HomeMy WebLinkAboutCouncil October 13 19982
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
October 13, 1998
The meeting was called to order at 7:07 p.m. by Council Chair Robert Imhof in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Kathy Sutter None
Marlene Dawson
L. Ward Nelson
Connie Hoag
Barbara Brenner
Tom Brown
ANNOUNCEMENTS
Imhof announced that during executive session there was Discussion with Civil Deputy
Prosecutor Dan Gibson regarding approval to file collection action (AB98 -020)
Nelson moved approval as discussed in executive session.
Motion carried unanimously.
Imhof also announced that during executive session there was Discussion regarding the
master collective bargaining agreement negotiations (AB98 -360)
The County will move forward.
CANVASSING
COUNCIL TO SELECT ONE MEMBER TO SERVE ON THE CANVASSING
BOARD FOR: FRIDAY, NOVEMBER 13 (9:00 A.M.); MONDAY, NOVEMBER 16
(9:00 A.M.); TUESDAY, NOVEMBER 17 (9:00 A.M.); WEDNESDAY, NOVEMBER
18 (1:00 P.M.)
Sutter volunteered to canvass on November 13tH
Dawson volunteered to canvass on November 17`x'.
Brenner volunteered to canvass on November 18th.
Regular Council Meeting, 10/13/98, Page 1
I Brown volunteered to canvass on November 16th
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3 OPEN SESSION
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5 Les Bjorkstam, 1005 Sudden Valley, Bellingham, requested a pilot program for the
6 buyout of Sudden Valley lots. The County could gather a lot of data and gauge the public
7 response if they made a limited pilot program of $50,0004100,000. Negotiations with Sudden
8 Valley should allow any buyout to be covenant lots.
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10 Sam Crawford, 1627 Diamond Loop, Planning Commission member, brought forward a
11 unanimous request from the Planning Commission that the County recognize Commissioner
12 David Simpson. He served on the Planning Commission for 12 years and his term expires this
13 December. He chaired the Commission for several years. His leadership has been
14 commendable. He played a key role in the Comprehensive Plan, when the Planning Commission
15 met 43 times in 15 months. Simpson spent well over 2,000 hours over the years, with no
16 financial compensation or recognition. No one else has served as many years. It would be
17 appropriate for the Council to recognize Simpson at the end of his term in December.
18
19 Muriel Terry, 5119 Drayton Harbor Road, spokesperson for the Drayton Harbor
20 residents, requested the Planning Commission consider, on an emergency basis, including
21 Sections 13 and 18 of Whatcom County in the Blaine short term planning area. The area has all
22 urban services except police protection and upgraded sewer and water lines. The Whatcom
23 County Health Department is pressuring residents to install non - guaranteed, mounded sewer
24 systems. There is an emergency health basis for the request. The residents are willing to pay for
25 the sewer line.
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27 Brenner stated that this was discussed in Public Works committee. Drayton Harbor is in
28 trouble with elevated levels of fecal coliform. This is the first time the residents have expressed
29 a willingness to be in the Blaine short term planning area.
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31 Imhof stated that Council would deal with it at the end of the meeting.
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33 Jonni Lukens, 5157 Drayton Harbor Road, Blaine, owns a bed and breakfast. She would
34 like to put in another house to expand the bed and breakfast, but is unable to do because of the
35 Growth Management Hearings Board's decision to overlay the County zoning map, on which her
36 area is zoned UR4. Now, she is only allowed one house on five houses. Near her home, there
37 are 6 —8 homes within five acres. There is also Semiahmoo, Birch Bay, RV parks, and mobile
38 home parks. Also, her septic system failed last year. She believed installation of a sewer system
39 was imminent. Therefore, the County Health Department allowed her to install holding tanks.
40 They are expensive to maintain. They have to be pumped monthly. She would much rather have
41 a sewer. The best option is to become a City of Blaine short term planning area.
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43 Ed Cohn, Section 18 in the Drayton Harbor area, owns 44 acres in the area. He had an
44 offer from someone to purchase the property. The buyer backed out when he found out it was
45 zoned one dwelling per 5 acres.
