HomeMy WebLinkAboutCouncil October 10 20001
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WHATCOM COUNTY COUNCIL
Regular County Council
October 10, 2000
The meeting was called to order at 7:00 p.m. by Council Chair Marlene
Dawson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present:
Dan McShane
L. Ward Nelson
Connie Hoag
Barbara Brenner
Sam Crawford
ANNOUNCEMENTS
There were no announcements.
SPECIAL PRESENTATION
Absent:
Robert Imhof
PRESENTATION OF CERTIFICATES TO WHATCOM COUNTY
TREASURER BARBARA CORY, CHIEF DEPUTY AUDITOR TERRY HINZ,
AND INTERNAL AUDITOR KIM HERRENKOHL IN RECOGNITION OF
THEIR 2000 PROFESSIONAL FINANCE OFFICER AWARDS
Marlene Dawson stated it is Kim Herrenkohl's third consecutive year and
Terry Hinz's tenth consecutive year for achieving the 2000 Professional Finance
Officer award. She thanked them for their hard work and dedication.
Barbara Cory also received an award for her tenth consecutive year.
PRESENTATION OF HAL HART, WHATCOM COUNTY'S NEW DIRECTOR
OF PLANNING AND DEVELOPMENT SERVICES
Dewey Desler, Deputy Administrator, expressed County Executive Kremen's
regrets for not being present at the meeting because he was in Kangwah County,
Korea, signing the first sister - county agreement on behalf of Whatcom County. In
his absence, he introduced Mr. Hal Hart as the new Director of Planning and
Development Services. He comes to Whatcom County from the State Department
of Community, Trade, and Economic Development. He was responsible for growth
management coordination across a large region of Washington State. Prior to that,
he was a senior planner for the City of Port Townsend, where he worked on a
variety of long -range planning projects, including their Comprehensive Plan. He
was also the Planning Director for Stevens County, Washington. Mr. Hart has a
masters degree in urban and regional planning. His education and experience
Regular County Council, 10/10/2000, Page 1
1 allows him to bring a background in economics, planning, economic development,
2 and public service to Whatcom County. Mr. Hart demonstrated the ability to
3 achieve results while working with all segments of the community. He has a solid
4 and successful reputation, with proven experience in land use planning. The
5 administration requested confirmation of Mr. Hart. With the Council's approval, Mr.
6 Hart will officially begin service in early November. He also thanked Sam Ryan,
7 Roland Middleton, Kathryn Morice, and Sylvia Goodwin for their dedication and fine
8 work over the past ten months as the administration searched for the right person
9 to lead this department. They are to be commended for their care and commitment
10 to service.
11
12 Dawson thanked Mr. Hart for coming to Whatcom County.
13
14 Nelson moved approval of the Executive's recommendation of Mr. Hart as the
15 Director of Planning and Development Services.
16
17 Brenner thanked Sam Ryan, Sylvia Goodwin, and Roland Middleton for the
18 work they've done. They did such a good job that she would abstain from voting.
19 It was nothing personal.
20
21 McShane stated he'd heard very good things about Mr. Hart and welcomed
22 him.
23
24 Dawson stated this is a very challenging position. There are very strong
25 feelings both ways in this community.
26
27 Motion carried 5 -0 -1 with Imhof absent and Brenner abstaining.
28
29 Nelson stated that Councilmember Imhof was absent due to attending a
30 political forum in Lynden.
31
32
33 OPEN SESSION
34
35 The following people spoke:
36
37 Mike Kaufman, 1620 Huntley Road, stated he learned a lot about the Energy
38 Facility Site Evaluation Council (EFSEC) since he's been involved with the Sumas
39 Energy 2 (SE2) project. EFSEC is one screwed up pooch. It was started back in
40 the early 1970's. Their preamble reads that there is an urgent need for power.
41 They are totally out of step with today's reality. He went to an August 24 meeting
42 in Sea -Tac, a visioning task force on EFSEC. Next Wednesday, October 18 in the
43 Whatcom County Council Chambers at 9:30 a.m. this task force will hold an open
44 public meeting about EFSEC and the siting process. Those recommendations would
45 go to the task force, who would make recommendations to the governor. The
46 governor would hopefully make recommendations to the legislature to modernize
47 EFSEC. The EFSEC members, legislators, governor's office, and the public
48 recognize it is out -of -date. He asked people to attend.
Regular County Council, 10/10/2000, Page 2
1
2 Ben Hinkle, 2582 North Shore Road, stated that in the first week of
3 September, the United Nations assembled to restructure a new charter. Under the
4 new charter, they would have a world parliament, which could pass laws governing
5 the world and be a world taxing authority. They would tax the citizens of the world
6 for money to support a United Nations army that would be in all nations of the
7 world to enforce the laws passed by a foreign parliament. The people of the United
8 States are losing their sovereignty. A bill before congress will take the United
9 States out of the United Nations. There are 18 co- sponsors to the bill. His purpose
10 was to bring this to the attention of the citizens, who can bring it to the attention of
11 their congress that the citizens want out of the United Nations. The American
12 people would lose their liberties under the Constitution along with their rights to
13 own property, worship, and travel. Eventually, their rights would be under the
14 control of the United Nations. He asked for support for House Resolution 1146, the
15 American Sovereignty Restoration Act, which is before Congress to take the United
16 States out of the United Nations.
17
18 Herm Frantzen, Lynden, stated they've all attended conferences. One
19 meeting had to do with the revitalization of the downtown areas. This was a
20 conference held in Tacoma, and they were encouraged about all the possibilities if
21 people partner and work together. There is a request to have the Lynden
22 Downtown Development Plan and Strategic Plan placed on the list of prioritized
23 items. He asked the County Council to give serious consideration to place that
24 request on the County's prioritized list.
25
26 Richard Gilda, Jensen Road, stated he had worked with Hal Hart while he was
27 with the State Department of Community, Trade, and Economic Development
28 (CTED). His opinion of CTED had not been very good, but there are a few people
29 there who are pretty good. Mr. Hart is one of the people who provided correct and
30 accurate information. The County will have a good man to work with.
31
32 Leonard Lindstrom, West Maplewood Avenue, Bellingham, stated
33 acknowledgement is a must in speaking and communicating. They create large
34 numbers of street people by blaming and refusing to acknowledge them. They are
35 forced to live in a deprived lifestyle in a hostile and crime - ridden atmosphere, with
36 no social support. There is violence, meanness, and hate. It is time to grow up
37 and become an American.
38
39 Sherilyn Wells, 1020 Geneva, Bellingham, referenced the Whatcom County
40 Code (WCC) 21.02.010, as presently proposed, which deals with variances,
41 appeals, and amendments. Criteria set B, comment (3), says that the granting of
42 any variance will not be unduly detrimental to the public welfare. She suggested
43 amending the language, "...will not be unduly detrimental to the public health,
44 safety, or welfare..." as have been added in criteria set A. Public health, safety, and
45 welfare is mandated to be a top priority of government. This references the Title
46 21 item, Council packet page 55. Criteria A and B are to have different emphases,
47 but item (3) under set A is the most appropriate language.
48
Regular County Council, 10/10/2000, Page 3
1
2 Mark VanBuren, Wiser Lake, thanked Ben Hinkle for bringing the new Charter
3 from the United Nations to the attention of the public because the public doesn't
4 seem to understand what is happening in the country and to their sovereignty.
5 Anything that has to do with their government or their vote is at risk.
6
7
8 PUBLIC HEARING
9
10 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CODE,
11 TITLE 20, TO REVISE STANDARDS AND APPROVAL PROCESS FOR
12 HOME OCCUPATIONS AND COTTAGE INDUSTRIES IN VARIOUS
13 ZONING DISTRICTS (AB2000 -251B)
14
15 Sylvia Goodwin, Planning Division Manager, gave a staff report and stated
16 there are two ordinances before the Council. Either version could be adopted. She
17 reviewed the differences between the existing regulations, the Planning Commission
18 recommendations, and the County Council substitute version. The County Council
19 initiated the ordinance last year as part of the annual zoning code update. It's gone
20 forward to the staff, who wrote a staff report and sent it to the Planning
21 Commission. The Planning Commission held a public hearing and revised it
22 considerably. One of the ordinances is the Planning Commission recommendation.
