HomeMy WebLinkAboutCouncil January 23 20011 WHATCOM COUNTY COUNCIL
2 Regular County Council
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4 January 23, 2001
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7 The meeting was called to order at 7:00 p.m. by Council Chair L. Ward
8 Nelson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
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10 Also Present: Absent:
11 Dan McShane Robert Imhof
12 Marlene Dawson
13 Connie Hoag
14 Barbara Brenner
15 Sam Crawford
16
17 ANNOUNCEMENTS
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19 Nelson announced that there was discussion with Chief Civil Deputy
20 Prosecutor Randy Watts regarding pending litigation (AB2001 -018) in
21 executive session during the Committee of the Whole meeting.
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24 SPECIAL ORDER OF BUSINESS
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26 COUNCIL TO APPOINT ONE MEMBER TO SERVE ON THE ECONOMIC
27 DEVELOPMENT COUNCIL
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29 Crawford stated Councilmember Dawson offered to decide by a coin toss.
30 However, he refused to participate in the coin toss because he wants to be on the
31 committee.
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33 Brenner suggested that the County withdraw from the Economic
34 Development Council (EDC), as the City of Ferndale did. Then they wouldn't have
35 to decide who serves.
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37 Hoag agreed.
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39 Nelson questioned whether either candidate wished to withdraw their
40 nomination.
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42 Crawford stated he did not want to withdraw his nomination.
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44 Hoag nominated Dawson to serve as the main member with Crawford to
45 serve as an alternate.
46
47 Nelson stated that would not work because Councilmember Crawford would
48 not agree to that.
Regular Whatcom County Council, 1/23/2001, Page 1
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2 Brenner stated she would vote for Councilmember Dawson. She appreciated
3 that Councilmember Crawford would do an excellent job. However, if someone
4 wants to stay in a position that he or she is in, she always supports that wish.
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6 Crawford stated he is currently the County Council representative to the EDC.
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8 Dawson stated that she used to be the representative before Councilmember
9 Crawford.
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11 Hoag voted for Dawson.
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13 Dawson voted for Dawson.
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15 Nelson voted for Dawson.
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17 Brenner voted for Crawford.
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19 McShane voted for Crawford.
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21 Crawford voted for Crawford.
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23 Due to a tie vote, no one was appointed.
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25 Nelson stated Councilmember Crawford is on almost every committee. They
26 need to spread the workload out.
27
28 Dawson moved to conduct a coin toss.
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30 Nelson stated it is not a motion. It would have to be agreed upon by both
31 parties, since both parties were nominated.
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33 Crawford stated that he would not accept a coin toss.
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35 Hoag requested a parliamentary inquiry and questioned whether Sturgis'
36 Rules of Order address whether or not a coin toss is used.
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38 Dana Brown - Davis, Clerk of the Council, stated that is not covered in Sturgis'
39 Rules of Order.
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42 OPEN SESSION
43
44 The following people spoke:
45
46 Bernice Brannon, 4145 Petos Drive, Ferndale, stated she read a newspaper
47 article. Eleven tribes in the State of Washington are suing the state and trying to
48 get regulatory control over the waters and streams. It is going to impact everyone
Regular Whatcom County Council, 1/23/2001, Page 2
1 who lives in the county and in the state. She asked for County Council support,
2 with the state, to get this thing stopped or add onto the lawsuit. They are saying
3 the state has not maintained the culverts. They are using that argument to address
4 the Bolt decision. They need to get the farmers, mayors, and water users in the
5 county to support the state in this argument or join in on the lawsuit.
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7 Nelson questioned whether counties normally join in on state lawsuits.
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10 McShane stated the state is being sued. The County doesn't really want to
11 join a lawsuit against itself.
12
13 Leonard Lindstrom, Bellingham, stated they need to help their fellow
14 Americans with people skills and teach them to have a conscience. They all need to
15 be a diplomat and help a person in need.
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17 Richard Gilda, Jensen Road, stated he talked to Michael Brennan and his staff
18 about home occupations and cottage industries. Mr. Brennan was going to ask the
19 Council to not continue on this ordinance and adopt it. Mr. Brennan was going to
20 say that there is money to do studies for economic development in the Birch Bay,
21 Blaine, and Everson areas. This study could have something to do with what the
22 Council is doing with the home occupation and cottage industry ordinance. Growth
23 Management mandates that counties do economic rural development that is
24 compatible with farming. Another thing they discussed was the possibility of
25 creating a committee made up of people who have small cottage industries or home
26 occupations. In 1997, there were 1,200 farms in Whatcom County. That number is
27 down by several hundred right now. There are a little over 2,000 small businesses
28 paying property taxes on what they are doing in the county, outside the city limits.
29 There could be as many as 5,000. The Department of Revenue has close to 3,000
30 registered businesses in Whatcom County. He asked the Council to postpone the
31 vote until the studies are done and consider forming an advisory committee similar
32 to the Farm Agricultural Committee.
