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WHATCOM COUNTY COUNCIL
Regular County Council
September 21, 1999
The meeting was called to order at 7:00 p.m. by acting Council Chair Tom
Brown in the Council Committee Room, 311 Grand Avenue, Bellingham,
Washington.
Also Present:
Kathy Sutter
Connie Hoag
Barbara Brenner
Robert Imhof
ANNOUNCEMENTS
Absent:
Marlene Dawson
L. Ward Nelson
Brown announced that there was discussion in Committee of the Whole
regarding collective bargaining agreements.
APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR THE FOLLOWING MEETINGS: REGULAR
COUNTY COUNCIL FOR JANUARY 13, 1998, MAY 18, AND JULY 13,
1999; COMMITTEE OF THE WHOLE FOR DECEMBER 8, 1998, JUNE 29,
JULY 13, AND JULY 27 1999; COMPREHENSIVE PLAN PUBLIC
HEARING FOR MARCH 18, 1997 (A.M. AND P.M. SESSIONS)
Imhof moved approval of the minutes.
Hoag stated there were corrections to scrivener's errors distributed to the
councilmembers. She recommended approval of the minutes with the corrections
as they were distributed. Also, for clarification, the March 18 public hearings were
afternoon and evening sessions, not a.m. and p.m. sessions.
Imhof accepted Hoag's friendly amendment.
Motion carried unanimously.
Regular County Council Meeting, 9/21/99, Page 1
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OPEN SESSION
The following people spoke:
Rita Foley, S. Lake Whatcom, stated the County's stop work order sign
should be larger so it is readable and is clear what is going on. The Land Use
Manager, Roland Middleton, told a citizen to take down a stop work order from
property near her that should not have been taken down. Also, she asked for an
explanation regarding the item extending the contract for Owens Davies and
Mackie.
Brown stated Mr. Mackie has been the County's attorney in defense of the
County's Comprehensive Plan.
Foley stated there are enough attorneys in Whatcom County. Whatcom
County is growing too rapidly.
Lora Strobel, League of Women Voter's of Whatcom County, spoke against
spending money on attorneys outside of Whatcom County to defend the
Comprehensive Plan. The County attorneys should be playing that role.
Jackie Rossing, Acme General Store, stated they have had to call 911 for
help three times recently. In response to those incidents, it took 45 minutes to 10
hours to get a response. There is funding available to house a deputy in that area.
Hoag stated Rossing was correct. The Council funded a satellite station, but
it never happened.
Brenner stated she wanted to schedule the issue for the Public Works
Committee.
Dan McShane, 1451 Grant Street, Bellingham, stated Sandy Mackie has cost
the County approximately $400,000. The oral arguments recently presented in
Seattle were not compelling. The substance of the Comprehensive Plan has not
been the issue. The issue has been with procedural matters. It is ironic that the
Council is working on new development regulations for Lake Whatcom while they
are paying for an attorney to who has argued for more development in the Lake
Whatcom watershed.
Valene Lansberry, 2255 Yew Street Road, Bellingham, spoke against
spending County money on Sandy Mackie and fighting the Growth Management Act.
The County keeps raising taxes. The County needs to take care of the basics, such
as fire and police, and quit fighting the Growth Management Act.
Sutter stated the County is in court over these issues because the citizens
have put the County there. Almost every time, the County has been upheld in the
decisions they have made regarding this County and the kind of Growth
Regular County Council Meeting, 9/21/99, Page 2
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Management they would like to have here. To say the County is not complying with
Growth Management is a fallacy. They have done a great deal to comply with
Growth Management. They have been upheld by the courts in the decisions the
County has made regarding Growth Management. She didn't agree the County
needed to spend more money on outside attorneys, but the County has done
everything they could to comply with Growth Management and still give the citizens
of this County the lifestyle they would like to have.
Harry Skinner, 6600 Goodwin Road, Everson, stated they are preparing to
spend $1.4 million on restoring salmon habitat and streamsides. He hoped the
Council and Executive will realize the proper kind of leadership and foresight it
takes to prevent the degradation that caused this kind of expenditure.
LoisAnn Lee Shull, 1188 Bowman Road, Acme, presented a petition from the
Acme citizens requesting a sheriff deputy to patrol that area of the County. The
response time is slow.
Lois Garlick, Chuckanut Point, agreed with everything that has been said.
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and
moved approval of items one through 23, except items 12, 18, and 22, which he
removed for consideration.
Brown stated item 22 is to be rescheduled.
Brown withdrew item number two from the Consent Agenda.
Motion to approve items one, three through 11, 13 through 17, 19 through
21, and 23 carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH THE GOVERNOR'S SALMON RECOVERY OFFICE FOR
THE ESA INFRASTRUCTURE PROJECT, IN A TOTAL AMOUNT OF
$155,000 (AB99 -334)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH THE GOVERNOR'S SALMON RECOVERY OFFICE FOR
THE FISHERIES ENFORCEMENT ENHANCEMENT PROJECT, IN A TOTAL
AMOUNT OF $110,825 (AB99 -335)
Brown stated there were concerns regarding off -road vehicle (ORV)
enforcement on salmon streams. As long as the County is funding fisheries
enforcement officers, the Council should give direction to monitor the ORV action in
that area. They are doing things in the streams and the County stands a chance of
losing access to 15,000 acres of public lands. He asked for consent from the
councilmembers for enforcement.
Regular County Council Meeting, 9/21/99, Page 3
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The Council concurred.
Brown moved to approve this item, with the expectation there will be more
enforcement activities.
Motion carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH THE GOVERNOR'S SALMON RECOVERY OFFICE FOR
THE CHINOOK DETENTION POND PROJECT, IN A TOTAL AMOUNT OF
$67,000 (AB99 -336)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT TO PROVIDE NATIVE PLANT MATERIAL FOR
RIPARIAN VEGETATION, THROUGH THE GOVERNOR'S SALMON
RECOVERY OFFICE FOR THE RIPARIAN ESTABLISHMENT
RESTORATION PROJECT IN THE FEDERALLY FUNDED AMOUNT OF
$19,410 (AB99 -337)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #99-
86 FOR THE ELECTRICAL LIGHT FIXTURE UPGRADE IN THE PUBLIC
SAFETY BUILDING, TO ELITE ELECTRICAL, THE LOWEST RESPONSIVE
BIDDER, IN THE AMOUNT OF $49,040.38 (AB99 -338)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO THE
WASHINGTON COUNTIES RISK POOL MEMBERSHIP COMPACT
AGREEMENT TO COOPERATIVELY MANAGE AREAS OF LIABILITY
EXPOSURE (AB99 -339)
Brown asked for clarification about a question that came up during
committee regarding this item.
