HomeMy WebLinkAboutCouncil September 29 19981
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
WHATCOM COUNTY COUNCIL
Regular Council Meeting
September 29, 1998
The meeting was called to order at 7:00 p.m. by Council Chair Robert Imhof in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Kathy Sutter
Marlene Dawson
L. Ward Nelson
Connie Hoag
Barbara Brenner
Tom Brown
ANOUNCEMENTS
Imhof announced that an amendment to the contract with Owens Davies Mackie for
legal defense of appeals of Western Washington Growth Management Hearings Board
(AB98 -120A) was discussed during executive session. The recommendation was to add
$50,000.
Sutter moved approval.
Motion carried 6 — 1 with Brenner opposed.
Imhof also announced that during Committee of the Whole executive session, the
Council was briefed by legal counsel on an appeal of Hearing Examiner's decision on file No.
CUP98 -0016, filed by Paul Gomez (AB98 -305)
Imhof moved to uphold the Hearing Examiner.
Motion carried 6 -0 with Sutter out of the room.
APPROVAL OF MINUTES
APPROVAL OF MINUTES: COMMITTEE OF THE WHOLE — JUNE 30, 1998 (8:30
A.M. SESSION AND 5:45 P.M. SESSION); AND SEPTEMBER 15,1998; REGULAR
COUNCIL — AUGUST 11, 1998
Dawson moved approval.
Regular Council Meeting, 9/29/98, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Sutter stated that on Council packet page 276, line 36, the word "water" should be
changed to "Water Resource Inventory Area."
Motion to amend carried unanimously.
Motion to approve as amended carried unanimously.
SPECIAL PRESENTATION
COUNTY EXECUTIVE PETE KREMEN — FIRE PREVENTION MONTH (AB98 -019)
Pete Kremen, County Executive, stated that October is Fire Prevention Month. He issued
a proclamation, which was read into the record. He asked that anyone associated with the fire
prevention associations in the County stand and be recognized. It is duly noted that the County
honors them for protecting the County.
OPEN SESSION
Imhof announced that there would be a 10- minute presentation.
Rodney Lund, President of the National Alliance for the Mentally Ill (NAMI) of Whatcom
County spoke. He thanked Pete Kremen, County Executive, for declaring the first week of
October to be Mental Illness Awareness Week in Whatcom County. The County provides a
housing subsidy for the severely mentally ill, and an activity center was created. The events of
next week are open to the public. On Sunday, October 4 is a candle light vigil at 7:00 p.m. at
Lee Memorial Park. Also, the organization is sponsoring a legislative forum at St. Luke's
Community Health Education Center. The organization does not give political endorsements,
but is interested in what political bodies are doing. Funding for mental health services is the
backbone of treatment. Mental illness is more common than heart disease and diabetes, yet it is
shrouded in a cloak of stigma. The insurance agencies don't cover it well. He introduced
Charles Albertson.
Charles Albertson stated that he represented only himself, not the Rainbow Center or the
clinic. The clinic's organization is hierarchical. The membership of the Rainbow Center is more
democratic. The clinic seems a bit unwieldy because there is inherent opposition of the systems.
A smaller organization may be better at this time. They need outside help to manage all of their
affairs, but they also need a smaller organization, such as the Sun Community Center.
Lund continued to state that decision - makers do good work. The state convention
honored a local council member with an award for the continued and consistent willingness to
listen to families and mental health care consumers regarding services. The council member is a
Regular Council Meeting, 9/29/98, Page 2
I member of the North Sound Regional Support Network (NSRSN). The council member was
2 County Council Member Ward Nelson. Lund introduced Dan Bilson, member of the Regional
3 Advisory Board and NAMI member.
4
5 Bilson accepted the award on behalf of Nelson at the state convention and thanked
6 Nelson for his help.
7
8 Lund presented posters to the Council and Executive. Nelson thanked Lund.
9
10 John McKay, 3030 Crestline Drive, urged the Council to support the $700,000 fund for
11 the purchase of the old growth forest for the Canyon Lake Creek Community Forest. It is a rare
12 opportunity. Of the $700,000, roughly $300,000 will come back to the County. It is really an
13 expenditure of $400,000. There is funding available in the Conservation Futures Fund. There is
14 no better use for the money.