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34
35 PUBLIC HEARING
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37 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
38 ORDINANCE, TITLE 20, CHAPTER 20.80.730, LAND CLEARING AND
39 20.97, DEFINITIONS (AB2000 -391)
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41 McShane stated the committee brought forward minor additions and changes
42 to option one.
43 • Section 20.80.730(1), "...review criteria for land clearing in connection
44 with conversion ...."
45 • Section 20.80.730(4) should say "have" instead of "has" at the beginning
46 of the third line.
47 . Section 20.80.730(5)(c) at the end, "...WCC 20.80.730(5)(ed)(i- iii)."
48 • Section 20.80.730(7)(a)(ii)(C) "A+I development moratorium..."
Regular Whatcom County Council, 1/23/2001, Page 3
1 Section 20.80.730(7)(b) "Request for Development Moratorium. Atty
2 development moratorium may be considered by the Hearing Examiner
3 when all of the following..."
4
5 Nelson opened the public hearing and, hearing no one, closed the public
6 hearing.
7
8 McShane moved to adopt with the amendments. There was discussion in
9 committee regarding the issue of County review thresholds. They spoke at length.
10 Staff pointed out that making any changes to those threshold levels would begin
11 the entire State Environmental Protection Act (SEPA) process again. The
12 committee chose not to do anything on that, however it is something that
13 councilmembers may want to consider as an amendment to this ordinance in the
14 future.
15
16 Nelson stated they hopefully won't have to do that if the County can put all
17 the ordinances together in one package for the public.
18
19 Hoag stated the changes that were considered were ones that were passed
20 last year. She didn't support the suggestion that Council might wish to review and
21 amend these at a future date. There was a lot of discussion and good interaction
22 with the Department of Fish and Wildlife, the Planning and Development
23 Committee, people who are interested in the lake, and developers. These
24 thresholds were just adopted last year and they are great. They don't need to be
25 amended.
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27 Motion to adopt carried unanimously.
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29
30 CONSENT AGENDA
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32 Dawson moved to approve Consent Agenda items one through four.
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34 Motion carried unanimously.
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36 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
37 CONTRACT MODIFICATION TO THE EXISTING FINANCIAL
38 ASSISTANCE AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND
39 HUMAN SERVICES DEPARTMENT AND THE CITY OF BELLINGHAM FOR
40 THE ALCOHOL PROTECTIVE CUSTODY PROGRAM AND SUBSTANCE
41 ABUSE TREATMENT COSTS, IN THE MODIFIED AMOUNT OF $55,208
42 (AB2001 -035)
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44 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
45 CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY HEALTH AND
46 HUMAN SERVICES DEPARTMENT AND THE DEPARTMENT OF HEALTH
47 TO INCREASE THE NUMBER OF QUALITY, LICENSED, CERTIFIED
Regular Whatcom County Council, 1/23/2001, Page 4
1 CHILDCARE PROVIDERS FOR CHILDREN WITH SPECIAL HEALTH CARE
2 NEEDS, IN THE CONTRACT AMOUNT OF $30,000 (AB2001 -036)
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4 3. RESOLUTION OF WHATCOM COUNTY, CITY OF BELLINGHAM,
5 WHATCOM COUNTY FIRE DISTRICTS, AND OTHER COUNTY
6 MUNICIPALITIES, SUPPORTING THE CREATION OF A STRATEGIC
7 PLAN FOR FUTURE DELIVERY OF PRE - HOSPITAL EMERGENCY
8 MEDICAL SERVICES IN WHATCOM COUNTY (AB2001 -037)
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10 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
11 JOINT FUNDING AGREEMENT WITH THE UNITED STATES
12 GEOLOGICAL SURVEY (USGS) FOR STREAM GAGE OPERATION AND
13 MAINTENANCE, IN THE TOTAL AMOUNT OF $41,325 (AB2001 -038)
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15 OTHER ITEMS
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17 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.04.092,
18 REFUND PROCEDURES (AB2001 -029)
19
20 Crawford reported for the Finance and Administrative Services Committee
21 and moved to adopt.
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23 Motion carried unanimously.
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25 2. ORDINANCE AMENDING THE 2001 BUDGET, REQUEST NO. 1 (AB2001-
26 031)
27
28 Crawford reported for the Finance and Administrative Services Committee
29 and moved to adopt. There was some discussion about the current situation with
30 the cable broadcast. Although the committee is recommending approval of this
31 fund balance change, they are going to continue to work on the issue of providing
32 the broadcast and what the County can do about that.
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34 Motion carried unanimously.