23 The County Council Planning and Development Committee substituted another
24 ordinance for the Planning Commission ordinance, which is the subject of the
25 hearing tonight. The County Council substitute is similar to the original staff
26 recommendation. The Planning Commission draft was introduced and is still on the
27 County Council docket. The County Council could adopt and /or modify either draft.
28
29 She distributed a chart earlier that shows the difference between the two
30 drafts. The County has regulations for cottage industries and home occupations.
31 In several areas, the current regulations are more restrictive than either draft
32 under consideration. For the home occupations, there are currently no employees
33 allowed. In both drafts, two employees are allowed. The Planning Commission
34 language is better because it recommends that seasonal, part -time, and off -site
35 employees are not counted as employees if they are working less than ten hours
36 per week or ten days per year on -site. There are industries that have employees
37 who don't work on site. She recommended that language.
38
39 The building size is still 20 percent of the floor area. Outside storage is not
40 specifically addressed in the existing regulation. It is not allowed in either draft.
41 The cottage industry regulation does allow outside storage.
42
43 The current sign regulations allow four square feet. That regulation is in both
44 drafts. Both drafts are less restrictive than the current regulations because they
45 allow for a larger sign if there is a conditional use permit.
46
47 Traffic currently can only be allowed at a level that is normal for a residential
48 neighborhood. The County Council draft says that it has to be appropriate for a
Regular County Council, 10/10/2000, Page 4
1 residential neighborhood or the road classification. If the Guide Meridian happens
2 to run by a person's property, the traffic associated with that road would be
3 allowed. The Planning Commission made an improvement on that.
4
5 Brenner asked how they are different if it is an applicable zoning district.
6
7 Goodwin stated the zoning deals with all types of zoning districts. Agriculture
8 and Rural Forestry are two of the zones. If there are large trucks going through
9 those zones, than the cottage industries shouldn't be restricted to passenger
10 vehicles. If the language allows for traffic appropriate for the zoning district, it
11 would allow trucks or heavier traffic than what would be allowed in a residential
12 neighborhood. The Planning Commission wording in this case is an improvement
13 over what they have.
14
15 Noise, vibration, glare, and fumes are currently regulated, which says they
16 cannot be detected off the lot. The same language is in the County Council's draft.
17 The Planning Commission improved that language by saying they should defer to
18 the Washington Administrative Code (WAC) on noise, which is more detailed. It
19 also defers to the Northwest Air Pollution Authority (NWAPA), although they have
20 not been very responsive in addressing a lot of these issues.
21
22 The primary difference in home occupation is whether or not to allow
23 manufacturing and retail sales. Many of the complaints dealt with noise, smoke, or
24 traffic associated with manufacturing and retail sales. A latte stand on Slater Road,
25 in the agricultural area, was the item that brought this issue forward. Many people
26 asked how they could allow a latte stand as a home occupation. It does qualify as
27 a home occupation. The County Council draft would limit retail sales to items
28 manufactured or repaired on -site or accessory to the service. The Planning
29 Commission expanded the use to allow e- commerce and catalog sales, which are
30 appropriate additions. The Planning Commission expanded it further to allow tools
31 and related sales and outdoor recreational equipment. That may go above and
32 beyond what the County Council would want in a residential neighborhood.
33
34 Hours of operation are not currently restricted. The Planning Commission
35 draft recommended that the hours of operation be 6:00 a.m. to 9:00 p.m. and
36 allows exceptions for other hours with approval. The Council draft allows hours of
37 operation from 7:00 a.m. to 8:00 p.m.
38
39 The current code is silent on the issues of the building codes, fire codes, and
40 Americans with Disabilities Act (ADA), but they apply to all new development and
41 cottage industries. The new code specifically says that.
42
43 There are no changes in the approval procedure for home occupations.
44
45 Crawford questioned what zones the home occupation regulations apply to.
46 Goodwin stated that home occupations are allowed in every zone that would allow a
47 house. The only zone where they are not allowed is in the Commercial Forestry
Regular County Council, 10/10/2000, Page 5
1 zone and the Industrial zones that don't allow houses. All of the other zones allow
2 houses.
3
4 Dawson stated that any cottage industry or home occupation that is legal
5 now would be grandfathered into the existing rules. Goodwin stated that was
6 correct. Anyone that is legal now would be allowed to continue. She was told that
7 there was some information on the radio that said they would be shut down and not
8 allowed to continue. That was not true.
9
10 Goodwin continued to state that the main differences in the ordinances are in
11 the cottage industry section. A cottage industry is not within a dwelling unit. It is
12 in an accessory building, such as a shop or unattached garage. The existing
13 regulations allow two employees in Rural Residential zones, four employees in Rural
14 zones with one additional employee for every ten acres, and four employees in the
15 Rural Forestry zones. An unlimited number of employees are allowed in the
16 Agricultural zone. The proposed regulations are similar, but there would be a limit
17 on the number of employees in the Agricultural zone to four.
18
19 Crawford questioned whether a cottage industry would be allowed if there
20 are buildings on the property, but no house. Goodwin stated that the owner would
21 have to live in one of the buildings, unless the area was zoned for that. Someone
22 has to be living on the premises. That was one of the issues with the latte stand.
23
24 Goodwin continued to state that the size is currently limited for new building
25 space or unlimited for any existing building. Anyone can go into a building and get
26 approval to operate. If a person wants to build a new building, it's limited to 1,250
27 square feet in the Rural Residential (RR) zones, 2,500 square feet in the Rural (R)
28 zones, and there is no limit to new buildings in the Agricultural zone. Both of the
29 proposed regulations are close to the existing regulations.
30
31 There is currently no limit to outside storage, but there are screening and
32 landscape requirements and a 100 -foot setback in the Rural district. That has
33 caused a problem in some areas because a person with ten acres could put ten
34 acres of stored vehicles in a junk lot, and that could still be a cottage industry as
35 long as there is a house somewhere in there. That wasn't the intent of the cottage
36 industry ordinance. Both drafts limit the outdoor storage to 25 percent of the
37 parcel, 10,000 square feet in Rural Residential zoning, or one acre in Agriculture
38 and Rural Forestry zones.
39
40 Brenner questioned whether a parcel in Rural zoning allows one acre of
41 storage if it was a certain size. Goodwin stated that if a parcel is smaller than one
42 acre, the owner would need a conditional use permit. Otherwise, the owner could
43 get an administrative approval.
44
45 Sign regulations are another issue. Now, they are limited to four square
46 feet, with no provision for anything larger. The County Council draft allows four
47 square feet, with larger signs by conditional use permit. Planning Commission
48 recommended signs of 32 square feet.
Regular County Council, 10/10/2000, Page 6
1
2 The existing traffic rules say it is limited to what is normal for a residential
3 neighborhood. One problem with that is in the Rural zone, which says a person can
4 only have one delivery per month of trucks larger than one ton. A one -ton truck is
5 a United Parcel Service (UPS) truck. It would be difficult to run a business if only
6 one UPS truck was allowed per month. The draft language allows traffic that would
7 be normal for the applicable zoning district or the road classification.
8
9 Crawford questioned staff's language preference. Goodwin stated the
10 Planning Commission language specifying the applicable zoning district is better.
11
12 Goodwin continued to state that they already talked about noise, vibration,
13 glare, and fumes. Deferring to the state WAC is preferable.
14
15 Regarding manufacturing, which was a key issue discussed by the Planning
16 Commission, it is now unrestricted. A person in a cottage industry could build
17 whatever he could fit in that building. The proposal is to limit manufacturing to
18 assembly of already- manufactured parts or small handcrafted items, wood
19 products, or agricultural products. The Planning Commission expanded that to
20 include manufacturing items up to 10,000 pounds on a two -acre or larger parcel.
21 They were talking about things such as boat and horse trailers.
22
23 Retail sales are currently unrestricted. The proposals are to restrict them to
24 items that are manufactured or repaired onsite or are accessory to accessory to the
25 service. That was to deal with the traffic. Planning Commission expanded it to e-
26 commerce and catalog sales, which are good additions. She was concerned about
27 the tourism - related sales. They need to talk about what types of businesses would
28 be appropriate for retail sales.