15
16 Al Hanners, 3007 Plymouth Drive, Bellingham, supported the hiring of a dairy waste
17 inspector. Everyone is a creature of habit. People tend to ignore new regulation. People need to
18 be reminded that there is a new regulation. Also, traffic speeds up in the city near Seattle,
19 because there is not enough enforcement.
20
21 R.B. Porter, 346 S. Forest, Bellingham, representing the Whatcom County Democrats,
22 stated that people visit Europe because of the heritage in the locations. The Canyon Lake Creek
23 Community Forest is the County's chance to keep some heritage in the area. The area will last
24 for hundreds of years.
25
26 Jerry Hunter, 5531 Knight Road, Bellingham, read the Mt. Baker School District letter of
27 support of the Canyon Lake Creek Community Forest Project into the record. As superintendent
28 of the district, he expressed his support and emphasized the potential value. This is a good
29 decision by the County Council and good for the citizens and children of the County.
30
31 Bernadine Rogstad, 2132 Yew Street, Bellingham, Chair of Whatcom County Republican
32 Party, stated that the party chose three people for consideration to fill the vacated position to the
33 Washington State legislature held by Ann Anderson. The three people were ranked in
34 preference. They are Joe Elenbaas, Yvonne Goldsmith, and Marta Guevara.
35
36 Imhof stated that they would deal with it later in the meeting.
37
38 Sam Crawford, 1627 Diamond Loop, stated that the purchase of Canyon Lake Creek is
39 not a wise use because the money could be spent on a site that is more accessible. The
40 Conservation Futures Fund money could be used as incentive for property owners to conserve
41 land, or for the purpose of easements in the stream filled areas for salmon habitat. County tax
42 dollars should not be entered into the debate. The amount of old growth in the County is
43 increasing. A study stated that by the year 2000, old growth would increase in Snoqualmie/Mt.
44 Baker National Forest. He suggested the study be considered. If the issue is creating an
Regular Council Meeting, 9/29/98, Page 3
I accessible old growth forest to the County, then there are already several areas in the County. If
2 a private interest chooses to preserve the land, then it is not the County's business.
3
4 Elizabeth Kip, 3978 Nelson Road, urged the Council to support the Canyon Lake Creek
5 purchase. The Conservation Futures Fund is designed just for this. The benevolence of other
6 donors makes it possible.
7
8 Joe Elenbaas, 600 E. Smith Road, stated that the Council has been asked for money for
9 the Prosecutor's office to prosecute him. In the 3%2 years it took to get to this stage, there have
10 only been two letters that he received from the County addressing his issues. Since the end of
11 August, he received 58 pages of forms and court filings. They've ignored his comments. He
12 asked the Council to fund it out of the Prosecutor's existing budget.
13
14 Sharon Deming, no address, stated that since the 1970's, there are a lot of newer issues
15 that are related, such as mental illness and homelessness. There are a lot of social services now
16 that did not exist in the 1970's. Housing is very expensive. She recently met with organizations
17 in Spokane and found out that someone contributed money to the Aryan Nation. At the same
18 time, someone made a contribution to the Human Rights Task Force. She did not want the
19 Human Rights Task Force to be bought. She wanted to know who currently owns the Canyon
20 Lake Creek area, the terms of the contract, and more of the details of the arrangement. There are
21 a lot of taxpayers working at minimum wage. Those people should not have to pay for the water
22 that is already theirs. Residential property near railroads and freeways has a lower property
23 value, but the owners are not compensated for those facilities being located near their homes.
24 The community needs to protect taxpayers that do not live on the lake and must also ask
25 questions about the contracts that are offered.