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36 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CODE,
37 TITLE 20, TO REVISE STANDARDS AND APPROVAL PROCESS FOR
38 HOME OCCUPATIONS AND COTTAGE INDUSTRIES IN VARIOUS
39 ZONING DISTRICTS (AB2000 -251B)
40
41 McShane reported for the Planning and Development Committee and stated a
42 special work session has been scheduled to work on this more on Tuesday, January
43 30th at 12:30 p.m.
44
45 4. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN
46 SPACE /OPEN SPACE AND OPEN SPACE /TIMBER APPLICATIONS
47 (AB2001 -039)
48
Regular Whatcom County Council, 1/23/2001, Page 5
1 McShane reported for the Planning and Development Committee and moved
2 approval as recommended by staff.
3
4 Motion carried unanimously.
5
6 5. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN
7 SPACE /OPEN SPACE AND OPEN SPACE /FARM AND AGRICULTURE
8 CONSERVATION APPLICATIONS (AB2001 -040)
9
10 McShane reported for the Planning and Development Committee and moved
11 to approve as recommended by staff. He then moved to amend the Davis
12 application to waive the requirement to post an open space sign. The applicant
13 requested it. The Council has the discretion to do that. This is a location along the
14 Bonneville Power Administration (BPA) right -of -way. The applicant had a concern
15 that a sign placed in an area with a fair amount of use by four -wheel drive vehicles
16 would draw those vehicles into the area that is inappropriate for that use. He
17 agreed with that concern.
18
19 Nelson stated he lives in that neighborhood. The property is near Carpenter
20 Creek, which is a critical area for the Lake Whatcom watershed. There is quite a bit
21 of four -wheel drive vehicle and motorcycle activity in the forested areas. He
22 recognized the request to prevent destruction of the property.
23
24 Hoag stated the applicant is requesting open space, which means the public
25 should have access to the property. On the other hand, she understood the
26 concern about the BPA lines. She questioned whether it sets a precedent for future
27 people who may not want to install a sign. Placing a sign goes with getting a tax
28 break.
29
30 Sylvia Goodwin, Planning Division Manager, stated the applicant has no
31 objection to pedestrians using the land. He only objected to off -road vehicle use on
32 the property. The property would still be open to the public for recreational use.
33 The public uses it now regularly and heavily. If the owner is able to keep the gate
34 closed and not post a sign, the four - wheelers cannot come in.
35
36 Hoag asked if the four - wheelers could still go on the property if the sign is
37 not there. Goodwin stated there is a closed gate and no sign would be posted,
38 which would make it more difficult. It's possible to post a sign that says only
39 pedestrians are allowed.
40
41 Hoag questioned whether it is within the Council's prerogative to require.
42 Goodwin stated it is possible, but they use a standard sign that the County posts
43 for open space.
44
45 McShane stated this individual lives in California most of the year. It is an
46 unoccupied property.
47
48 Goodwin stated the Council could require a different sign.
Regular Whatcom County Council, 1/23/2001, Page 6
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2 Brenner stated she liked it just the way it is, especially because there is a
3 creek right there. There is a real problem with off -road vehicles going into the
4 creeks and damaging spawning areas. If the owner isn't around, then she
5 supported not drawing too much attention to it. Open space /open space is good for
6 the county anyway, and the applicant meets the qualifications, but that area has
7 been used quite a bit by all kinds of people.
8
9 Nelson questioned whether they've waived the sign requirement in the past.
10 Goodwin stated it has happened before, especially if there is a habitat issue when
11 they don't want to encourage access.
12
13 Motion to amend carried unanimously.
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15 Motion to approve as amended carried unanimously.
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17 6. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT COLLEEN
18 JOHNSON AND MARTIN CHESS TO THEIR FIRST FULL TERMS ON THE
19 SUBSTANCE ABUSE ADVISORY BOARD (AB2000 -326D)
20
21 Brenner moved to appoint.
22
23 Motion carried unanimously.
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25
26 INTRODUCTION ITEMS
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28 Dawson moved to accept the Introduction Items.
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30 Motion carried unanimously.
31
32 1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION ON
33 FILE NO. APL 2000 - 00012, FILED BY PLANNING AND DEVELOPMENT
34 SERVICES (AB2000 -433)
35
36 2. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
37 AMENDMENTS (AB2001 -041)
38
39
40 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
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42 Hoag stated the National Energy Board (NEB) in Canada has been holding
43 hearings. She attended them last week. It has been intriguing to watch their
44 process and compare it to the state's process. There are over 400 interveners.
45 They allow anyone to speak who would like to, and call them up in alphabetical
46 order.
47
Regular Whatcom County Council, 1/23/2001, Page 7
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Brenner reminded councilmembers of the Alzheimer's Walk at the mall this
Saturday at 8:30 a.m. for runners and 9:00 a.m. for walkers.
ADJOURN
The meeting adjourned at 7:40 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on February 6 , 2001.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Regular Whatcom County Council, 1/23/2001, Page 8