Dewey Desler, Deputy Administrator, stated Grays Harbor County is included
in the compact. Property is not covered.
Brenner asked about the time frame the County is committed to. Desler
stated there is no end date to the compact. If the County didn't want to be
included any longer, then they would have to approach the group and drop out.
The compact is approved by all the members. It sets standards for how they are
going to approach risk management and how they are going to approach claims
administration in their respective counties. They can expect that all the other
member counties involved in the risk pool will be doing the same thing because
they are also signing up on this contract.
Brenner asked if they could stay in the risk pool if they aren't in the compact.
Desler stated he believed they needed to sign the compact if they are going to stay
in the risk pool.
Regular County Council Meeting, 9/21/99, Page 4
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Brenner stated she wanted to know for sure before they sign anything. She
wasn't comfortable signing something that was open -ended and they can't get out
of.
Hoag stated there were several contracts that all had termination clauses.
She questioned whether they could add language to this item and bring it back next
week. Desler stated they could do that.
Hoag stated it needs a specific timeframe and a process to withdraw from the
contract.
Imhof stated it is not a binding document. It sets the standard in which the
risk pool works at this time.
Brenner stated it is a legal document.
Hoag moved to reconsider the Consent Agenda vote and remove this item.
Brown believed they were covered in the compact. Anytime the County
chooses to drop out of the risk pool, they can.
Motion to reconsider item #6 failed 2 -3 with Hoag and Brenner in favor.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERAGENCY WORK ORDER CONTRACT BETWEEN WHATCOM
COUNTY AND VANGARD NORTHWEST TO PROVIDE FUNDING FOR
PREVOCATIONAL EMPLOYMENT SERVICES FOR DEVELOPMENTALLY
DISABLED CLIENTS IN THE AMOUNT OF $167,470 (AB99 -340)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND VANGARD
NORTHWEST TO PROVIDE FUNDING FOR INDIVIDUAL EMPLOYMENT
SERVICES FOR DEVELOPMENTALLY DISABLED CLIENTS, IN THE
STATE AND FEDERAL REVENUE SOURCES AMOUNT OF $30,930
(AB99 -341)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND
NORTHWEST INDUSTRIES TO PROVIDE PREVOCATIONAL
EMPLOYMENT SERVICES FOR DEVELOPMENTALLY DISABLED
CLIENTS, IN THE STATE AND FEDERAL REVENUE SOURCES AMOUNT
OF $162,970 (AB99 -342)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
WASHINGTON STATE DEPARTMENT OF HEALTH, TO PROVIDE
FUNDING FOR NURSING SERVICES, ENVIRONMENTAL HEALTH
SERVICES AND THE PUBLIC HEALTH IMPROVEMENT PLAN'S LOCAL
CAPACITY DEVELOPMENT DOLLARS, IN THE AMENDMENT AMOUNT OF
$73,316, FOR A MAXIMUM CONSIDERATION NOT TO EXCEED
Regular County Council Meeting, 9/21/99, Page 5
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$770,553 (AB99 -343)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND STATE OF
WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES, TO
PROVIDE VOCATIONAL REHABILITATION SERVICES FOR
APPROXIMATELY 20 PERSONS WITH DEVELOPMENTAL
DISABILITIES, IN THE AMOUNT OF $30,000 (AB99 -344)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ST. JOSEPH HOSPITAL
RECOVERY CENTER, TO PROVIDE SUBSTANCE ABUSE TREATMENT
SERVICES FOR TWO YEARS, IN THE FEDERAL AND STATE FUNDING
SOURCES AMOUNT OF $1,618,915 (AB99 -345)
Imhof stated there is a correction on the contracted amount. It should be
$1,617,915. He moved approval as corrected in all the appropriate places.
Motion carried unanimously.
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERAGENCY WORK ORDER CONTRACT BETWEEN WHATCOM
COUNTY AND THE DIVISION OF ALCOHOL AND SUBSTANCE ABUSE,
TO PROVIDE FOR SUBSTANCE ABUSE TREATMENT AND CHEMICAL
DEPENDENCY PREVENTION SERVICES, IN THE FEDERAL AND STATE
FUNDING SOURCES AMOUNT OF $2,222,950 (AB99 -346)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PALIDOR RADIO
COMMUNICATIONS CONSULTANTS, LTD., TO PROVIDE AN
EMERGENCY COMMUNICATIONS AND RADIO EQUIPMENT STUDY FOR
WHATCOM COUNTY IN THE AMOUNT OF $61,300 (AB99 -347)
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INSURANCE RENEWAL CONTRACT TO PROVIDE FOR MARINE
COVERAGE FOR THE WHATCOM CHIEF FERRY (AB99 -348)
16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN
WHATCOM COUNTY AND INTER FLUVE, INC. TO COMPLETE PHASE 2
OF THE ALTERNATIVES IDENTIFICATION AND ANALYSIS OF CANYON
CREEK, IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $21,920,
THE CONTRACT AMOUNT OF PHASE 2 BEING $11,945 (AB99 -349)
17. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
WHATCOM CONSERVATION DISTRICT REGARDING SALMON
Regular County Council Meeting, 9/21/99, Page 6
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RECOVERY UNDER ESHB 2496, PROVIDING FOR THE DISTRICT TO
PARTNER WITH THE COUNTY, IN THE AMOUNT OF $110,000 AND THE
COUNTY TO PROVIDE IN -KIND SERVICES IN THE AMOUNT OF
$80,000, FOR A TOTAL GRANT AGREEMENT OF $190,000 (AB99 -350)
18. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
JOINT FUNDING AGREEMENT BETWEEN WHATCOM COUNTY AND THE
U. S. BUREAU OF RECLAMATION TO PERFORM AERIAL MAPPING OF
LAKE WHATCOM, FOR A TOTAL CONTRACT AMOUNT OF $99,769 WITH
A COUNTY SHARE OF $74,769 (AB99 -351)
Imhof stated there was a motion to amend the Letter of Purpose, on page
336, second line from the top, "Landowners
He so moved.