29
30 Hoag stated that deferring to NWAPA and the WAC was never brought up at
31 the committee level, even though it has been at the committee level frequently.
32 She wanted to make sure people understood what that meant prior to the public
33 hearing. In the Agriculture zone a person is allowed to have noise 24 hours per day
34 that is eight times louder than the level that interferes with sleep. If they are going
35 to defer to the WAC for any cottage industries in the Agricultural zone, they would
36 be allowed to have loud noise 24 hours per day. Goodwin stated that the Planning
37 Commission's argument was that the language "audible at the property line" was
38 too restrictive. They have to look at what makes good neighbors and what is
39 reasonable. That language may be too restrictive.
40
41 Goodwin continued to state that the hours of operation are unrestricted in
42 the existing regulations, and would be restricted in the draft regulations to 7:00
43 a.m. to 8:00 p.m., with later use allowed upon approval.
44
45 They already talked about fire and building codes and ADA. The other main
46 difference in the cottage industry regulation that is proposed is the approval
47 process. Currently, everyone has to get a conditional use permit, which takes up to
48 90 days and costs about $350. The proposed regulations would make it an
Regular County Council, 10/10/2000, Page 7
1 administrative approval use, which does not take as long and only costs about
2 $125. That is less restrictive.
3
4 A conditional use permit is still required if a person is going to have three or
5 four employees in the Rural, Agriculture, and Rural Forestry zones.
6
7 Nelson referenced firewood sales and questioned whether forestry practices
8 are prohibited in the rural zones. Goodwin stated forestry and agricultural practices
9 are allowed in both rural and agricultural zones. There are urban residential and
10 rural residential sub -zones in the east county. In those areas, one couldn't sell
11 firewood, but most places it would be allowed as a cottage industry.
12
13 Brenner stated there used to be a home occupation ordinance that allowed
14 the business to be in a separate dwelling if the property is big enough to allow for
15 an additional home. She questioned whether something that is permitted by
16 conditional use would be grandfathered. Goodwin stated that was correct. The
17 existing regulations cause some people some grief. In a Rural Residential zone, a
18 person would have to have two lots to have a business, even if it's just an office.
19 Now, the owner would only have to have one lot.
20
21 Hoag stated this public hearing is on AB2000 -251B, which was the substitute
22 ordinance introduced by the Council. She found it odd that they are referring to the
23 Planning Commission ordinance, which is not up for hearing. They did not get a
24 chance to address this in committee, which would have been a good place to air
25 their concerns about that if that is what they thought they were addressing at this
26 meeting. She thought they were having a hearing on the Council draft. Goodwin
27 stated they are having a hearing on the Council's draft. The reason for the County
28 Council substitute ordinance was because the Planning Commission sent the County
29 Council a draft, which the County Council replaced with another substitute
30 ordinance. There are a lot of people present who are concerned about and
31 interested in the Planning Commission draft, which is why she compared the two.
32 The committee meeting has been busy lately, and there wasn't time to get through
33 the entire ordinance.
34
35 Dawson stated there was discussion in committee about holding this item.
36 Goodwin stated that was correct.
37
38 McShane stated they had a Planning Commission recommendation and they
39 substituted it for the original staff report. The committee didn't work on it very
40 much. That substitution meant that it needed to have a public hearing to get public
41 input. The Council would be entertaining changes. He would be very interested in
42 hearing what people have to say to make it a better ordinance.
43
44 Goodwin stated she recommended working from the Council's draft and
45 incorporating some of the better points out of the Planning Commission
46 recommendation. She didn't recommend adopting it at this meeting.
47
Regular County Council, 10/10/2000, Page 8
1 McShane stated that they intend to have a work session the next day. They
2 may be able to work on this at that work session.
3
4 Dawson opened the public hearing and the following people spoke:
5
6 Debbie Raper, 3633 Best Lane, Bellingham, encouraged the Council to make
7 sure they do not add additional regulations that would make it more difficult for
8 citizens to be entrepreneurs. Many of the county's larger businesses started out in
9 garages and barns. They should allow that to continue.
10
11 Dave Ernst, 7208 Lankhaar Road, Lynden, stated he submitted suggested
12 revisions.
13
14 (Clerk's Note: End of tape one, side A.)
15
16 Ernst continued to state that he had concerns about language related to
17 cottage industries in the Agricultural zone. He recently read the draft of the
18 Agricultural zone revisions. They refer to home occupation and cottage industries
19 revisions. It incorporates those into the Agricultural zones revisions. The Council
20 should work those two together. Give special credence to the Agricultural zone,
21 especially to products produced in the Agricultural zone. There is a lot of
22 agriculture done in this county in the rural zones, not in the Agricultural zone.
23
24 There is also an agricultural protection overlay in the Rural zones, which
25 should be taken into consideration when thinking of the relationship of cottage
26 industries to the production of agricultural products.
27
28 Laura Hoffman, 932 West Axton Road, Bellingham, encouraged the Council to
29 keep this as flexible as possible, and not so ridged that there can't be exceptions to
30 the rule. She has a home -based business, and has found it difficult in dealing with
31 the County. She thought she was covering all her bases by talking to everyone at
32 the County that she thought she needed to, only to have them tell her she couldn't
33 have her business after she opened it. An inspector then came out and told her she
34 was fine. She recommended that there be a list of people that a business needs to
35 get approval from. She rents her home for weddings and meetings. She has
36 approval from her neighbors and is well away from them. Her other problem was
37 that she was required to have a class B water system, which is for up to seven
38 houses. She only has one house. Part of that requirement is to have a water
39 meter, which is very expensive and has to be read on a regular basis to prove she
40 is not using over 5,000 gallons per day.
41
42 Brenner questioned whether she is on Ferndale City water. Hoffman stated
43 she is not. She is on a well. Her pump will not pump 5,000 gallons per day. The
44 Health Department would not waive that requirement. Her concern was that some
45 of these ordinances are not practical. She urged the Council to be practical and use
46 common sense.
47
Regular County Council, 10/10/2000, Page 9
1 Hoag stated that the 5,000 gallon water requirement is not a part of what
2 they are dealing with now.
3
4 Wayne Trefethen, 224 E. Pole Road, stated he has owned a cottage industry
5 for the last six years. Look at the overall picture, including the impacts to families
6 and traffic. If they change the regulations to not allow businesses, they will
7 relocate to other places. Not all cottage industry application is looked at in a fair
8 manner. The County should go to the site and look at the property before making a
9 decision.
10
11 Tim Lockerby, 4266 Deming Road, stated he owned a cottage business for
12 the last 26 years. During that time, he's had no complaints from his neighbors.
13 He's always tried to be a good neighbor. He questioned how many of the people
14 who've complained about a neighboring business have actually gone to the
15 business owner and tried to remedy the problem, rather than calling the
16 authorities. The people who have moved in over the years have encroached on the
17 businesses, rather than the other way around.
18
19 Richard Kimball, 3833 Mount Baker Highway, stated he owns Mount Baker
20 Automotive. Having just gone through the process to open a cottage industry, he
21 found it a very difficult process to go through. An owner has to virtually hire
22 someone to help him or her through the process. Allsop Corporation started out as
23 a cottage industry. Some of the most world class businesses, such as Acme
24 Testing, which is considered one of the finest in the world, are cottage industries.
25 Canyon Industries is the leader in the world in hydro generation. Knight
26 Motorcycles make the world's best motorcycle racing frame. Corn Nuts came from
27 Whatcom County as a cottage industry. Tightening up the regulations so these
28 kinds of businesses can't grow is not good. The good that has come from cottage
29 industry has been substantial for the county. In the process of trying to get the
30 permits for his business, he found that a person needs an ombudsman to help go
31 through the process. He asked the Council to please lighten the load on the guys
32 trying to increase the tax base.
33
34 Brenner asked if he'd received his permit. Kimball stated he had not
35 received his permanent occupancy permit yet.