26
27 Anthony Raab, 2834 N. Shore Road, Bellingham, stated that there are three issues. 1. He
28 supported the purchase of the Canyon Lake Creek property. The money is available. It is a
29 continuing supply of funds. It is a once in a lifetime opportunity for a small percentage of the
30 price. He supported the Mt. Baker School District position regarding the public access issues. If
31 the public is paying for it, they should be able to uses it freely. He recommended that Western
32 Washington University (WWU) work with Huxley College begin to assembling a forest
33 management plan for the property. It should exemplify the best ideas of sustainable forestry to
34 produce funds to build public facilities in the park, such as trails and bathrooms. This may
35 distress some people, but it is not the overall intent. 2. He mentioned in the past that the
36 Department of Natural Resources (DNR) has a booklet regarding the prevention of fires in
37 forested areas. DNR is willing to make a presentation to the Council regarding that information.
38 3. He asked the Council to try to find methods for giving density bonuses in exchange for
39 increased environmental planning. The Council should also consider having a public hearing on
40 the subject.
41
42 Drew Saunders, P.O. Box 6040, Bellingham, stated that the government function is to
43 preserve the health and safety of citizens. He read into the record a news article about medical
44 waste. The Public Works Committee should have met before this activity was approved. The
45 incineration business is a scam. Anyone involved is involved in gross resource mismanagement.
Regular Council Meeting, 9/29/98, Page 4
I He questioned the direction of the predominant downwind. He also read an article from the
2 September 29 issue of the newspaper, which stated that Browning Ferris Industries (BFI)
3 supports medical waste regulation, which the state does not have. He questioned how it is in the
4 general public's best interest to have this activity increased.
5
6 Fred Nowicke, 3341 Berg Road, asked for approval of the Canyon Lake Creek purchase
7 only if there is public accessibility.
8
9 (Clerk's note: End of tape one, side A)
10
11 Nowicke continued to state that Sequoia National Park preserved trees along with public
12 accessibility. Also, when the North Cascade Highway was proposed, people predicted terrible
13 things would happen. As long is there is public money, there should be good public access to the
14 road.
15
16 Joe Elenbaas, candidate to fill the State Representative seat for the 42nd district, stated
17 that if he were selected he would be the only fellow serving the County for the next two months.
18 The others are all women. The indication is that this selection may be something that could wait.
19 It is not the busy time. He submitted his resume. He would give up support for himself in
20 exchange for the Council making a choice this evening. If not, there are 60 days during which
21 County constituents are not represented. There are various issues before this position that need
22 to be acted on right away. The public has a right to be represented.
23
24 Marta Guevara, 3710 West Hills Place, Bellingham, gave her background and stated that
25 she has worked on a variety of community events, such as the Whatcom County Network for
26 Children and Families and the Ferndale Forum for Youth. She knows about issues close to
27 community members' hearts. She sought the nomination so she could serve the community.
28 The County will be richer if they appoint someone to the office who can advocate for the
29 community. She hoped the Council Members would not consider postponing a vote.
30
31 Yvonne Goldsmith, 5840 Church Road, stated that in her capacity as a Ferndale City
32 Council Member, she had become familiar with the bidding process. She will have an
33 opportunity to send in legislation to change the bidding process to include dollar amounts.
34 Jurisdictions do not have dollar amount information to use to choose their bids. She has much
35 experience in working with constituents. She is in good company with Marta Guevara and Joe
36 Elenbaas.
37
38 Imhof closed the open session.
39
40 Brenner commented that she appreciated that people want to be represented. It is
41 unfortunate that an elected official chose to resign at the time she did. She should be the person
42 representing the County. The public should speak.
43
44 Brenner moved to table until after the election.
45
Regular Council Meeting, 9/29/98, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Motion carried 4 -3 with Brown, Nelson, and Dawson opposed.
Brown stated that he considered tabling the issue. However, there are issues that need to
be handled.
Brown moved to open nominations.
Brown nominated Goldsmith.
Nelson nominated Elenbaas.
Imhof closed the nominations.
Brenner called point of order and questioned whether one could abstain. Imhof stated she
could abstain.