Brenner stated this letter went out two months ago.
Sutter stated they need to send a letter of clarification to the Bureau of
Reclamation.
Imhof stated it is an inflammatory statement and doesn't need to be in the
document.
Sutter moved to send a letter to the Bureau of Reclamation pointing out the
inaccuracy of that statement and asking that it please be removed from their
documents.
Imhof accepted the friendly amendment.
Hoag proposed a friendly amendment, "Some landowners near this lake are
very opposed..."
Imhof did not accept the friendly amendment.
Brenner proposed another friendly amendment, "Some landowners near this
lake are very opposed to land development, while others favor it."
Imhof did not accept the friendly amendment.
Sutter stated that any statement of the preferences of the residents is
inappropriate.
Brenner stated that sentence leads into the next sentence about easing
tensions of the landowners.
Sutter stated it still works.
Regular County Council Meeting, 9/21/99, Page 7
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Hoag stated it is a ridiculous waste of postage and staff time.
Brenner proposed another friendly amendment, "Some landowners near this
lake are very opposed to land development; others support it."
Imhof did not accept the friendly amendment.
Hoag proposed another friendly amendment, "Development around the lake
is a controversial issue."
Imhof did not accept the friendly amendment.
Sutter called for the question.
Motion failed for lack of a majority of the Council, 3 -2 with Hoag and Brenner
opposed.
Brenner moved to replace that sentence with, "Some landowners near this
lake are very opposed to land development; others support it."
Motion failed 2 -3, with Hoag and Brenner in favor.
Imhof moved to approve item 18 without any amendments.
Motion carried unanimously.
19. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROPOSED AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT THAT PROVIDES FOR MONITORING THE DAVIS-
RIVERBERRY AND VANDELLEN PROJECT AS REQUIRED BY THE U.S.
ARMY CORPS OF ENGINEERS PERMIT REQUIREMENT, IN THE TOTAL
CONTRACT AMOUNT OF $171,151, WITH THE AMENDMENT AMOUNT
OF $84,722 (AB99 -352)
20. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
DEPARTMENT OF ECOLOGY TO PROVIDE FOR A RIPARIAN
RESTORATION AND WATER QUALITY PROJECT FOR THE FY 2000
FUNDING CYCLE, SAID GRANT AGREEMENT TO BE NEGOTIATED
PRIOR TO AUGUST 17, 2000, IN AN AMOUNT UP TO $250,000 (AB99-
353)
21. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AS LEAD ENTITY
UNDER ESHB 2496 AND THE WASHINGTON STATE DEPARTMENT OF
FISH AND WILDLIFE TO FUND A SALMON RECOVERY PROJECT, WITH
FUNDING IN THE AMOUNT OF $110,000, AND COUNTY IN -KIND
Regular County Council Meeting, 9/21/99, Page 8
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SERVICES IN THE AMOUNT OF $80,000, FOR A TOTAL GRANT
AMOUNT OF $190,000 (AB99 -354)
22. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
LUMMI INDIAN BUSINESS COUNCIL FOR THE LUMMI SHORE
ROAD / LUMMI VIEW DRIVE RESTORATION PROJECT PHASE IV, WITH
THE COUNTY'S SHARE IN THE PROJECTED AMOUNT OF $600,000
(AB99 -355)
This item was withdrawn by Public Works staff and rescheduled to the
September 28, 1999 County Council meeting.
23. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO GRANT
SPENDING AUTHORITY TO THE SHERIFF'S OFFICE TO PURCHASE A
MULTI - APPLICATION COMMAND VEHICLE WHICH HAS BEEN FUNDED,
IN LARGE PART, FROM FEDERAL LOCAL LAW ENFORCEMENT BLOCK
GRANTS, IN THE TOTAL PRICE OF $144,855.43, AND THE COUNTY
ER &R AMOUNT OF $30,556.93 (AB99 -356)
PUBLIC HEARING
1. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #99 -1 (AB99 -302A)
Debbie Hayes, Whatcom County Treasurer Revenue Deputy, gave a staff
report and stated these are tax title properties acquired through previous
foreclosure. This provides an opportunity to get them back on the tax roles.
item.
Imhof stated he had a discussion regarding procedure with a citizen on this
Brown opened the public hearing and the following people spoke:
Virginia McAlpine, citizen, stated she was interested in a piece of property on
the list. There was a series of misunderstandings and misplaced paperwork in 1977
that did not get recorded correctly on the tax roles. It is a piece of an easement
that was granted from the former property owner to the property owners who
purchased parcels from him. It is a piece that abuts the water association property.
Each of the property owners purchased from the original owner. When the property
was finally all sold, the easement and the well property were quitclaim deeded to
the property owners. Each property owner owned a piece in common. This piece
that abuts the water association property was not recorded. The piece is 30 feet by
80 feet in size. The acreage is not correct on the tax roles. She wanted to clear up
the old paperwork and re- purchase the property, if necessary.
Brenner asked if the Council needed to make any changes. The acreage of
the land is recorded incorrectly.
Regular County Council Meeting, 9/21/99, Page 9
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Hayes stated they would have to take it up with the Assessor's office.
McAlpine stated she had talked about it with the Assessor. They agreed the
math was incorrect. They were going to go back to the Assessor that filed the
record and check on that.
Brenner suggested they hold the item until it is straightened out.
Hoag asked if they could straighten out the records if the Council approves
releasing the property.
Brown stated he would like to do that, rather than make her wait.
Karen Frakes, Senior Civil Deputy Prosecutor, stated the County is okay if the
legal description is okay.
Imhof stated the property is about half the size that it is recorded as. The
bid price may need to reflect the smaller size. They could approve it with a smaller
minimum bid.
Hayes stated the minimum bid is the amount of foreclosure costs incurred,
not the assessment of the property.
Frakes stated the bid price doesn't reflect the size of the property.
Hearing no one else, Brown closed the public hearing.
Hoag moved to approve the resolution.
Motion carried unanimously.
2. RESOLUTION TO SELL TAX TITLE PROPERTY BY PUBLIC AUCTION,
REQUEST #99 -2 (AB99 -303A)
Debbie Hayes, Whatcom County Treasurer Revenue Deputy, gave a staff
report and stated this item is the same as the item above. The Mt. Baker Rim
Community Club had put in a bid to purchase the properties as a group.