36
37 Brenner questioned how long he'd been in the process. Kimball stated it took
38 nine and a half months to get the building permits and zoning authorization. He
39 was given an occupancy permit for the lower portion of the building. The residence
40 was in the upstairs. Because the cabinets weren't done, they didn't give him the
41 permit to occupy the upstairs part of the building. Zoning inspectors gave him a
42 cease and desist order and told him to stop working because he wasn't legally into
43 the residence. The kitchen cabinets were not installed. He had to stop business
44 and send the employees home. When he called the building people, they have him
45 a permit because he had running water upstairs.
46
47 Brenner questioned whether he was living upstairs. Kimball stated he wasn't
48 living there until the cabinets were in. One can't have an occupancy permit until
Regular County Council, 10/10/2000, Page 10
1 cabinets are installed. It cost him another month's rent for where he was living. It
2 is a very difficult process. It takes about a year to make it happen.
3
4 Dan Warner, 3854 Squalicum Lake Road, stated this is difficult. No one
5 denies that cottage industries are useful, good things that are helpful to individuals
6 and the general economy. The question is where you draw the line between the
7 right to have a business and the right to peace and quiet in the rural zone. There
8 are legitimate interests on both sides. All of the costs associated with adhering to
9 the restrictions and regulations are quantifiable. On the other hand, they can't as
10 easily quantify the value of having a pleasant place to live. When comparing the
11 two sides, the rural lifestyle tends to get shortchanged because there is no way to
12 put a dollar figure on that. Don't shortchange either one.
13
14 Darlyn DelBoca, 7208 Lankhaar Road, requested that the record be left open
15 for written input. They value the agriculture zone, its resource base, and the
16 people who are there. She felt that the cottage industry is necessary in the
17 agricultural zone, but only if it comes from production from the farm. One acre of
18 storage in the rural zone seems excessive. She suggested Y4 of an acre instead.
19
20 Randy Scott, 3739 Mount Baker Highway, stated he has put a lot of effort
21 into this, and he is fairly educated. This is a convoluted and complicated document
22 and process to understand. One quarter of an acre is not appropriate to house a
23 10,000 square foot building with ten employees. It is a matter of balance. People
24 want a home environment that is quiet, nurturing, and protected from outside
25 influences. They can have all of those things and still allow cottage industries and
26 home -based businesses in Whatcom County, especially along the Mount Baker
27 corridor. While attending a variety of different meetings on this over the past ten
28 months and being fairly active in it, he found it interesting that a certain business in
29 a certain area had been singled out a number of times. He lives right next door to
30 Mount Baker Automotive. It has no negative impacts whatsoever. The grocery
31 store on the other side of him has more impact on his environment. It is a matter
32 of looking at these things and weighing them objectively. He is interested in
33 recreational and educational activities in the Mount Baker corridor, both from retail
34 and educational perspectives. Limiting the ability of a business to operate on a
35 recreational activity in that corridor is very limiting to the growth of that area.
36
37 Sharon Digby, 4076 Linnell Road, Deming, stated she was glad to see that
38 the rural business portion of the Planning Commission draft was not going to be
39 addressed until later because it needs in -depth study. The approach taken to
40 standardize home occupations and cottage industry across zoning districts in Title
41 20 is a good one. However, it is important to keep in mind that of the six zoning
42 districts affected by these changes, two are resources zones and the rest are
43 residential zones. Small businesses have always existed in these zones. The
44 County should strive for requirements that keep impacts to the neighbors at a
45 minimum. The emphasis should be on the community, not the individual who
46 wants to do whatever he or she wants to do. Zoning districts already exist for
47 businesses that have a greater impact. She suggested changes in the definitions
48 chapter, WCC 20.97.087 and 20.97.180. The hours of operation should be from
Regular County Council, 10/10/2000, Page 11
1 8:00 a.m. to 6 p.m., the normal retail hours. There is already a provision for hours
2 that can be longer. For each zoning district's administrative approval uses, it says
3 that the zoning administrator may require landscaping and screening. That
4 language should be "shall" instead of "may." The County needs to keep the
5 conditional use process, not the administrative approval process. They need to
6 continue the public hearing process. People need to be able to express opinions
7 and offer suggestions. With these types of industries, compliance is always
8 difficult. If there is a hearing process, the owner will be more likely to comply.
9 Lastly, Planning and Development Services is overworked and this would add to
10 their workload.
11
12 Mary Beth Teigrove, 2065 E. Hemmi Road, Everson, stated that when she
13 went through the conditional land use permit process for her small business, it was
14 a long, drawn -out, and expensive process. Some of the regulations that may be
15 added, such as landscaping, may have been cost - prohibitive to her when she
16 started her home business. She encouraged the Council to consider this because it
17 adds a lot of money to the cost of starting a small business. By the nature of
18 starting a home business, a person doesn't have a lot of money.
19
20 Evelyn Vooge, 8993 Double Ditch Road, Everson, stated she supported the
21 County Council substitute version of the ordinance or the existing regulations to
22 prohibit noise, vibration, glare, fumes, odors, and electrical interference.
23
24 Jerry Hunter, 5531 Knight Road, Bellingham, stated he is the superintendent
25 of the Mount Baker School District, a resident, and a taxpayer. He spoke in favor of
26 home occupations and cottage industries. He wrote a letter to the Planning
27 Commission on February 24 that made four statements. First, regulations ought to
28 allow appropriate types of home businesses and cottage industries to exist in the
29 Foothills area, which is the Mount Baker school district primarily. Second, such
30 industries and businesses most often serve the needs of current and future
31 residents in that area. Third, employment opportunities provided to the owners,
32 operators, and employees in those businesses and industries would be a valuable
33 resource that would otherwise be unavailable in more rural areas. At that time, he
34 urged the Planning Commission to approve recommendations that encourage
35 appropriate development of home businesses and cottage industries in Whatcom
36 County. He is not an expert in land use planning. The Mount Baker school district
37 is obligated to provide strong educational programs. Rural education should have
38 the same expectations as urban education. Education in the rural areas of
39 Whatcom County is an urban service. The Mount Baker School District's ability to
40 sustain itself is impacted by limitations of development of non - residential tax base
41 and employment opportunities in the area. The home businesses and cottage
42 industries are a small part of that type of development. There is a larger picture.
43 In terms of tax base per student and employment opportunities, there are two
44 Whatcom Counties that are emerging. This is in terms of property tax base
45 available to support school districts. He urged the Council to remain conscious of
46 this issue and of the tax base concerns in all areas of Whatcom County. The
47 Council cannot solve the concerns by itself, but its leadership position can be a
Regular County Council, 10/10/2000, Page 12
1 positive influence in working with all county residents to seek appropriate means for
2 Whatcom County school districts to maintain both educational and financial vitality.
3
4 Terry Scott, 3739 Mount Baker Highway, stated there is not enough time to
5 address all the issues. It is a challenge for each of the councilmembers to come up
6 with a business plan that would be best served for the community and could exist
7 under the proposed provisions. The Council is not saying that people have to follow
8 the regulations to have a home occupation or cottage industry. The Council is
9 saying that it doesn't want cottage industry in these areas. Without those,
10 everyone would be forced to drive to downtown. Traffic would get worse. It is not
11 a solution. He asked the Council to work up a business plan that could exist in the
12 areas, other than beauty salons. The type of business that he would run is
13 manufacturing of outdoor gear, which is not wanted by the people who control the
14 type of business allowed to open. However, the people who live in those areas want
15 those businesses.
16
17 Brenner questioned where in the comparison chart it says that he couldn't do
18 his business. Scott stated it is based on the amount of allowed outside storage.
19 The regulations are very restrictive. If he wanted to open a business on Mount
20 Baker Highway, he could not put up a sign that could be seen easily by people
21 driving the speed limit on the Mount Baker Highway.
22
23 Brenner stated they are talking about allowing larger signs with a conditional
24 use permit. Scott stated there are many provisions for conditional uses, but he is
25 working on a limited budget. Every time he has to spend additional time on money
26 on conditional uses, it adds expense and time he doesn't have. These are
27 roadblocks to opening a business.