Dawson and Brown voted for Goldsmith, Nelson and Hoag voted for Elenbaas, and
Imhof, Brenner, and Sutter abstained.
There was no appointment.
CONSENT AGENDA
Dawson reported for Finance and Administrative Services Committee and moved
approval of items 2 — 5.
Brenner withdrew item #4
Motion to approve items 2, 3, and 5 carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PURCHASE AGREEMENT WITH THE TRUST FOR PUBLIC LAND AND THE
WHATCOM LAND TRUST TO PURCHASE THE CANYON LAKE CREEK OLD
GROWTH FOREST UTILIZING CONSERVATION FUTURE FUNDS NOT TO
EXCEED $700,000, WITH THE REMAINING $2,992,000 IN PURCHASE FUNDS TO
BE PROVIDED BY THE PAUL G. ALLEN FOREST PROTECTION FOUNDATION,
CROWN PACIFIC TIMBER, AND AN ANONYMOUS DONOR (AB98 -346)
Dawson stated that there was unanimous support of the purchase plan with the
amendment that it would done with clarification of a management plan for the 1700 acres, which
are outside from the 600 acres of old growth. It was agreed that having 600 acres of old growth
with trees ranging in age from 800 — 1000 years old is unique and warrants preservation. The
concern comes with setting aside 1700 acres for passive management. For example, the County
would not consider it right or appropriate to set aside 1700 acres of farmland to sit idle. Likewise,
Regular Council Meeting, 9/29/98, Page 6
I it is imperative that long -term utilization of the second growth is clearly identified for education,
2 research, and sustainable forest. Opportunities would be available on a rotation basis for a
3 demonstration of forestry practices, in addition to a variety of areas for study and research. On
4 the tour, the second growth was identified as prime areas for forestry research on past practices, as
5 well as geology. On- going, long -term practices must also be studied. Not mentioned was the
6 need to research and study an entire watershed and how present and future forestry practices in
7 active areas can be compared with virgin areas and water quality. To that end, Pat Jones has
8 presented the following proposal. Regarding the conservation easement to Canyon Lake Creek
9 old growth forest, he would contribute $50,000 in order to design, develop, and monitor a long -
10 term watershed program from the lake sub - basin. The program would include system hydrology,
11 surface water run -off, and water quality elements. Special emphasis would be on changes and
12 interaction of forest practices with the natural ecosystem and to develop quantitative models of
13 portions of the basin, which remain in undisturbed condition. The models would be a basis for
14 comparable systems elsewhere. This educational proposal would be one of those that would be
15 considered in the easement agreement.
16
17 Dawson moved approval of the purchase with clarification of management to be made by
18 all parties concerned.
19
20 Imhof questioned whether legal had reviewed the amendment. Dawson responded that it
21 would be a management program for the second growth.
22
23 Nelson clarified that there are several parties involved.
24
25 Roger DeSpain, Whatcom County Parks and Recreation Department, stated that the
26 parties involved are the Whatcom Land Trust, Western Washington University (WWU), and
27 Whatcom County. The plan is to have the management group get together annually to discuss
28 how it is to be managed throughout the year. It would be a community forest, with those three
29 agencies working together to make it work. Also, a conservation easement is in draft form,
30 which would be put together similar to the Nessett Farm conservation easement with a Council
31 Member working on the document to finalize the agreement.
32
33 Imhof asked if the amendment was appropriate.
34
35 Rand Jack, Whatcom County Land Trust, stated that the understanding is that there are
36 two things that need to be agreed upon. One is wording in conservation easement for
37 management of the second growth forest. There would not be a problem with the suggestions
38 that were made. The last proposal regarding watershed studies is intriguing. They are very
39 expensive studies. The second thing to be accomplished is an agreement between the three
40 agencies on the basic management decisions. The agreement would be a structure that would say
41 who made which decisions, how those decisions were be made, who took which responsibilities,
42 and how those responsibilities were allocated. If the proposal is approved, it would be subject to
43 an agreement on the terms of the conservation easement, which must take into consideration
44 other contributing grants. Also, there would be a joint management agreement. He was
45 optimistic that those two items should be worked out next week.