Brown opened the public hearing and the following people spoke:
Bob Hungerschaefer, Mt. Baker Rim Community Club Treasurer, stated the
properties used to be a part of the Rim Association, but were destroyed in the
floods in the early 1990's. This is just a bookkeeping cleanup to get them off the
County roles and put them back into the Association as common property with zero
value.
Hearing no one else, Brown closed the public hearing.
Imhof moved to approve the resolution.
Motion carried unanimously.
Regular County Council Meeting, 9/21/99, Page 10
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4. ORDINANCE GRANTING FRANCHISE TO BLACK ROCK CABLE, INC.,
FOR OPERATING AN OPEN VIDEO SYSTEM WITHIN WHATCOM
COUNTY (AB99 -319)
Jeff Monsen, Public Works director, gave a staff report.
(Clerk's Note: End of tape one, side A.)
Monsen stated the agreement was tailored after a recent agreement with the
City of Bellingham and Black Rock Cable. There are minor revisions. He suggested
the first person to testify should be the Black Rock Cable representative.
Brown opened the public hearing and the following people spoke:
John Cariss, Black Rock Cable, stated he has been involved in the cable
business for many years. An open video system is no different than a cable
television system. It was created in the Telecom Act of 1996 to help stimulate
competition in cable companies. U.S. Congress opened it up, but the franchise
must allow other people to provide services over the system. Other businesses
want to gain access to the closed cable television systems. The difference is they
must open up the system to folks who want to provide services over them. In
exchange, the government stripped away a lot of regulation regarding cable
television- oriented customer service issues. Black Rock attempted to negotiate a
franchise with the County, but the County was not willing to cut away some of the
regulation to make it easier for a small company to operate and compete with a
large company. It was impossible for them to meet all the conditions in the TCI
franchise agreement. The open system was much easier to create.
Brenner asked if the difference would be that they would allow other
businesses to use it. Cariss stated he would be actively seeking other businesses
and agencies who want to use it. If the County wishes, he will have to build a data
network for the County.
Brenner asked what the competition would say the downside would be.
Cariss stated he had a copy of Dan Crocker's comments to the City, and his own
responding comments. TCI had minor issues that were dealt with very quickly.
Some issues were procedural. The bulk of the comments were regarding the
reduced regulatory issues.
Hoag asked if there is any consumer protection that was removed from the
reduced regulation. Cariss stated there were a lot of areas that were removed. He
added in the contract that Black Rock would make every effort to obtain controls
such as obscenity, even though the County recognizes they have no legal
responsibility to do so. They can't be held responsible for obscene acts, but they
can hold other parties responsible. This is a very dicey issue right now. It is up in
the air when it comes to obscenity. They are not interested in broadcasting any
obscenity.
Regular County Council Meeting, 9/21/99, Page 11
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Hoag asked about parental control. Cariss stated that has also been
removed from the regulation, however if his consumers want certain services, then
he will provide them if the request is not unreasonable.
Hoag asked what makes something unreasonable. Cariss stated the cost of a
service makes it reasonable or not. Market forces will drive these services.
Brenner stated, in order to compete, they would have to put programs out
there, offensive or not. Cariss stated that was incorrect. He chooses the level of
programming. The market locations he will be interested in is for the areas with a
concentration of homes, which is rare in the County. They may need to run a line
around the City limits. They are going to get involved in providing fiber
communications to entities that want it.
Hearing no one else, Brown closed the public hearing.
Hoag stated she didn't like competition between one company who has
regulations and another company who doesn't have regulation, especially when
parental control regulations are removed.
Brenner stated if the company provides offensive material and the customer
doesn't like it, then the customer can move their business to another other
company. It would be different if that was the only service available. She liked the
idea of competition. There is less restriction, but there is less opportunity. They
will not be providing as many services as TCI.
Brown moved to approve the ordinance.
Motion carried 4 -1 with Hoag opposed.
3. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY TITLE
20 ZONING TO ADD CHAPTER 20.71, WATER RESOURCES
PROTECTION OVERLAY ZONE AND AMEND OTHER SECTIONS
PERTAINING TO LAND CLEARING AND STORMWATER REGULATIONS
(AB99 -286)
Sylvia Goodwin, Whatcom County Planning and Development Services
Planning Manager, gave a staff report and stated there was a public hearing on the
same issue during the last meeting. The ordinance is to protect the water quality of
the lake by limiting development. It includes limitations on clearing and
stormwater standards. The Committee of the Whole had a work session last week.
The Planning Committee took it up this afternoon and are N of the way through.
They plan to keep it in committee for another week. Generally they looked at golf
courses and cemeteries, which were kept as prohibited. Greenhouses are
recommended to be allowed with size limitations and water quality testing
requirements. Aquaculture and mariculture have been added. Fish ponds could be
allowed if approved by the State Department of Fish and Wildlife (DFW). There
were several other changes recommended by the Public Works Department
regarding gravel as an impervious surface. Private roads and fire lines are
encouraged to be gravel, but not required. There were stormwater regulations
Regular County Council Meeting, 9/21/99, Page 12
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added that stormwater detention facilities would be designed for the one -year
storm in addition to other storm events.
Brown clarified that the intention of the Council is not to vote on this item
this evening. Goodwin stated that was correct.
Brenner stated they received a written comment that this is a de facto
downzone. She understood that someone with a vested lot is allowed to develop if
they cannot meet these regulations. Goodwin stated they can get a variance. A lot
of record would also have to attempt to reduce impervious surfaces, according to
regulations.
Brown opened the public hearing and the following people spoke:
Rita Foley, S. Lake Whatcom, stated they should not allow nurseries in the
watershed. There is already a nursery that is illegal. They cut down all the trees
and use chemicals. The Council has been reducing the laws so they can't be
understood. People with small lots knew what they were buying. Let the buyer
beware. There are setback requirements and the County shouldn't allow someone
to have a variance.
Kurt Denke, citizen, asked if there will be another public hearing when this
returns to Council.
Brenner stated there would if there are substantial changes.
Hoag recommended they do have another public hearing when the changes
are done.
Knapp stated they could continue the public hearing to another time. If they
do have a new public hearing, they have to abide by notice requirements.