Regular Council Meeting, 10/13/98, Page 2
2 Jeff Terry, 5238 Drayton Harbor Road, spoke on behalf of his parents and requested the
3 County place their property in a more favorable growth area so they may petition to have
4 upgraded sewer and water service. They must have sewer service soon, or the County Health
5 Department will force them out of their home. The drain field does not meet size requirements.
6 Because of the size of the lot, there is no feasible way install any type of system to meet the
7 County's requirements, unless it is placed partly within the road right -of -way. There are two
8 other families who can't live in their homes because they cannot meet the County's
9 requirements. Sewer service is the only option. Sewer services depends on being placed in the
10 Blaine short term planning area.
11
12 Mike Brennan, Bellingham/Whatcom Chamber of Commerce, has been working for
13 positive development of business in Whatcom County. Recently, the City of Blaine took action
14 regarding an adult entertainment business. The Chamber has worked hard over the years on the
15 Comprehensive Plan. There are fragile commercial areas that are taking a long time at
16 determining what they should be, and are not prepared for an urban business environment. The
17 Chamber has talked to County administration. The Council will be presented with an emergency
18 ordinance that allows a 60 -day delay for an adult business to locate in the County. He
19 encouraged the Council to support the temporary ordinance.
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21 Yvonne Goldsmith, 5840 Church Road, stated that the City of Ferndale did an adult
22 entertainment ordinance several years ago. Also, she questioned whether the Council would
23 consider the appointment of someone to Ann Anderson's state legislative seat.
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25 Imhof stated that they could reconsider.
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27 Amanda Gannion, 1213 Whatcom Street, President of the Whatcom County Young
28 Republicans, urged the Council to vote for a replacement to Anderson's position.
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30 Joe Elenbaas, 600 E. Smith Road, encouraged Council to make a decision to fill Ann
31 Anderson's seat. Constituents need to be represented. He contacted the senatorial office to
32 receive a list of issues that are pending until the position is filled.
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34 Marta Guerva, 3710 West Hills Place, Bellingham, requested the Council appoint
35 someone to the position to fill the 42nd District senatorial seat.
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37 Donald Wayne George, 1424 N. Garden Street, Bellingham, stated that he is a Vietnam
38 veteran. This spring, the United States Congress recognized prisoners of war (POWs). A U.S.
39 House resolution was passed praising the patriots. He requested the County Council consider
40 passing a similar resolution for Veteran's Day. One person from Whatcom County is still listed
41 as a POW -MIA.
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43 Sutter suggested that the veterans sitting on the County Council should work on the
44 resolution.
45
Regular Council Meeting, 10/13/98, Page 3
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Hoag stated that she was at Travis Air Force Base when the first POWs returned home.
A crowd of approximately 5,000 was gathered. The men that returned kissed the American soil
in appreciation of being home. It left a lasting impression. She expressed her appreciation of the
request and anything that could be done to honor the men. The men went through things no
human being should ever have gone through, for the United States.
CONSENT AGENDA
Dawson reported for Finance and Administrative Services Committee and moved
approval of items 1 and 2. Item #1 was amended to include Council Member Hoag's request for
reimbursement to Governor Locke's luncheon.
Motion carried unanimously.
REQUEST AUTHORIZATION TO PAY COUNCIL MEMBER EXPENSES AND /OR
TRAVEL (AB98 -143H)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A SITE
LICENSE UPGRADE FOR THE IMAGING SYSTEM IN THE TOTAL AMOUNT OF
$92,200 (AB98 -364)
OTHER ITEMS
Nelson stated that Council needed to address the concerns raised during Open Session.
Regarding POW -MIA, Council can't rectify the suffering that people have endured for many
years. He would like to make a countywide effort with the County administration to recognize
the POWs for Veterans Day and the 25th anniversary of the Vietnam War (AB98 -369).
Nelson moved that the Council Members and administration put forward recognition for
the individuals.
Motion carried unanimously.
Nelson stated that there is an effort from individuals to fill the 42nd legislative district
vacancy. The laws require that if a request to fill the position is brought forward, it is the duty of
the Council to take action.
Nelson moved the Council take the issue off the table and reconsider.
Imhof stated that this is not the same as when Pete Kremen was elected to the County
Executive post, which created a vacancy in the State legislature. The remainder of his term was
for a considerable amount of time.
Brenner stated that the Council has 60 days. There was political maneuvering for the
Regular Council Meeting, 10/13/98, Page 4
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Senator to take another job. Council members have the option to abstain. Citizens should make
the decision. She did not support leaving the position prematurely. Anderson has taken another
job.
Hoag stated that she received a lot of calls on the issue. Her concern is the cost to the
taxpayer to send someone to Olympia when the legislature is not in session. An election is very
close. She would not support the vote.
Nelson stated that the budget has been made for the position. The position is for
representation to the community. There are issues that require representation from someone.
Council has a responsibility to make sure the public has representation. He wants the public to
have a voice in the selection, but he also wanted to be sure there was representation.
books.