28
29 Hoag moved to hold the written record open for two weeks.
30
31 Nelson stated that they haven't even decided on the motion for the
32 ordinance. If they are going to do that, they would have to close the hearing first.
33 There is a process.
34
35 Hoag asked for a legal opinion. People shouldn't have to stay at the meeting
36 all night to find out how long they are going to hold the written record open.
37
38 Dave Grant, Senior Civil Deputy Prosecutor, stated he agreed with
39 Councilmember Nelson.
40
41 Warren Sheay, 1453 Humboldt Street, Bellingham, stated he spoke on behalf
42 of his neighbors, who live close to retail businesses. With any new residential
43 development, the County needs to raise impact fees to offset the affect to school
44 districts. In Bellingham, impact fees account for only eight percent of what new
45 residential development costs. There is a very good source of money. Look at
46 impact fees. The big problems for neighborhoods are with signs, lighting, and
47 noise. There are small businesses in the neighborhood that keep their signs on
48 until midnight and beyond, even though they've closed at 6:00 p.m. They have
Regular County Council, 10/10/2000, Page 13
1 approached these businesses, which have said they have had review and don't care
2 about the neighbors. They do need strict and clear regulations for the sake of
3 neighbors everywhere. They need to regulate the types and direction of sign
4 lighting. Noise and decibel levels need to be clearly specified. They can't do just
5 what they want. Everyone counts. The term "tourism- related" needs to be
6 defined. Anything could be tourism - related. Growth Management dictates infill in
7 certain city areas so they can keep their rural landscape. However, infill is
8 occurring everywhere at once.
9
10 Travis Howard, 6968 Dahlberg Road, Ferndale, stated it is discouraging to
11 think that neighbors don't care about whether or not he can put food on the table
12 as much as they care about a small amount of fumes or light. A 10,000 -pound limit
13 is very small. He urged the councilmembers to be realistic and use their head.
14 Neighbors should talk to each other. The majority of the people are for home
15 occupations and cottage industries. It's discouraging when a little guy starts going
16 through the process and then gets slapped in the face.
17
18 Mike Kaufman, 1620 Huntley Road, stated he has been an entrepreneur for
19 25 years and has been successful after a long time. He is currently looking at
20 developing a new business plan. Entrepreneurship is why America leads the world.
21 They are the main reason for the advancement in jobs today. The small people,
22 not the big businesses, are creating the e- commerce revolution. Too much
23 regulation drives people underground. The reason why they are writing these is for
24 some nirvana idea of peace and quiet in the rural area. It doesn't exist. They are
25 on the west coast of America. It is the fastest growing place in the world.
26 Whatcom County is growing rapidly. There is always something going on. Some
27 people want things to always be idyllic and perfect, but that doesn't exist.
28
29 Roger Granger, 2087 ]effcott Place, Ferndale, stated that they need a history
30 lesson. From the 1800- 1900's, 95 percent of the people in the United States either
31 owned a business or were in apprenticeship to own a business. Five percent of the
32 people worked for someone else. Now it is the opposite, but it is changing. People
33 are getting tired of working for someone else. Two years ago, 40 million Americans
34 owned home -based businesses. Bill Gates began Microsoft in a small room. Don't
35 stifle home based business. This is a trend.
36
37 (Clerk's Note: End of tape one, side 8.)
38
39 Granger presented the Council with four copies of a book entitled The Lexus
40 and The Olive Tree. Less government is more sensible. They need less
41 government. One size doesn't fit all. That's the way the County Health
42 Department works.
43
44 Ignacio Pajnogac, 4115 Squalicum Lake Road, Bellingham, stated he was
45 formerly from Yugoslavia and came here 35 years ago. People have to respect
46 each other. Privacy and peace are important. People should talk and get involved
47 with their neighbors. The regulations should be more flexible, diplomatic, and
48 simpler. Respect those who are less fortunate, disabled, or older.
Regular County Council, 10/10/2000, Page 14
1
2 Jack Johnson, All Auto Service and Towing, Guide Meridian, stated that he
3 started his business as a cottage industry. They are no longer there because
4 they've moved up. He now has 22 employees. He also has a lot of great neighbors
5 that have cottage industries. Whatever is decided needs to be followed through.
6 He is being taxed to death as a small business. He couldn't afford to remain as a
7 cottage industry. There needs to be enforcement against people who are operating
8 a business without a business license.
9
10 Nate Kronenberg, 2351 E. Pole Road, Everson, stated rural Whatcom County
11 is a jewel in the crown of the Pacific Northwest. For the past 25 years, he's lived
12 here and enjoyed this lifestyle. Over the past ten years, they've seen a reduction
13 in preserved rural lands, in spite of the Comprehensive Plan. The Planning
14 Commission is encouraging the industrialization of rural lands, by recommending
15 expanded uses for Rural Residential, Agricultural, and Forestry lands. This severely
16 threatens the rural lifestyle that has been the hallmark of Whatcom County. He
17 urged the County Council to hold the line on urbanization and urban sprawl, as
18 required by the Growth Management Plan. There are alternatives for business
19 ventures in small towns and crossroads locations specifically zoned for these
20 operations. The revised plan submitted this evening by Sylvia Goodwin is a good
21 one. An administrative approval for cottage industry does not allow neighbors a
22 public voice on a variety of concerns that may arise from establishing a business in
23 a rural neighborhood. A conditional use hearing is more appropriate. The Hearing
24 Examiner could be relied on to make a proper judgement.
25
26 Tony Veldhuizen, 2694 Grandview Road, Ferndale, stated they don't need
27 more regulation and government control. A conditional use permit is no good when
28 it has 25 or 30 requirements on it. He has a troublesome neighbor. The only time
29 the County does anything is when his neighbor calls. He questioned how the
30 Council is going to enforce the regulations. It is very hard to deal with all the
31 regulation. Government needs to work for the people. The people are the
32 government. The councilmembers are supposed to work on the behalf of the
33 people. He has an auto repair and towing business. County enforcement staff told
34 him it would be wise for him to hire an attorney to defend himself from criminal
35 charges.
36
37 Nancy McClusky, 4984 Hannegan Road, stated she is a neighbor of a cottage
38 industry. The view from her home has changed into a parking lot and construction
39 rubble. It takes the County a long time to correct problems between cottage
40 industries and the neighbors. No one wants more regulation, but if neighbors
41 aren't protected from the beginning, they are the ones who lose out. Home value
42 goes down. It becomes a fight for a person's right to live in a residential area. The
43 hearing process should continue, not administrative approval. She feels like she
44 lives in an industrial park.
45
46 Pat Brady, 173 Kennedy Road, Point Roberts, stated the Council should
47 consider that the world is changing. People are tired of working for others and not
48 getting respect. The County's current revenue is 40 percent. Before imposing
Regular County Council, 10/10/2000, Page 15
1 more regulations that make it more difficult for people to operate businesses, they
2 might want to consider what brings in the tax dollars. He was not against
3 regulations, but the way they are worded and administered should be carefully
4 looked at because it affects many people.
5
6 Vivian Urban, stated she has small acreage and started her own business.
7 For those neighbors who don't like the view of their neighbors cottage industry, it's
8 possible to plant trees. They planted 300 trees at a minimal cost. She works
9 together with her neighbors as a community. Most people in her area have cottage
10 industries or home occupations. A person's home is his or her castle. A person
11 buys a home to do the things that he or she wants to do, without rules and
12 regulations. Things change. People must adjust and be considerate of the
13 neighbors. Make the rules reasonable and easy. It's possible to have cottage
14 industries in rural areas.
15
16 Peter Osvaldik, Haxton Way, stated he wasn't born in the United States.
17 They have all the rules and regulations, which remind him of the communist
18 country he escaped from. He didn't appreciate it. He asked the Council not to
19 paint every small business with a broad brush. Not every business is the same or
20 operates in ways that impose on the neighbors. Not every business is opposed by
21 its neighbors. It is more economical to take care of the complaints rather than redo
22 the requirements over everyone. He questioned whether there are that many
23 complaints that can't be solved between neighbors and businesses and that require
24 imposing many regulations on every single business. There is a fee for everything,
25 on top of business and property taxes. There is a limit that small business owners
26 can afford. Take care of the actual problems instead of imposing restrictions on
27 everyone else. Don't fix what's not broken.