Denke stated they oppose the lot coverage requirements, as they relate to
the Rural Residential (RR) zones. Between clustering requirements, which result in
a plat having a lot of open space that isn't incorporated into lots, and a lot of lots
falling into configurations that are narrow and constrained, it would very easily
make a substantially large lot unbuildable if they impose an 80% open space
requirement on a lot. The purpose of the ordinance is to protect drinking water.
They should consider the burden of the regulations, which falls on landowners that
develop the land for the first time. They are not addressing the existing
development, which is causing the stormwater runoff problems. Addressing water
quality must include the stormwater from current development. The ordinance fails
to make a distinction between the various sub - basins of the lake. Lake Whatcom
consists of a series of basins. Basin One is separated by a shallow sill called the
Geneva Sill. The City's water intake is a mile upstream of the Geneva Sill. The
impact of stormwater in Basin One on drinking water quality is nil. This ordinance
makes no distinction between the various basins. His property drains into Basin
One. If drinking water quality is the issue, his property has no drinking water
impact. He asked the Council to reject the lot coverage requirements of the
ordinance for those reasons.
Regular County Council Meeting, 9/21/99, Page 13
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Ed Sinclair, 4121 Ridgewood Avenue, stated there is currently a large
amount of planned development in the watershed. Four projects include Summit
View, Cedar Hills, Birch Street, and new lots in Sudden Valley, that all equal over
1,100 homes. The quality of the water is already declining. Water quality can't be
improved by allowing more homes. There are existing traffic problems, and the
new homes would bring 1,600 cars to the area. There are no means of correcting
that problem. There are sewage problems in the area. This amount of
development will have to be corrected at great expense to taxpayers. There is no
other source of water. This ordinance allows future development. They should
limit construction.
Valene Lansberry, 2255 Yew Street Road, Bellingham, stated they need to do
more to protect the lake and not encourage any more development. It is
interesting that dry cleaners were prohibited, and yet thousands more homes could
be built. Also, the traffic is getting worse. Development does not pay for the
additional roads and schools that are required. Impact fees do not cover the costs.
Most other watersheds are protected to the extreme. They are fenced off. They
can't fence off the lake, but they can discourage any more activities that would
worsen the water quality.
Sherilyn Wells, Clean Water Alliance, 1020 Geneva, stated there is a
declaration by Bill McCourt, City of Bellingham Water Treatment Plant Manager,
that indicates there are new circulation studies of the Lake. There is more
circulation of Basin One into Basin Two than anyone ever imagined. Drainage into
Basin One can impact the City's water intake. The State Environmental Protection
Agency (SEPA) notice is critical to make this a legal proceeding. The SEPA notice
they are using was issued in November 1998. A public hearing was held regarding
development regulations on December 8, 1998. There was no Code relevant to
section 20.71, which is the overlay zone. Publication of a Determination of Non -
Significance (DNS) triggers an appeal period. That DNS was attached to a non-
existent document. The Council cannot use it for this item. It forecloses public
ability to impact the SEPA process. In addition, on page 11 of her testimony, she
and a local attorney contacted the State's leading SEPA authority, Dr. Richard
Settle. He told them this is one of the strongest cases for an argument for a
supplemental Environmental Impact Statement (EIS). She recommended the
Council not proceed in the absence of a supplemental EIS. The impervious surface
levels are extraordinarily high. One home per acre creates significant damage to
the lake. A single 5,000 square foot home on one acre would be 11 percent
impervious surfaces. The Council is proposing a 40 percent to 50 percent limit of
impervious surfaces and still, presumably, protect water quality. Dr. Richard
Horner testified before the Hearing Examiner on conditional use permit #98 -0031.
She referred the Council to that testimony, which said a stormwater system at
those densities would not be sufficient to protect the lake.
Hoag asked to extend Wells' comments.
Wells' stated she would attend the next Planning Committee meeting.
Richard Haard, Y Road, Fourth Corner Nurseries, stated it is possible to make
a clean containment nursery, in terms of sustainability. In any modern
containment nursery, they recycle the irrigation water. He was concerned that a
Regular County Council Meeting, 9/21/99, Page 14
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definition of a nursery could include intensive agriculture to forestry. He didn't
want the planners to attack his livelihood. He was also worried about shrubs. Turf
has runoff characteristics similar to asphalt. They should try to eliminate lawns.
Closed canopy shrubs and forest is more environmental.
Hoag asked about the buildup of salts when the irrigation water is recycled.
He stated the idea is to cut back on the fertilization if they are pumping the water
back over the plants again. They fix those salts as bio -mass and then send them
out as a product. In terms of personal sustainability, a person should be allowed to
do that.
Hoag asked if he used any fertilizers on his shrubs and trees. He stated he
begins with a slow release fertilizer to get the plants' root systems established.
After a plant is several years old, they no longer fertilize or irrigate.
Dick Gilda, Lake Whatcom watershed, read from his testimony (on file). He
asked if the proposed regulations were done with the information from the hired
consultants. The regulations affect the entire County.
(Clerk's Note: End of tape one, side 8.)
Gilda continued to state there should be restrictions on cottage industries,
kennels, and retail plant nurseries. They should prohibit aquaculture and
mariculture. The new changes do not help save the lake, only raise the cost to the
landowner. The reference against not maintaining vegetation prohibits someone
from mowing his or her blackberries or doing maintenance.
Hoag stated they addressed the kennels and stables. They included a
definition of an enclosure.
Brenner stated the ponds were only approved if they had State Department
of Fish and Wildlife approval.
Gilda stated they should put back in the word "enhancement" for the ponds.
Sutter stated threshold criteria for landclearing is under 5,000 square feet
and one doesn't have to have a review. This is clearing activities, not vegetation
maintenance. He needed to look at the definition of land clearing.
Brown stated exposed soil was the key to be able to allow mowing
blackberries.
Paul Isaacson, 204 Shallow Shores, Bellingham, stated he is a logging
contractor that owns several hundred acres in the watershed. He supported the
revisions. However, as a landowner, he will potentially be penalized by more
regulation and reform. He does not have impervious surfaces, homes, poor
stormwater management, or asphalt. Many people that have spoken live in the
watershed. He doesn't live in the watershed, however he gets the penalty for the
regulation to amend what others have done. His property is zoned for 400 homes,
but he does not intend to develop his land. If the County wants a moratorium, then
they should create one. If they aren't going to create a moratorium, then they
Regular County Council Meeting, 9/21/99, Page 15
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should not over - regulate the land to the point where he cannot use it and his value
is diminished to nothing. Before the Council continues with this, they should look in
everyone's closets. Also, the Home Rule Charter requires that those unduly
burdened be compensated. This regulation does not burden a single home on a
7,500 to 12,000 square foot lot in the watershed. He only represents one vote,
however the 400 homeowners on Britton Road and Hillsdale, who all fertilize
everyday, don't receive the brunt of the burden of the document. He asked the
Council keeps in mind the citizen's rights.