Dawson stated that it was democracy and the voice of the people that put the law on the
Motion to reconsider failed 3 -4 with Dawson, Nelson, and Brown in favor.
1. ORDINANCE ADOPTING DEVELOPMENT REGULATIONS RELATING TO
GROWTH MANAGEMENT AND LAND USE DEVELOPMENT FOR THE
PURPOSE OF REGULATORY CONSISTENCY WITH THE OFFICIAL WHATCOM
COUNTY COMPREHENSIVE PLAN (AB97 -169F)
Sutter reported for Planning and Development Committee and stated that the item has
been held in committee. A committee workshop will be held after Council meeting.
ADDENDUM:
COUNCIL TO MEET AS THE BOARD OF HEALTH TO TAKE FORMAL ACTION
ON FORMATION OF THE COMMUNITY TASK FORCE ON MEDICAL WASTE
AND GIVE CHARGE OF THE TASK FORCE TO THE PUBLIC HEALTH
ADVISORY BOARD (AB98 -144)
Imhof moved approval of creating a community task force.
Chuck Benjamin, Health and Human Services Department Director, stated that he issued
a memo to Board of Health members. The task force charge includes five areas: 1. Review
current bio- medical waste regulations and requirements, 2. Review local bio - medical waste
processes from origin to disposal, 3. Identify concerns and issues, 4. Develop a timeline for
completion, and 5. Make recommendations to the Public Health Advisory Board, which would
be forwarded to the Board of Health.
In the same memo, he mentioned that several community members have expressed an
interest in being on the task force, including County Council Member Brenner, County Health
Officer Dr. Stern, Dr. Jonathan Franklin of the Whatcom County Medical Society and chair of
Regular Council Meeting, 10/13/98, Page 5
I the public health sub - committee, and Whatcom County Health and Human Services
2 Environmental Services Manager Regina Delahunt. The Public Health Advisory Board
3 recommended the task force be limited to 15 members, including an industry representative. It
4 was also recommended that the task force retain a professional facilitator to run the task force
5 meetings.
6
7 Hoag questioned the source of the funds for the professional facilitator. Benjamin stated
8 that he would use local capacity development funds from the State Department of Health. They
9 are flexible funding to be used for local concerns. It would not increase the County budget.
10
11 Sutter stated that she found more than 2,000 sites on the Internet regarding infectious
12 waste. There may be some simple fixes. Benjamin stated that another avenue for information is
13 the senate sub - committee that is looking at medical waste issues.
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15 Brown stated that, as it is endorsed, the Council representative should be Brenner.
16
17 Motion carried unanimously.
18
19 Sutter stated that she received a call from a Bellingham man whose sewer line is on his
20 neighbor's property and is broken (AB98 -370). Raw sewage has been spilling into ditches for
21 six months. She requested the Public Health Advisory Committee look into the on -site septic
22 enforcement policy to determine whether there is some way to deal with the issue of whether the
23 County could take remedial action sooner against an irresponsible property owner.
24
25 Benjamin stated that, earlier this year, they approved the new on -site septic enforcement
26 policy, which set forth stringent requirements for compliance. He's done a cursory review of the
27 case. A meeting is scheduled with the Prosecuting Attorney's office to review the enforcement
28 policy to expedite enforcement. One impact of the case is that there had been an administrative
29 hearing and the violator did not appear. The Health and Human Services Department followed
30 the policy. The homeowner retained an attorney to draw up easement papers with his neighbor.
31 The neighbor that would allow connection to public sewer by gravity flow denied the easement,
32 which is his /her right. They will now pursue easement across another property that would
33 require a pumping station instead of gravity flow.
34
35 Imhof asked for a review from the attorney. Benjamin asked to give a written report.
36 The abatement hearing is scheduled for October 14. If the property owner fails to appear, they
37 have two choices. If the violator appears and fails to enter into a last chance plan of action to fix
38 the problem, then the Health Department can go on the premises to fix the problem and put a lien
39 on the property, or they can order vacation of the property.
40
41 Hoag requested clarification on approval of the rules. Benjamin stated that the Council
42 did not approve the on -site septic operation and maintenance, which is separate from the
43 enforcement policy.
44
Regular Council Meeting, 10/13/98, Page 6
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Brenner asked for clarification on whether there is anything the Council can do to speed
up the process when there is an eminent health risk. The process at best will be drawn out.
Benjamin stated that there is an enforcement policy in place.
(Clerk's note: End of tape one, side A)
Nelson moved to go forward with the option to vacate the property instead of fix the
system. The County and the taxpayers should not be responsible for the behavior.
