HomeMy WebLinkAboutCouncil March 10 19981
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
March 10, 1998
The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Tom Brown
Connie Hoag
Kathy Sutter
Ward Nelson
ANNOUNCEMENTS
Imhof announced that in the Committee of the Whole meeting, there was discussion with
the Prosecuting Attorney and Public Defender regarding drug court proposals and grants (AB98 -
119). Dawson moved to apply for a drug court grant for up to $30,000 for planning, staff will
follow up. During executive session, pending litigation was discussed (AB98 -020).
APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR MARCH 18 (1 P.M.); MARCH 18 (6:30 P.M.);
MARCH 25; APRIL 1; APRIL 4; APRIL 8; MAY 13; AND MAY 20, 1997
COMPREHENSIVE PLAN WORK SESSIONS; APRIL 8 AND JUNE 3, 1997 REGULAR
COUNCIL MEETINGS
Hoag requested these minutes be pulled for her review.
OPEN SESSION
The following people addressed Council:
Rita Foley, South Lake Whatcom: General Issues
Frank James, 3511 Chuckanut Avenue: Health Department staffing (AB98 -102)
Susan Trimingham, 619 -15t' Street, Chair, Public Health Advisory Board: Health
Department staffing (AB98 -102)
Dr. Jonathan Franklin, representing the Health Subcommittee, Whatcom County Medical
Society: Health Department staffing (AB98 -102)
Bill Henshaw, 2653 North Park Drive, representing the Whatcom County Association of
Council Minutes, 3/10/98, Page 1
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Realtors: Salmon recovery (AB98 -115)
Carl Weimer, 1155 N. State Street, Executive Director, RESources: Health Department
staffing (AB98 -102)
Marian Bidell, 3600 Sealey Street: Domestic Violence Task Force (AB97 -359); Salmon
recovery (AB98 -115)
Dr. Susan Cook, 4186 Hoff Road: Health Department staffing (AB98 -102)
CONSENT AGENDA
Dawson reported for Finance and Administrative Services Committee and moved
approval of all items.
Brown requested to pull #3 and #8 for discussion.
Hoag requested to pull #4 for discussion.
Motion to approve #1, 2, 5, 6, 7, and 9 carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -16
FOR THE DRYDOCKING OF THE WHATCOM CHIEF TO THE LOWEST
RESPONSIVE BIDDER, DUWAMISH SHIPYARD, IN THE AMOUNT OF $130,772
(AB98 -104)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH THE WHATCOM VOLUNTEER CENTER TO PROVIDE
VOLUNTEER SERVICES UPON REQUEST BY THE COUNTY IN THE AMOUNT
OF $30,000 (AB98 -105)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH THE CONVENTION AND VISITORS BUREAU TO PROVIDE
VISITOR INFORMATION SERVICES IN THE AMOUNT OF $75,525 (AB98 -106)
Brown expressed concern regarding the funding. He suggested Council examine the
hotel /motel tax at budget time. He felt an opportunity to fund increased recreational activities
for youth was being overlooked. Brenner concurred, stating she preferred building a sports
complex for youth. Discussion continued with topics including breakdown of monies; the cost
of building a sports complex and where the additional monies would come from; and the
financial return on a sports complex
Dawson moved approval.
Motion carried 5 -2 with Brenner and Brown opposed.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH THE WHATCOM CHAMBER OF COMMERCE AND
Council Minutes, 3/10/98, Page 2
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INDUSTRY TO PROVIDE PROMOTIONAL AND ADVERTISING SERVICES IN
THE AMOUNT OF $25,000 (AB98 -107)
Hoag was concerned with the language "promotional and advertising" and did not wish
to expend monies on advertising. She requested a breakdown of monies. Discussion followed
regarding the language in the contract.
Dawson moved approval.
Motion carried unanimously.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH REGION 3 AIDS SERVICE NETWORK TO PROVIDE
SERVICES RELATED TO HIV /AIDS PREVENTION AND TREATMENT IN THE
AMOUNT OF $126,310 (AB98 -108)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH HOME PORT LEARNING CENTER FOR ALTERNATIVE
EDUCATION SERVICES PROVIDED TO COURT INVOLVED YOUTH IN THE
AMOUNT OF $60,000 (AB98 -109)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH CATHOLIC COMMUNITY SERVICES NORTHWEST TO
PROVIDE A VARIETY OF MENTAL HEALTH SERVICES FOR CHILDREN AND
YOUTH LIVING IN WHATCOM COUNTY IN THE AMOUNT OF $116,836 (AB98 -
110)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT WITH THE CITY OF BELLINGHAM FOR CRISIS
INTERVENTION SERVICES INVOLVING ALCOHOL OR OTHER DRUG ABUSE
IN THE AMOUNT OF $41,400 (AB98 -111)
Brown requested clarification on the total amount of the funding. Chuck Benjamin,
Health & Human Services Director, responded the County's contribution is $15,821; the city's,
$41,400. The total contract is $57,221.