Sutter asked Mr. Isaacson if he intended to develop. He stated he did not.
Sutter asked how these regulations affect his situation. Isaacson stated that
when he does choose to develop, the regulations will be too burdensome. If he had
to build roads that were over 5,000 square feet in size, he would be burdened.
Also, the County is overburdened and doesn't have the funding for more individuals
to review activity.
Sutter stated the 5,000 square foot threshold requirement already exists in
the current regulations. She wanted more specifics on how this new regulation
would hurt him.
Issacson used Transfer of Development Rights (TDR) as an example of how it
would hurt him. His property could be used for TDR, but it doesn't benefit him.
The TDR program benefits those individuals in the Urban Residential Mixed (UR -MX)
zoning because they are a receiver of the rights. The County is going to give to
those landowners by making their land more valuable, and restrict his land because
it would be needed for the TDR program.
Sutter stated he was misunderstanding TDR's.
Isaacson stated they should add regulation for existing infrastructure that is
not acceptable for the watershed. This should be unilaterally fair.
Hoag stated that, as they learn more, things change. It would be
irresponsible of the Council not to do anything to reduce the amount of silt in the
streams.
Isaacson stated there wasn't anything in the document about correcting the
stormwater management problems in Sudden Valley. The County should correct
the mistakes they know they've made before correcting mistakes that have not
been made.
Hoag stated they are trying to stop the mistakes they are making first.
Dan Bolster, 246 S. Forest Street, owned 70 acres in the watershed. In the
last nine months, 20 inspectors have visited him. The regulations are cumbersome.
The County enforcers are working hard to stop anything from going on in the
watershed. He is trying to do everything according to the regulations. The lake
has been there a long time. He has yet to see a report that the lake water is bad.
He knew there was a suggestion of oxygen depletion in the north end of the lake,
but that area is shallow. The County is stripping property rights away from people.
Regular County Council Meeting, 9/21/99, Page 16
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Dan McShane, 1451 Grant Street, Bellingham, stated it is overall a good
effort, but it may be misdirected. He hoped they didn't view this as a solution for
the water quality around the lake. His concern was about dissolved oxygen. He
does a lot of stormwater work on industrial sites. At one location, the discharge
has been clean for the contaminants they've been asked to monitor. They haven't
been asked to monitor for dissolved oxygen, which he knew was bad. The
ordinance doesn't address cutting into slopes and intercepting groundwater. There
is shallow groundwater around the lake in a lot of places. When they put in
development on the surrounding hillsides, they are removing clean groundwater
and discharging it into the lake. There is no contamination with that, but it is
damaging to the lake. They are removing the groundwater recharge, which is
important to the lake. Over 10% of impervious surfaces cause degrading in the
water quality. They need to address the transfer of development rights.
Anthony Raab, Lake Whatcom resident, quoted from the City of Bellingham
document regarding E -coli. None has been found. Regarding the greenhouses and
nurseries, if they are only allowed as a conditional use, can only be organically
fertilized and maintained, and must pass multiple tests each year for water runoff
quality standards, then there is no reason to prohibit the wholesale vending of
those same plant products. There will be more traffic and watershed problems with
retail than with wholesale. He asked that they allow wholesalers the same chance
as retailers, and group the two together in the conditional use standards.
Regarding the monthly spot checks, an owner faced with monthly testing bills will
not be able to afford the testing by the small income produced by the reduced size
greenhouse. He suggested quarterly unannounced spot checks. Also, he asked
that the size be increased to 1,500 square feet, which would allow for 1,000 square
feet of useable growing space.
Patricia Mahboobzadeh, 566 Sudden Valley, stated Mr. Isaacson influenced
her to look at her own actions in the watershed. Everyone out there is responsible
for the lake. Everyone's children are going to have to drink from the lake.
Hearing no one else, Brown closed the public hearing.
Sutter stated they are holding this item in committee to finish working on the
issue. They are trying to balance protecting the drinking water and habitat, and the
rights of the people. If necessary, they will hold another public hearing when they
finish with the document.
Brown stated he would prefer to have the document finished before having
the public hearing.
Brenner stated she would rather work on the document and have a hearing
when they are done working on the document.
OTHER ITEMS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.10, CLARIFYING
PROCEDURES FOR DISPOSAL OF REAL PROPERTY (AB99 -314)
Regular County Council Meeting, 9/21/99, Page 17
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Imhof reported for Finance and Administrative Services Committee and
stated this is an emergency disposition of worthless County -owned property that
may become health hazards. The Committee recommended adoption.
Motion carried unanimously.
2. ORDINANCE AMENDING THE 1999 BUDGET, REQUEST NO. 7 (AB99-
315)
Imhof reported for Finance and Administrative Services Committee and
stated the committee recommended approval. He so moved.
Brenner asked about the piles of material at Public Works.
Dewey Desler, Deputy Administrator, stated the piles of soil at the Northwest
Annex were taken from the courthouse when they were removing the tanks. They
have been certified as not contaminated and will be used by Public Works at the
Northwest Annex for either the replacement areas around the old jail or in some
other location.
Motion carried unanimously.
3. REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT WITH
MICHAEL BOBBINK FOR HEARING EXAMINER SERVICES FOR 10/1/99
THROUGH 9/30/00 (AB99 -320)
Imhof reported for Finance and Administrative Services Committee and
stated the committee recommended approval. He so moved.
Motion carried unanimously.
4. RESOLUTION AMENDING RESOLUTION 98 -020 REGARDING PAYMENT
AND /OR REIMBURSEMENT OF COUNCIL MEMBER EXPENSES (AB99-
321)
Imhof reported for Finance and Administrative Services Committee and
stated this changes the payment routine that allows the Council Chair to okay the
expenses and the Council Vice -Chair to okay the Council Chair's expenses. This will
make the process more useful. The committee recommended approval
unanimously. He so moved.
Hoag brought forward a substitute resolution. She read the changes into the
record.