28
29 Jonathan Grant, 803 Halleck Road, Bellingham, stated he owns three
30 businesses. His work involves the County. He is a general contractor that focuses
31 on repairs and remodels. He also has a flag and flagpole business and a private
32 franchise. In the definitions in WCC 20.97.087, subsection (8) should be broadened
33 and relaxed a bit. Subsection (9) should be completely relaxed. There is a noise
34 variance in the regulation. If people comply to the noise variance and traffic
35 patterns, it would allow businesses to operate after the normal working hours.
36 Subsection (10) would mean that every business would be forced to comply with
37 accessibility requirements. That is often not practical to a specific business.
38
39 Hoag asked how broad subsection (8) should be. Grant stated it limits the
40 sales activity to things that are manufactured or repaired. He didn't understand
41 why other things could be sold.
42
43 Brenner questioned whether cottage industries are required to be accessible
44 according to the Americans with Disabilities Act (ADA).
45
46 Sam Ryan, Building Services Manager, stated ADA doesn't discriminate on
47 what types of businesses must be accessible. It is a state and federal requirement.
48 The size of the business doesn't matter. If one has a home occupation, is self-
Regular County Council, 10/10/2000, Page 16
1 employed, and is not doing any remodeling, then the location does not have to be
2 accessible. If one is changing a use from a home occupation to a cottage industry,
3 then the location has to be accessible.
4
5 Hoag questioned whether the County has any choice in that. Ryan stated
6 they do not. It is state and federal law. They do use some common sense, and
7 look at new construction versus remodeling and what is most practical, but it is
8 required.
9
10 Rita Foley, S. Lake Whatcom, stated she didn't agree with the Planning
11 Commission or Commission member Dick Gilda. She loves her government and
12 supports cottage industries. This is a country of free and private enterprise. The
13 County Council needs to take control of the Planning Commission. Certain
14 businesses are not for every neighborhood. Certain things would work in her
15 neighborhood and certain things wouldn't. She is in the Lake Whatcom watershed.
16 Governments make mistakes, but they need the government. The most important
17 thing in her life is the Constitution first, and then the local government. The people
18 at Planning and Development Services have horrible jobs and are taking a lot of
19 complaints, but they are doing the best they can.
20
21 Jim Miller, 561 E. Laurel Road, Bellingham, stated the county people are very
22 independent, hard - working people who believe in the American dream. There
23 should be minimal government to assist but not to detour. Cottage industry is
24 about people who want to be legal in their endeavor by working through the
25 system. People should be encouraged to do that, not discouraged. When he
26 moved to his home on Laurel Road, he had to deal with two gravel pits, but they
27 were there before he was and he dealt with it. Keep regulations simple. Neighbors
28 need to be good neighbors. Neighbors are apt to pick up a phone and call a
29 regulatory agency before going to talk to the neighbor. He hoped to have a cottage
30 industry one day.
31
32 Ron Roosma, 4977 Wall Road, stated he was speaking as private citizen, not
33 as a Planning Commissioner. They didn't have very many complaints to the County
34 over the last two years. All but one complaint were easily resolved. Section
35 20.97.087(7) would eliminate welding shops. One couldn't buy and assemble steel
36 under that definition. That is where they come up with the 10,000 pound limit.
37
38 Joe Stevens, 5381 Waschke Road, stated not many people in a home
39 occupation or cottage industry begin their day at 7:00 a.m. or 8:00 a.m. Most
40 people are up at 5:00 a.m. or 6:00 a.m. Many of them work until 10:00 or 11:00
41 p.m. to make ends meet and pay for the regulation. Look at the businesses in the
42 industrial areas and find out how many started as a cottage industry. Many major
43 employers in the county, who made hundreds of thousands of dollars in taxes,
44 would never have gotten off of the ground under these regulations. The regulations
45 need to be relaxed so people can start a business. Not everyone works for a tax -
46 funded agency. The hours of operation affect everyone from the Avon lady to the
47 more major manufacturers.
48
Regular County Council, 10/10/2000, Page 17
1 Gene Goldsmith, 5840 Church Road, Ferndale, referenced the Declaration of
2 Independence and the Constitution. In the Declaration of Independence, there
3 were 18 charges against the King of England. Read them before taking action on
4 the ordinance. The Constitution limits government and unlimits individual freedoms.
5 They are talking about the right to do what they want to do under limited
6 government.
7
8 Richard New, Canyon Lake Road, stated he hates regulations. They are
9 hearing a lot of comments from business owners. Instead of giving them three
10 minutes to speak, invite them to a Council work session and get their input.
11
12 Steve Bosman, 539 E. Smith Road, stated he moved to his home 12 years
13 ago. He's had a home business for that time without any complaints from his
14 neighbors. People are living in fear that their way of making a living can be wiped
15 out with a stroke of a pen. The home based business definition should be
16 broadened to include more of what is out there in the county. He didn't want to be
17 forced to go from a home occupation into a cottage industry. His property had a
18 shop when he moved to it. He hasn't expanded it. If he were to comply, he would
19 have to build a bathroom in his shop. He's happy with the lifestyle he is living.
20
21 Joe Elenbaas, 5261 Defiance Drive, stated his road is so named because he
22 had to defy the County's worse - case - scenario regulations for three years to do what
23 the County was supposed to allow him to do in 90 days. That is what they are
24 facing. This is very simple. This is no different than a family decision. Yes, people
25 have complained and their complaints may be reasonable. That there may be some
26 minor changes that are necessary, but the current regulations are satisfactory. All
27 the County needs to do is enforce the laws that are there. The Planning
28 Department inspector specifically said that they allow those types of things to go on
29 because they don't have the time to do enforcement. He lives next to Mr. Bosman,
30 who is an excellent neighbor. There are hundreds of homes between the Guide
31 Meridian and the Hannegan Road along Smith Road. More than one in four of those
32 homes have things that qualify as home occupations or cottage industry. Be
33 practical. They don't need to make any changes. The regulations the County has
34 now are already over - reaching.
35
36 Richard Gilda, Jensen Road, Bellingham, stated the planning staff has taught
37 him the word "predictability." Part of permitting involves public water.
38
39 (Clerk's note: End of tape two, side A.)
40
41 Gilda continued to state that they needed to explain what a legal cottage
42 industry is. He wants to be legal because he is in a gray area and might be a
43 nonconforming use. If he doesn't have a nonconforming use permit, even though
44 he's been in business since 1965, he would not be legal. Anyone who's been in
45 business since before 1972 cannot get a nonconforming use permit. They need to
46 define the difference between a hobby and a business. A person could do car
47 restoration for a hobby, but if he sells two per year, it is a business. He disagreed
48 with Sam Ryan regarding ADA. He talked to the federal and state ADA people.
Regular County Council, 10/10/2000, Page 18
1 They both told him that business with eight or more employees are required to
2 comply to ADA according to state law. The federal law takes over at 15 employees.
3 The ADA requirement in the ordinance was added on by the County staff. He
4 suggested holding this item for a month to have a cooling off period and also to
5 involve the new Planning and Development Services director.
6
7 Hoag asked where the ordinance involved changed water. Gilda stated that
8 when one tries to get a conditional use permit, if that person has one employee or
9 has anyone come on the property for public use, all the water in the house has to
10 be tested and be public water, not bottled or non potable water.
11
12 Hoag stated that Mr. Gilda was saying that the conditional use permit
13 regulations have a water requirement. The recommendations before the County
14 Council remove a lot of the conditional use permits and makes them administrative
15 approval uses. There are not changes in the proposed ordinance that would require
16 someone to get water unless it's required under another law. She wanted to make
17 it clear they are not adding that requirement.
18
19 Gilda stated sections 20.97.087(10) and 20.97.180(10) say that if a person
20 is going to be in business, he or she has to meet all the requirements.
21
22 Hoag stated the section says the person only has to meet building and fire
23 code requirements.
24
25 Gilda stated that the Health Department does not read it that way.
26
27 Hoag stated that is not a change they are making here.
28
29 Nelson stated they could have this debate in the work session, not during the
30 public hearing.