Dawson moved approval.
Motion carried unanimously.
ADDENDUM
9. REPORT ON DISCUSSION WITH WHATCOM COUNTY AUDITOR SHIRLEY
Council Minutes, 3/10/98, Page 3
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FORSLOF REGARDING THE COUNTY'S OFFICIAL DAILY NEWSPAPER (AB98-
118)
PUBLIC HEARING
1. ORDINANCE ADOPTING INTERIM DEVELOPMENT REGULATIONS RELATING
TO GROWTH MANAGEMENT AND LAND USE DEVELOPMENT FOR THE
PURPOSES OF REGULATORY CONSISTENCY WITH THE OFFICIAL WHATCOM
COUNTY COMPREHENSIVE PLAN (AB97 -169C)
Imhof opened the public hearing, and the following spoke:
Bill Black, 3811 Silver Beach Avenue
(Clerk's Note: Tape 1, side B)
Sherilyn Wells, 1020 Geneva
Rita Foley, South Lake Whatcom
Kay Ziels, 975 Grand Boulevard
Hearing no one else, Imhof closed the public hearing.
Sylvia Goodwin, Planning and Development Services Manager, gave a staff report. She
pointed out these are interim development regulations in place for six months while finalization
is taking place. Goodwin stated a copy of the emergency development regulations was given to
Council members. She noted a miscalculation was made in that the most recent ordinance will
sunset five days before the new interim would take place; therefore, an emergency as well as the
interim is needed in order to continue.
Dawson moved approval of the interim development regulations ordinance.
Hoag moved language be corrected on packet page 301, Section 20.36.010, last line:
"...reserving tracts of land for rural uses ."
There was discussion on the motion with Sutter expressing concern regarding the ability
to subdivide in the ag overlay zone.
Michael Knapp, Planning and Development Services Director, commented that legal
advice from Sandy Mackie was to make no changes until the end of the process.
Hoag then withdrew her motion.
Brown was concerned about increasing problems with the ag overlay zone. Brenner also
commented. Nelson was concerned with pesticides.
Council Minutes, 3/10/98, Page 4
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Motion to adopt the interim development regulations ordinance carried 5 -2 with Brown
and Brenner opposed.
Imhof moved approval of the emergency ordinance.
Motion carried 6 -1 with Brenner opposed.
2. ORDINANCE ADOPTING INTERIM ZONING OVERLAY MAPS TO IMPLEMENT
THE SHORT TERM PLANNING AREAS DESIGNATED IN THE OFFICIAL
WHATCOM COUNTY COMPREHENSIVE PLAN (AB97 -170C)
Sylvia Goodwin, Planning and Development Services Manager, gave a staff report.
She pointed out this is a six month interim ordinance; an emergency ordinance must be adopted
to continue the revised ordinance of January 1998.
Imhof opened the public hearing, and the following spoke:
Kurt Denke, 3030 -35th Avenue West, Seattle, representing Lee and Barbara Denke
Rita Foley, South Lake Whatcom
Hearing no one else, Imhof closed the public hearing.
Nelson moved to adopt the interim overlay maps.
There was discussion on the motion. Hoag requested clarification that Summit View is
now included and expressed concern regarding drainage into Basin 1.
Motion carried 6 -1 with Hoag opposed.
Nelson moved to adopt the emergency ordinance.
Motion carried 6 -1 with Hoag opposed.
OTHER ITEMS
1. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST #2 (AB98 -102)
Dawson reported for Finance and Administrative Service and moved to approve.
Brenner moved to amend by withdrawing the $36,617 for the Health Department's
requested position.
There was discussion on the motion. Topics discussed included politicking and
clarification of the amount of the requested funding. Chuck Benjamin, Health & Human
Council Minutes, 3/10/98, Page 5
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Services Director, responded. There was further discussion, which included water resources.
Benjamin assured Council his department and Planning and Development Services are not
duplicating services. Nelson stated Council as the Board of Health and the Health Department
are responsible to the citizens for water quality, which is a continuing problem. Hoag addressed
her concerns about contaminated water and public notification, as well as the Health Department
position.
(Clerk's Note: Tape 2, side A)
Pete Kremen, County Executive, addressed Council regarding a proposed language for
budget request #2 (on file). He read this into the record and commented.
"The Health Department director will establish a work plan and performance
measures for the water quality specialist, as well as progress benchmarks for new
water quality programming. The Health Department director shall also provide
program progress updates, test results, and informational reports to be provided to
the County Executive and Board of Health on a quarterly basis."
Motion to amend by deleting the amount by $36,617 from the Health Department's
allocation failed 3 -4 with Brenner, Hoag and Brown in favor.
Hoag moved to amend by including the above -read language in the ordinance wherever
appropriate.
Motion carried unanimously.
Main motion carried 5 -2 with Brenner and Brown opposed.