Hoag moved to amend, "WHEREAS, Council Members travel and mend
to serve on
various boards, commissions, and advisory committees; and." She also moved to
include an appeal mechanism, "BE IT FURTHER RESOLVED that if a claim is denied
by the Council Chair or Council Vice - Chair, a Council member may appeal the denial
to the full Council."
Regular County Council Meeting, 9/21/99, Page 18
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Motion to amend carried unanimously.
Imhof moved to approve as amended.
Hoag asked why they were removing the Superior Court from the process.
Dana Brown - Davis, Clerk of the Council, stated the Council, until now, was
sending the items to Superior Court, after they were approved by the Council.
Superior Court would not accept a claim unless they had Council approval.
Hoag questioned why they are changing the process. Brown -Davis stated it
was the State Auditor's opinion.
Karen Frakes, Senior Civil Deputy Prosecutor, stated they were basing their
previous procedure on State law. It was a previous opinion by the Prosecutor that
procedure was required. After reviewing the procedure with the State Auditor, they
concluded it was unnecessary to go to Superior Court.
Motion to approve carried unanimously.
5. REQUEST AUTHORIZATION FOR CONTRACT AMENDMENT FOR
PROFESSIONAL SERVICES WITH OWENS DAVIES MACKIE FOR LEGAL
REPRESENTATION ON GROWTH MANAGEMENT HEARINGS BOARD
APPEALS (AB99 -325)
Imhof reported for Finance and Administrative Services Committee and
stated this is for work that was already done. The committee recommended
unanimous approval. He so moved.
Brenner stated the process used to approve this was wrong. There were no
critical time decisions that had to be made. This was done during Council break.
At the time, she respected the judgement of the in -house attorneys that they did
not have the expertise to deal with these issues. She has not voted on any
subsequent request.
Karen Frakes, Senior Civil Deputy Prosecutor, stated Sandy Mackie did make
this request early in the summer. It was not a last minute item. Because of the
amount, she met with Council Chair Marlene Dawson and County Prosecutor Dave
McEachran to discuss the propriety of the amount. Subsequent to that meeting,
she received direction from Dawson. There were conversations that occurred
between McEachran and Mackie. Unfortunately, given vacation schedules, those
conversations happened later in the summer. By the time the conflicts were
resolved, it was into vacation.
Brenner stated her biggest concern was about being called individually during
their vacations. They have paid too much for an outside attorney.
Regular County Council Meeting, 9/21/99, Page 19
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Hoag stated, since she has been on the Council, they have received several
requests for "one more" extension. He is no longer debating the Comprehensive
Plan issues. He is only trying to prevent fellow taxpayers from being able to argue
their case. County lawyers should be able to handle these items. The money the
County has spent on Mackie is outrageous.
Sutter stated she agreed. However, she recognized this is work that has
already been done. She proposed an amendment, "...provide for a final eii increase
e€ not to exceed $10,000..." that was approved by the Committee.
Brenner stated the fact that the work already occurred is not the Council's
problem. The administration can find it themselves to pay it.
Imhof stated the administration could only approve up to a total of $10,000.
(Clerk's Note: End of tape two, side A.)
Brown stated there was a phone poll done and not all Council members are
present that were polled. He believed this was the final request.
Imhof moved to refer to Finance Committee.
Motion failed for lack of a majority, 3 -2 with Hoag and Brenner opposed.
Motion to amend as proposed by Sutter carried 4 -1 with Brenner opposed.
Motion to approve as amended failed for lack of a majority, 3 -2 with Hoag
and Brenner opposed.
6. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE,
TITLE 20, ZONING TEXT (AB99 -184)
Sutter reported for Planning and Development Committee and stated there
are three items being held in committee, including the Lummi Island Rural
Residential Island (RR -I) amendments, the Neighborhood Planned Development
amendments, and the Harvest Activity in Rural and Commercial Forestry
amendments. They are scheduling a hearing on October 12 for the site - specific
rezones, master plans, and site plan amendments. They are going to have a public
hearing on Lot Consolidation on October 26. This item (AB99 -184) was held in
committee. The items held in committee are the items being introduced.
7. AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AMENDMENT
#2 TO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF FERNDALE CONCERNING ANNEXATION (AB99 -357)
Sutter reported for Planning and Development Committee and stated it
comes forward with a recommendation for approval.
Regular County Council Meeting, 9/21/99, Page 20
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Brenner stated this property is within the Urban Growth Areas (UGA) of
Ferndale. They are not changing the Urban Growth Boundaries.
Knapp stated they are amending the interlocal agreement.
Motion carried unanimously.
8. RESOLUTION SETTING DEADLINES FOR RECEIPT OF WHATCOM
COUNTY COUNCIL AGENDA INFORMATION AND DOCUMENTATION
(AB99 -285)
Imhof moved approval of the substitute resolution.
Hoag recommended a change on page 1 of the substitute ordinance, line 29,
°...
committee, and the committee votes to accept the information or the committee
requests additional the information, or the full Council..."
Motion to amend carried unanimously.
Hoag moved to amend page 1 of the substitute ordinance, line 30, "...eFthe
full ceunce! vetes to accept the dLiFing the full ceuncil meeting."
Motion to amend carried unanimously.
Motion to approve as amended carried unanimously.
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT KYLE
HAGGITH TO HIS FIRST, PARTIAL TERM ON THE DEVELOPMENT
STANDARDS TECHNICAL ADVISORY BOARD, FILLING A VACANCY BY
LARRY STEELE, TERM ENDING JUNE 30, 2001 (AB99 -358)
Imhof moved to approve the request.
Motion carried unanimously.
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT JOHN
THOMPSON TO HIS FIRST TERM ON THE DOMESTIC VIOLENCE
COMMISSION, TERM OF SERVICE TO BE DECIDED BY THE
COMMISSION MEMBERS THROUGH DRAWING LOTS TO STAGGER
SERVICE VACANCIES (AB99 -359)
Imhof moved to approve the request.
Motion carried 4 - 0 with Hoag absent from the room.
INTRODUCTION ITEMS
Imhof moved to accept the introduction items.
Motion carried unanimously.