31
32 Hearing no one else, Dawson closed the public hearing.
33
34 Brenner moved to leave the written record open for two weeks for additional
35 written comment.
36
37 Nelson encouraged everyone to attend the work sessions.
38
39 McShane stated there would be a work session the next day for other items
40 that are time sensitive, but they may discuss this issue. These comments have
41 helped enormously.
42
43 Hoag encouraged the members of the public to read the ordinance. Many of
44 the comments during the public hearing appear to be based on information they
45 were told, rather than the ordinance itself. The Council is seeking to encourage
46 cottage industry, but are trying to balance it with protection for the neighbors.
47 Regarding addressing the issues by only addressing the complaints, if one doesn't
48 have any legal basis for addressing those complaints then there is nothing the
Regular County Council, 10/10/2000, Page 19
1 neighbor can do. She was very much interested in encouraging cottage industry.
2 One of the suggestions is to change a conditional use requirement to an
3 administrative approval process. However, they also want to protect people in their
4 own homes.
5
6 Motion carried unanimously.
7
8 (Clerk's Note: Council took a short break at approximately 9:30 p.m.)
9
10
11 CONSENT AGENDA
12
13 Nelson reported for Finance and Administrative Services Committee and
14 moved approval of items one through three.
15
16 Brenner questioned whether they were sure they were going to keep the
17 public safety building.
18
19 Dewey Desler, Deputy Administrator, stated the boilers are in the
20 courthouse. The public safety building is the County jail.
21
22 Motion carried unanimously.
23
24 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #00-
25 76 TO THE LOWEST RESPONSIVE BIDDER, BLYTHE PLUMBING &
26 HEATING, INC. FOR THE INSTALLATION OF REPLACEMENT HOT
27 WATER HEATERS IN THE PUBLIC SAFETY BUILDING FOR A TOTAL
28 AMOUNT OF $92,748.68 (AB2000 -352)
29
30 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
31 CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
32 DEPARTMENT OF ECOLOGY /STATE OF WASHINGTON CONSERVATION
33 CORPS ON BEHALF OF THE NOOKSACK SALMON ENHANCEMENT
34 ASSOCIATION FOR WORK INCLUDING RIPARIAN NATIVE PLANT
35 ESTABLISHMENT, PLANT MAINTENANCE, ASSISTANCE WITH SALMON
36 STOCKS AND OTHER ASSOCIATED PROJECTS, IN THE AMOUNT OF
37 $50,000 (AB2000 -353)
38
39 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
40 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY HEALTH AND
41 HUMAN SERVICES DEPARTMENT AND CASCADE VOCATIONAL
42 SERVICES — INDIVIDUAL EMPLOYMENT TO PROVIDE PLACEMENT
43 AND FOLLOW -UP SERVICES TO ASSIST PERSONS WITH
44 DEVELOPMENTAL DISABILITIES TO OBTAIN AND CONTINUE
45 EMPLOYMENT IN COMMUNITY SETTINGS, IN THE AMENDED AMOUNT
46 OF $6,606, FOR A TOTAL AMENDED CONTRACT AMOUNT OF $56,354
47 (AB2000 -354)
48
Regular County Council, 10/10/2000, Page 20
1
2 OTHER ITEMS
3
4 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #00-
5 93 TO THE LOWEST RESPONSIVE BIDDER, KENWORTH NW, TO
6 PURCHASE A REPLACEMENT TEN -YARD DUMP TRUCK FOR USE BY
7 WHATCOM COUNTY PUBLIC WORKS ER &R IN THE AMOUNT OF
8 $109,930.68 (AB2000 -329)
9
10 Nelson reported for Finance and Administrative Services Committee and
11 stated this item was held in committee two weeks ago. He moved approval.
12
13 Hoag stated they are talking about one truck. She questioned whether the
14 cost per year, $1,513,000, was the total through September.
15
16 Nelson stated that total was of all the money the County uses for rental.
17
18 Hoag questioned how many trucks are being used at a time.
19
20 Dick Prieve, Assistant Director of Operations, stated it depends on the job
21 that the crews are doing. A lot of the work the County contracts out is heavily
22 truck - oriented, such as hauling asphalt and rock.
23
24 Hoag questioned whether, in general, they are sending one truck or more
25 than one truck to a job. She questioned what the $1.5 million represents. Prieve
26 stated that number represents the pre -level work the County has done so far this
27 year. The County had five contracts, and all of them went to Wilder Construction
28 as the low bidder. All of that work was for asphalt work, which the County
29 contracts out. Wilder Construction has many trucks they use for hauling.
30
31 Nelson stated that at that same time, all the County's trucks were being
32 used. Prieve stated that was correct. They may use three trucks to put in a culvert
33 at the same time they have the summer chip -seal program going, which uses the
34 remainder of the trucks.
35
36 Hoag asked how much of the contracting cost would be displaced if they
37 purchase the cost. Prieve stated none of the contracting cost would be displaced.
38
39 Brenner stated it seemed as if it costs a lot of money to contract the truck
40 and driver, compared to buying the truck for in -house use. Contracting out a truck
41 includes the driver. He questioned whether the County's cost amount includes the
42 maintenance and operator cost. Prieve stated the County's cost does include those
43 features. This is a replacement truck.
44
45 Motion carried unanimously.
46
47 2. RESOLUTION AMENDING RESOLUTION 2000 -013 BY ADDING A
48 PROJECT TO THE PRIORITIZED LIST OF WHATCOM COUNTY
Regular County Council, 10/10/2000, Page 21
1 PROJECTS FOR THE WASHINGTON COMMUNITY ECONOMIC
2 REVITALIZATION TEAM (WA -CERT) (AB2000 -049A)
3
4 Dawson stated there is a second application requesting to be added to the
5 bottom of the list.
6
7 Nelson reported for the Finance and Administrative Services Committee and
8 moved approval of the resolution adding the application for the Lynden
9 revitalization project.
10
11 Hoag stated the WA -CERT is supposed to replace displaced timber workers.
12 The revitalization of downtown Lynden is great, and she supported it, however it
13 isn't appropriate for WA -CERT.
14
15 Dawson questioned whether Councilmember Hoag believes that many
16 displaced workers go into the construction industry.
17
18 Nelson stated it is up to WA -CERT on whether or not they grant funds.
19
20 McShane stated they are not ranking the project, but including it at the
21 bottom of the list. It is probably a stretch for the project to get the dollars, but it
22 isn't the County Council's obligation to turn down or accept a WA -CERT grant
23 application. It's the County Council's obligation to rank the projects. Hopefully,
24 when the County Council does the ranking next year, they will carefully rank the
25 WA -CERT projects.
26
27 Hoag stated this is for timber - impacted communities, which Lynden isn't.
28 Question eight questions whether a project is a documented countywide or tribal
29 numeric priority. A project doesn't become a numeric priority unless the County
30 chooses to do that. This project doesn't qualify for WA -CERT unless the County
31 Council agrees that it should be a WA -CERT project.
32
33 Brenner stated there are loggers who log in the mountains and who live in
34 Lynden. Her husband lived in Bellingham when he logged. Creating jobs anywhere
35 in the county, especially in the eastern part of the county, is important. When the
36 County Council gets all the projects in, it may rank this low on the list. The more
37 things the County has on its list, the better off they are.
38
39 Nelson stated it is not just for displaced loggers. It is also to alleviate
40 impacts from loss of revenues due to that displacement.
41
42 Motion to approve the resolution carried 5 -1 with Hoag opposed.
43
44 Nelson moved to add the Point Roberts wastewater treatment system project
45 to the bottom of the list.
46
47 McShane suggested putting it at the bottom of the list, after the Lynden
48 project.
Regular County Council, 10/10/2000, Page 22
1
2 Nelson accepted McShane's friendly amendment to place this project last on
3 the list, after the Lynden project.