2. ORDINANCE ESTABLISHING THE PORTAGE BAY SHELLFISH PROTECTION
DISTRICT IN THE NOOKSACK WATERSHED (AB98 -046A)
Hoag reported for Natural Resources Committee and stated some changes were made. A
public hearing will be held at the next Council meeting (March 24).
3. REPORT ON DISCUSSION REGARDING VAN WYCK ROAD COMPLAINT FILED
BY GREG AND CINDY ANDERSON AND GEORGE LEONARD (AB97 -413)
Brenner reported for Public Works and Capital Projects Committee and stated this item
was held in committee for a more appropriate solution.
4. DISCUSSION REGARDING ORDINANCE AMENDING THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE TO REVISE THE STANDARDS FOR ACCESSORY
HOUSING UNITS, THE ZONES AND LOCATIONS WHERE THEY ARE
Council Minutes, 3/10/98, Page 6
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PERMITTED, AND THE PROCEDURE FOR PROCESSING APPLICATIONS (AB98 -
072)
Sutter reported for Planning and Development Committee and stated changes were
made. A public hearing will be scheduled at the next meeting (March 24).
Brenner moved to return this item to Planning and Development Committee.
Motion carried unanimously.
INTRODUCTION ITEMS
Nelson moved to accept the introduction items.
Motion carried unanimously.
1. REQUEST TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE TO REVISE THE STANDARDS FOR ACCESSORY HOUSING
UNITS, THE ZONES AND LOCATIONS WHERE THEY ARE PERMITTED, AND
THE PROCEDURE FOR PROCESSING APPLICATIONS (AB98 -072) (HEARING TO
BE SCHEDULED)
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITAL 20, TO ALLOW COMMERCIAL STORAGE OF PERSONAL
RECREATIONAL BOAR AND TRAILERS, RECREATIONAL TYPE VEHICLES
AND MINI - STORAGE AS A CONDITIONAL USE IN THE NEIGHBORHOOD
COMMERCIAL ZONE (AB98 -112)
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL FIVE ACRES (R5A) TO LIGHT IMPACT INDUSTRIAL (LII) FOR
APPROXIMATELY 24 ACRES AND FROM RURAL FIVE ACRES (R5A) TO
GENERAL COMMERCIAL (GC) FOR APPROXIMATELY 23 ACRES IN THE
URBAN FRINGE SUBAREA, PLUS AN ADJACENT AREA OF iNTERSTATE 5
RIGHT -OF -WAY IN THE CHERRY POINT /FERNDALE (AB98 -113)
4. REQUEST FOR A ONE -YEAR EXTENSION OF PRELIMINARY PLAT APPROVAL
FILED BY MARGARET CURTIS, P.E., FOR P.J. MURRAY -JONES (SOUTH CAPE
AT SANDY POINT) (AB98 -117) (HEARING TO BE SCHEDULED)
5. ORDINANCE AMENDING WHATCOM COUNTY CODE 6.04, ANIMAL CONTROL
(AB98 -103)
Council Minutes, 3/10/98, Page 7
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REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Economic Development Plan & Summit (AB98 -026): Sutter has been working with
several entities on this project. She hopes there will be an economic development plan for the
County by next year.
Nooksack Recovery Team Meeting (AB98 -115): Sutter commented in particular about
a presentation regarding off - channel spawning and rearing habitats developed in Canada.
Meeting between County and Lummi Tribal Council: Dawson suggested tribal
relations /intragovernment relations being placed on an agenda. The Lummis will be drafting a
letter and bringing it forward to have this established.
Blaine Chamber of Commerce Dinner: Brenner mentioned the speaker, who is the
owner of the company locating in Blaine. He requested Cascade Gas be urged to speed up their
process so the business can be opened within the next 90 days.
Brenner moved to send a letter to Cascade Gas supporting Nature's Path Organic Foods
locating in Blaine and encourage Cascade Gas to work cooperatively with them to facilitate
events expeditiously.
There was discussion on the motion.
Motion carried 5 -2 with Nelson and Brown opposed.
Brenner will draft the letter.
Salmon Enhancement (AB98 -115): Hoag mentioned this item was discussed in Natural
Resources Committee. The presenter suggested a study. All information obtained in committee
will be forwarded to Council of Governments (COG) for its consideration.
Pete Kremen, County Executive, issued an invitation for Council to attend the Strategic
Planning Retreat on March 17, 9 a.m., at Lairmont Manor. Also, a reception will take place on
March 20 in honor of the County Council and Lummi and Nooksack Tribal Councils.
ADJOURN
The meeting was adjourned at approximately 9 p.m.
Marina Mason, Recording Secretary
Council Minutes, 3/10/98, Page 8
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3 These minutes were approved by Council on 91998.
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5 ATTEST: WHATCOM COUNTY COUNCIL
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WHATCOM COUNTY, WASHINGTON
Dana Brown- Davis, Council Clerk Robert Imhof, Council Chair
Council Minutes, 3/10/98, Page 9