Regular County Council Meeting, 9/21/99, Page 21
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1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20.83,
REGARDING LOT CONSOLIDATION (AB99 -328)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20.42,
REGARDING HARVEST ACTIVITY IN RF /CF AND CONFLICTS WITH
LANDOWNERS (AB99 -329)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20.34,
REGARDING LUMMI ISLAND RR -1 AMENDMENTS (AB99 -330)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20,
REGARDING SITE SPECIFIC REZONES, MASTER PLANS, AND SITE
PLAN AMENDMENTS (AB99 -331)
S. ORDINANCE AMENDING ORDINANCE 98 -67, AUTHORIZING EXCESS
CASH IN CERTAIN FUNDS TO BENEFIT THE SAME AND AUTHORIZING
ALLOCATION OF INTEREST INCOME TO PROGRAMS WHERE
GOVERNING LAW OR GRANT TERMS REQUIRE IT (AB99 -360)
6. ORDINANCE ESTABLISHING THE WHATCOM COUNTY INVESTMENT
POOL FUND (AB99 -361)
7. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.86, AMERICANS
WITH DISABILITIES ACT GRIEVANCE PROCEDURE AND COMPLIANCE
COMMITTEE (AB99 -362)
OTHER BUSINESS
Brenner stated the Public Works committee voted to recommend that two
letters be sent to the Sheriff requesting the Speed Limit Radar Display board be
placed in two locations to monitor traffic speeding problems. The first location is at
the busiest section of Birch Bay Drive. The second location is on Lake Whatcom
Boulevard between Cherry Lane and Rocky Ridge. The County engineer is hiring a
traffic engineer to study those areas. She so moved.
Motion carried unanimously.
Brenner stated she wanted people to understand about setting deadlines for
receiving agenda documentation. Until they set a limit, people don't understand
they cannot absorb this information during the meeting. People are voting on
material they could not have read.
Hoag stated the Natural Resources Committee recommended sending a letter
to the State Department of Ecology (DOE) regarding, 1. $9,000 fine monies to be
used on Drayton Harbor clean up activities, 2. The status of a tree study with CK
seafood processors, and 3. Enforcement of NPDES permits of the seafood
processors. She so moved.
Motion carried unanimously.
Regular County Council Meeting, 9/21/99, Page 22
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Also, the committee recommended sending a letter to the Port of Bellingham
requesting an additional sampling location in the Drayton Harbor area at the mouth
of the harbor, at the end of the Semiahmoo spit, across from sampling site ). They
can get a better determination of what is coming into the north and south sections
of the mouth of the harbor. In addition, they can compare those results with
sampling site eight, which is just inside the mouth of the harbor. She so moved.
Motion carried unanimously.
Hoag stated they discussed a resolution that the Endangered Species Act
(ESA) be amended to consider the safety of citizens. This will come back next week
for Council consideration.
Brenner questioned whether part of the request was to find out why sampling
station nine had been closed.
Hoag stated it was station ten.
Brown stated he didn't think the committee made that request.
Hoag stated it was not part of the request. The committee asked the
question, but never really got an answer. That question would have to be directed
toward the Department of Health.
Brenner stated she wanted the station put back in.
Hoag stated she wanted to know why they dropped that station.
Sutter guessed the reason it was dropped was because they were getting
consistently high counts of pollution. They weren't seeing any improvements, so
they probably decided not to test as frequently.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Sutter stated she attended a meeting on September 9th and 10th of the
Salmon Homecoming Forum in Seattle. It was extremely interesting. There was a
lot of good information on the tribal perspective on salmon issues.
Sutter also stated she received a checklist for water conservancy board
petitions. This board makes decisions regarding changes in water rights, so it
doesn't have to go through the DOE. She asked the Council to make a decision
about moving ahead on applying for a conservancy board.
Hoag stated it has been scheduled on the Natural Resources Committee
agenda, but keeps getting rescheduled. Currently it is scheduled for the next
meeting, but that is tentative. The contact person has been Henry Bierlink, who
has been trying to get this approved through the Initiating Governments. There
has been some resistance to buying off on the program. They think it is now ready
to go.
Regular County Council Meeting, 9/21/99, Page 23
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Sutter stated the County could initiate it. The Council ought to go ahead and
form the conservancy board and not wait for approval from someone else.
Sutter stated she received a letter from the Pt. Roberts Registered Voters'
Association regarding costs of violations of the County Code having to do with
recreational vehicles (RV). She asked who would be responding.
Michael Knapp, Planning and Development Services Director, stated he is
responding to that letter. It is regarding the code enforcement for the RV owners
they have notified. They could respond independently, or with the County Council.
Sutter asked to receive a copy of their response. There are several concerns.
Brown stated he was concerned the County doesn't go overboard and ruin it
for people who are doing things right. Knapp stated Planning and Development
Services is giving people 90 days to show they are non - conforming and have been
there a long time. The overall goal is to get them into compliance, unless code
changes are approved.
Brenner stated they have had a problem with RV's that are not up to code,
are hazardous, and are not hooked up to sewer and water. However, there are
other RV's that are in compliance. The County has a "one size fits all" ordinance
that isn't working.
Knapp stated they are a giving people a chance to comply.
Sutter asked if there is currently an ordinance restricting the use of RV's to
120 days. Knapp stated documenting that is the challenge.
Hoag stated she served on the Energy Facility Site Evaluation Council
( EFSEC) board to review the proposed energy plant near Sumas. They have
revised their application to run two high power transmission lines through the
middle of Whatcom County. Previously they proposed to run one line to the border
and it would not have been in the County's jurisdiction. They are looking for public
comment on the Environmental Impact Statement (EIS) scoping. Those comments
can be sent to the EFSEC Council. She will provide the details if requested.
Brown questioned whether they would be breaking new ground or following
existing lines.
Hoag stated there are short areas of new lines, and then the majority of the
line runs with existing lines. However, the existing lines in many of these areas are
in approximately the 12,000 kilovolt range, and they are talking about stepping
them to 115,000 kilovolt range. The reason that they are stopping there is because
there is an ordinance that says anything over 115,000 kilovolts cannot be in a new
corridor. They are splitting their load and having two 115,000 kilovolt lines. Each
line will have different height requirements, and they have said they will set them
back. There will be repercussions for the people that are living along those lines.
ADJOURN
Regular County Council Meeting, 9/21/99, Page 24
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The meeting adjourned at 9:55 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on January 11 , 2000.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Tom Brown, Acting Council Chair
Regular County Council Meeting, 9/21/99, Page 25