Sutter questioned whether vacating the property is the most expedient option. Benjamin
stated that when there is a public health risk, the Public Health Officer has more jurisdiction. It
would be more expedient to order vacation. There is still due process.
Hoag stated that she didn't want milder circumstances in the future to receive the same
severe consequences. Benjamin stated he would review the process for declaring an emergency
and the measures at the next Board of Health meeting.
Motion to vacate carried unanimously.
Brown stated that the issue of the Drayton Harbor area residents' request for
inclusion in the Blaine short term planning area (STPA) (AB98 -371) needed to be addressed.
Goodwin stated that the problem is that the Comprehensive Plan policy states that outside
of STPA, density is 1 dwelling per 5 acres. The Council can, by an emergency resolution with
2/3 majority, initiate a rezone to include the area inside a STPA. It is currently in the Blaine
urban growth area as a long term planning area. It would be a simple rezone to make it a STPA.
It has to meet the criteria for a STPA. There are almost 1,000 acres in the area, which includes
everything north of Lincoln Road.
Brown stated that the Council heard testimony on the septic systems. Even the designers
can't guarantee the systems for over two years. It is a public health issue. There is
contamination of sewage into the shellfish beds. The residents request that they be given access
to a sewer system to the area.
Imhof questioned whether they have to rezone the whole area.
Benjamin stated that the whole area is a problem.
Brenner stated that it does not interfere with growth management. The Comprehensive
Plan stipulates the ability to extend sewer and water for emergency health reasons.
Goodwin stated that they need to pass a resolution to initiate an emergency rezone of the
area. Council may want to make it broader because it may not be the best solution. The best
solution may be to change the Comprehensive Plan policies regarding development outside of a
Regular Council Meeting, 10/13/98, Page 7
I short term planning area. They could specify either a rezone or a Comprehensive Plan
2 amendment to address issue of getting sewer to the Drayton Harbor area.
3
4 Nelson questioned public process and whether it would require a public hearing because
5 it is a rezone change in the Comprehensive Plan as it currently exists. Goodwin stated that the
6 resolution initiating a rezone does not, but the rezone would need a public hearing. They could
7 pass the rezone and send it to Planning Commission, and they would hold the public hearing.
8
9 Hoag questioned the criteria the area has to meet if it is rezoned to a short term planning
10 area. Goodwin stated that the criteria for a STPA are in the Comprehensive Plan. The Planning
11 Commission could determine whether it would meet the criteria. It has to meet the criteria prior
12 to the rezone change, or the Council would have to amend the Comprehensive Plan criteria. It is
13 a difficult issue and the Council should leave them some latitude to solve. It will require Birch
14 Bay Water and Sewer District do some cost feasibility studies to see if they could put sewer in.
15 They are currently working on those studies. In the City of Blaine Comprehensive Plan, the area
16 is designated to be served by the District under an interlocal agreement.
17
18 Knapp stated that they may want to do both, plus revisit the criteria. He did not see a
19 problem with the area going into the Blaine STPA. There may be some re- working of the
20 criteria.
21
22 Imhof moved to initiate a rezone and/or Comprehensive Plan amendments to solve the
23 health problem in the Drayton Harbor area.
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25 Benjamin stated that the original position of the Health Department. The Health
26 Department is on record for supporting public utilities on this site. It is a much better solution in
27 respect to public health.
28
29 Brenner questioned the time frame. Goodwin responded that it relates to other
30 emergencies on the docket. It is a matter of Council and Planning Commission setting priorities.
31 The small town zoning has been initiated as an emergency. Also, a man will come forward
32 during the next meeting with a request for a light impact industrial rezone in Ferndale, which he
33 will request as an emergency. There are 23 zoning issues on the docket. If Council instructs
34 Planning Commission to put it on the docket ahead of the other items, they can do that.
35
36 Sutter stated that an emergency's primary consideration is public health and safety. A
37 rezone in a light industrial area is not a public health and safety issue that would take priority
38 over this Drayton Harbor issue.
39
40 Goodwin stated that the small towns issue is more of an economic development issue,
41 which is also listed as an emergency criterion to get the economy going. Also, the City of Blaine
42 is in the process of redoing their Comprehensive Plan to take that area out of the urban growth
43 area altogether, so it is important to communicate with Blaine as soon as possible so they know
44 that it is coming.