4
5 Motion carried 5 -1 with Hoag opposed.
6
7 3. RESOLUTION DECLARING INTENT TO ACCEPT A PORTION OF JUDY
8 WAY AS A COUNTY ROAD, DECLARING THAT SUCH ESTABLISHMENT
9 IS A PUBLIC NECESSITY, AND DIRECTING COUNTY ROAD ENGINEER
10 TO REPORT TO COUNCIL UPON THE PROJECT (AB2000 -355)
11
12 Brenner reported for Public Works and Capital Projects Committee and
13 moved approval of the resolution.
14
15 Motion carried unanimously.
16
17 4. ORDINANCE ADOPTING NEW WHATCOM COUNTY LAND DIVISION
18 REGULATIONS (TITLE 21), REPEALING THE EXISTING WHATCOM
19 COUNTY SUBDIVISION REGULATIONS (TITLE 21), AND MAKING
20 MINOR MODIFICATIONS TO TITLE 2 AND TITLE 20 (AB2000 -160)
21
22 McShane reported for Planning and Development Committee and stated this
23 item was held in committee.
24
25 S. PLANNING COMMISSION RECOMMENDATION AGAINST CHANGES TO
26 THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20,
27 ADDING THE REVIEW AND RECOMMENDATION OF OPEN SPACE LAND
28 OR TIMBERLAND APPLICATIONS TO THE DUTIES OF THE HEARING
29 EXAMINER (AB2000 -340)
30
31 McShane reported for Planning and Development Committee and moved to
32 uphold the Planning Commission recommendations.
33
34 Motion carried 5 -1 with Crawford opposed.
35
36 6. RESOLUTION TO INITIATE AN EMERGENCY COMPREHENSIVE PLAN
37 AMENDMENT TO CONSIDER ESTABLISHING AN URBAN GROWTH
38 AREA AT SUDDEN VALLEY (AB2000 -315)
39
40 McShane reported for Planning and Development Committee and stated the
41 committee did not recommend approval.
42
43 Nelson stated he understood that they need to look at this through the
44 process. Sudden Valley is in a unique situation. Many of his constituents in Sudden
45 Valley have valid concerns about the roads, stormwater management, and the
46 ambiance of the community. The emergency is the same emergency they've been
47 discussing for five to ten years - Lake Whatcom water quality. They've also dealt
48 with the transfer of development rights and reducing densities. If the community
Regular County Council, 10/10/2000, Page 23
1 comes forward with a request because the members of that community feel they
2 can better resolve the problems and accomplish more to prevent degradation of the
3 watershed, that could be done through the comprehensive planning process. If
4 they are going to look at the request through the regular timeframe and ignore it
5 then, it is still an emergency. It is an important issue that they want to work on to
6 help the watershed. It's time the Council helps the community to do that.
7
8 Brenner stated that if it was proven that doing an emergency amendment
9 would assist in downzoning and making the watershed better, she would support it.
10 She couldn't image how they could make an incorporated city without making huge
11 impacts on the watershed or taxing the people who live there out of existence. She
12 asked to see the numbers that prove they could make a go of it. It isn't an
13 emergency. If the County Council approves the emergency, the County would be
14 required to do a lot of the work with public money, and they still may find out that
15 it doesn't happen. It should be up to Sudden Valley to come up with those first
16 numbers.
17
18 Nelson stated they have limited revenue now.
19
20 Brenner stated they are requesting something that would have a big impact.
21
22 Hoag stated the committee looked at the criteria for whether or not it is an
23 emergency. On that basis, the committee voted it down.
24
25 Dawson stated the criteria were open. She supported Councilmember
26 Nelson.
27
28 Nelson moved approval.
29
30 Motion failed 2 -4 with Nelson and Dawson in favor.
31
32 7. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT JERRY
33 LANDCASTLE, D. MITCH MUSSCUTT AND JOHN W. GAY TO THE
34 WHATCOM COUNTY APPEALS BOARD (AB2000 -351)
35
36 Brenner moved approval.
37
38 Motion carried unanimously
39
40 8. NOTIFICATION BY THE EXECUTIVE THAT THE PORT OF BELLINGHAM
41 HAS SELECTED PORT BOARD OF COMMISSIONERS SECRETARY
42 DOUGLAS SMITH AS THEIR REPRESENTATIVE ON THE RURAL
43 COUNTY SALES AND USES TAX ADVISORY COMMITTEE (AB2000 -357)
44
45 Nelson moved approval.
46
47 Motion carried unanimously.
48
Regular County Council, 10/10/2000, Page 24
1
2 INTRODUCTION ITEMS
3
4 Nelson moved to accept the Introduction Items.
5
6 Motion carried unanimously.
7
8 1. RECEIPT OF PROJECT PERFORMANCE AND COMPLETION REPORT TO
9 CTED GRANT — WHATCOM SELF -HELP HOMES, FOR LOW -COST
10 HOUSING (AB2000 -358) (HEARING TO BE SCHEDULED)
11
12 2. ORDINANCE AMENDING THE 2000 BUDGET, REQUEST #12 (AB2000-
13 359)
14
15 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CODE,
16 TITLE 20, CHAPTER 20.38, AGRICULTURE PROTECTION OVERLAY, TO
17 ENHANCE THE APO COMPLIANCE WITH THE GROWTH MANAGEMENT
18 ACT, THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE
19 COUNTY -WIDE PLANNING POLICIES; TO CLARIFY; AND TO ENHANCE
20 PROTECTION OF AGRICULTURE LANDS (AB2000 -356)
21
22 4. PUBLIC HEARING FOR POSSIBLE COMMUNITY DEVELOPMENT BLOCK
23 GRANT APPLICATION FOR THE KULSHAN LAND TRUST (AB2000 -362)
24
25 OTHER BUSINESS
26
27 Dawson stated Ben Hinkle spoke about HB 1146. She feels strongly about
28 upholding the Constitution. She was concerned about what is going forward. There
29 are 18 supporters on this bill. That is a large number of supporters. This is a
30 concern among the legislators.
31
32 Nelson stated there are more questions than there are answers. This
33 legislation requests withdrawal from the United Nations. That needs more
34 exploration. There are significant constitutional issues about an entity imposing
35 taxes upon a foreign country, but they do that anyway. We pay membership to the
36 United Nations. In effect, it is a tax to the citizens of the United States. He wasn't
37 sure that they would know what they are voting for if they support this resolution.
38 He agreed not to support any taxes from the citizens going directly to the United
39 Nations. It has to be a decision made by his representatives.
40
41 Dawson will get a copy of the House resolution and draft a letter if necessary.
42
43
44 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
45
46 Hoag stated she was just given a copy of the current issue of the Town and
47 County Tattler. There is an article about the Sumas Energy 2 plant. When the
48 Council was given an article from Mr. Rolle about the power situation in this county,
Regular County Council, 10/10/2000, Page 25
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she contacted Mr. Rolle about that information. Mr. Rolle suggested that she write
an article, which he would vedette through someone else, and then run her article
next to his. She took the time to do that. She detailed every source and all the
data and quoted the Wall Street Journal and science. The person who he submitted
her comments to found them to be not very valid, so he did not print them.
Brenner stated that happens to all of them. That's politics.
Nelson stated that the North Sound Regional Support Network (NSRSN)
selected its new director, Chuck Benjamin, who will leave his position with the
County.
McShane stated there is a work session the following day on Planning
Committee issues. The public is welcome. The Planning Committee had a work
session last week and forwarded the Capital Facilities chapter to the Public Works
committee. They will have to schedule a public hearing for one of the items.
Brenner stated she wanted the Planning Committee and Council to consider
expansion of what a home occupation is. She has two acres in a Rural Residential
one dwelling per one acre (RR1) zone. She could cut the property into two lots.
There was an amendment to the home occupation ordinance to allow it in a
separate building if there was enough area in the zoning to allow for two dwellings.
The home occupation definition has been narrowed so much that they are shoving
too many people into cottage industries, which is more onerous.
McShane stated there was a salmon summit on the following Friday. A
representative of the Department of Agriculture will be there.
Deliberations for Sumas Energy 2 by the Energy Facility Site Evaluation
Council (EFSEC) will begin on Thursday.
W -0-31
The meeting adjourned at 10:10 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on November 28 , 2000.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
Regular County Council, 10/10/2000, Page 26