45
Regular Council Meeting, 10/13/98, Page 8
I Brenner proposed a friendly amendment that this be considered first on the Planning
2 Commission docket.
3
4 Motion carried unanimously.
5
6 County Executive Pete Kremen announced that there is concern in Birch Bay about
7 locating adult entertainment establishments in the County. Because this area could be vulnerable
8 to the siting of such an establishment, he scrutinized the situation. Tourist commercial and
9 general commercial areas are unprotected in the Title 20 zoning regulations. Resort commercial
10 areas are protected. He requested 60 days to look at this to see how long it would take to go
11 through an appropriate process to establish regulations. The purpose of the emergency ordinance
12 allows the community the opportunity to review the situation so the community's safety, health,
13 and welfare may be kept intact while regulations are created. Once an establishment is
14 approved, its uses would be grandfathered in and future regulations would not be allowed.
15
16 Brenner questioned whether there is anywhere in the country that a jurisdiction can just
17 say no to this type of establishment. Kremen stated that the cities of Sea -Tac and Bellevue have
18 done similar emergency ordinances, then adopted permanent regulations.
19
20 Karen Frakes, Senior Civil Deputy Prosecutor, stated that it has to be allowed
21 somewhere.
22
23 Kremen stated that the County can come up with an ordinance that prohibits certain uses.
24 Tourist commercial is not the type of area that the County would want to allow that type of
25 establishment. An emergency ordinance would give the County an opportunity to do the process
26 correctly and get input from the public.
27
28 Nelson questioned whether the Prosecuting Attorney reviewed the emergency ordinance.
29 Kremen responded that the ordinance came from the Prosecuting Attorney's office.
30
31 Nelson questioned the loopholes. Kremen responded that there are unprotected areas,
32 which are tourist commercial and general commercial. The County needs to see if they want to
33 provide protection for those areas.
34
35 Dawson moved approval of the emergency ordinance.
36
37 Hoag questioned why the Council did not receive the information earlier. Kremen stated
38 that it was delivered to the Council office, and it was delivered back to his office.
39
40 Motion carried unanimously.
41
42 INTRODUCTION ITEMS
43
44 Hoag moved acceptance of the introduction items.
45
Regular Council Meeting, 10/13/98, Page 9
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Motion carried unanimously.
1. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS WITHIN A
SCHOOL ZONE — NOOKSACK ELEMENTARY SCHOOL (AB98 -365)
2. ORDINANCE CREATING THE BELLINGHAM- WHATCOM COUNTY
COMMISSION AGAINST DOMESTIC VIOLENCE AND ESTABLISHING
WHATCOM COUNTY CODE_ (CHAPTER # TO BE ASSIGNED) (AB98 -366)
3. ORDINANCE AMENDING THE BUDGET, REQUEST #9 (AB98 -367)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Hoag stated that Natural Resources Committee approved a recommendation to
request two letters from the Council. One letter to the State is regarding the State Joint
Natural Resources Committee (AB98 -197). Sutter was appointed and has not received any
notification of any meeting information. The letter requests that she be notified of all meetings,
dates, etc. The other letter to County administration requests all information received from any
County department regarding salmon and water issues are forwarded to the County Council.
Council is concerned about the Endangered Species Act (ESA) listing and the lack of
information regarding activities designed to discuss these issues. Administration has also not
informed the Council on tribal negotiations. Also, the Administrative Water Team has not
updated the Council. As County policy makers, they need to be involved.
Hoag moved to send the two letters.
Imhof stated that he would maintain a list of documents received by the Council office.
Motion carried unanimously.
Sutter stated that there is a notice of the Land Use Study Commission proposals and
recommendations to the legislature. It is important to Comprehensive and Growth Management
Act (GMA) Planning. She recommended Council make comments.
Sutter also announced that Council has been approached to meet with Recomp. Legal
stated that it is not appropriate because of potential litigation or appeal.
Nelson questioned why Council shouldn't talk to Recomp when there is no legal action.
The Council is still responsible to the public for information. Frakes stated that there is potential
litigation. There has been talk about possible litigation being considered, given statements that
were made about Recomp. She didn't know enough about the request to advise Council whether
or not they should talk.
Regular Council Meeting, 10/13/98, Page 10
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Imhof stated that there is nothing on the table for litigation. Frakes stated that she is
unsure of Brenner's appeal process. It may have the potential for reaching the County Council.
This should be discussed privately.
Brenner reminded the Council that there have been many times they were told not to do
something due to potential litigation.
Sutter stated that there is a request for Council Members to attend a neighborhood
meeting regarding the Cedar Hills West development. It is preliminary long subdivision. It
would be inappropriate for Council to speak, due to a potential appeal.
ADJOURN
The meeting was adjourned at 8:20 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on 11998.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Robert Imhof, Council Member
Regular Council Meeting, 10/13/98, Page 11