Regular Council Meeting, 9/29/98, Page 7
2 Brenner stated her support of the motion, if it is made in the context that whatever
3 management to be done is with the total support from all three parties. If there is not an
4 agreement, the purchase should still go ahead.
5
6 Brown stated that it seems as if access to the public is an agreed upon matter. He
7 questioned whether accessibility has been addressed. Dawson replied that it was addressed.
9 Brown stated that Sam Crawford made a presentation during Open Session regarding this
10 purchase adding to our heritage. There are already thousands of acres of old growth readily
11 available in the Mt. Baker area.
12
13 Hoag stated that there was also talk from the Mt. Baker School District about
14 accessibility and mobility problems. That hadn't been addressed. If a trail with water bars is
15 created from the Canyon Lake to the old growth, it would be difficult for people with mobility
16 problems to use. She would like to see the campgrounds go forward. Also, she was concerned
17 about this much money being taken out of the Conservation Futures tax because of all the other
18 things for which it is needed, but she supported the purchase.
19
20 Sutter stated that she would support the purchase, with caveats. There is a concern with
21 the Endangered Species Act (ESA) listing and the need to put the money in areas that will serve
22 the dual purpose of also preserving salmon habitat in order to reverse the current problem. Also,
23 there is a concern about level of service. The County has determined the amount of acres
24 available for parks and trails per thousand people in the County. With the Nessett Farm
25 purchase, the level of service has been greatly exceeded. It is even too high with the amount of
26 people who actually utilize the parks and trails. The County should not add more until there is
27 more utilization of parks and trails. Parks need better access. In the future, she will change her
28 criteria as to what constitutes a wise purchase.
29
30 Brenner stated that the County doesn't have the luxury to space out good opportunities.
31 This area and the Nessett Farm are two operations that would pay for themselves. The only flaw
32 of this purchase is that it comes on the heels of another project.
33
34 Nelson asked for clarification on the amendment.
35
36 Hoag questioned whether the watershed studies were a part of the amendment. Dawson
37 responded that those studies would be part of the management plan, which could be incorporated
38 into it. It does not require the studies.
39
40 Nelson stated that the amendment included the conservation easement and the
41 management plan. Dawson clarified that it is just a management plan, which may or may not
42 include a watershed study.
43
44 Nelson stated that it is contingent upon what is worked out in an agreement with the
45 parties.
Regular Council Meeting, 9/29/98, Page 8
2 Hoag clarified that it would be brought back to the Council for approval.
3
4 Motion on the amendment carried unanimously.
5
6 Motion to approve as amended carried unanimously.
7
8 Pete Kremen, County Executive, commended the Council for the passage of the motion.
9 This is something that the Council Members can look back on and be proud of The Council
10 asked good questions and did not rubber -stamp the issue. He also thanked Paul Allen and his
11 generosity, Rand Jack of the Land Trust, and Roger DeSpain for their efforts
12
13 Hoag also thanked Russ Paul from Crown Pacific.
14
15 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT
16 AGREEMENT WITH THE NORTH SOUND REGIONAL SUPPORT NETWORK, TO
17 PROVIDE FUNDING FOR MENTAL HEALTH ADMINISTRATION PLANNING
18 AND COORDINATION, AND FOR COMMUNITY SERVICES FOR RESIDENTS OF
19 WHATCOM COUNTY, IN THE AMOUNT OF $111,954 (AB98 -347)
20
21 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
22 AGREEMENT WITH THE BUREAU OF INDIAN AFFAIRS (BIA) FOR FEDERAL
23 MATCHING FUNDS FOR POTTER ROAD BRIDGE REPLACEMENT IN THE
24 AMOUNT OF $76,053, WITH THE BIA SHARE OF $60,843, AND WHATCOM
25 COUNTY'S SHARE IN THE AMOUNT OF $15,210 (AB98 -348)
26
27 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
28 CONTRACT BETWEEN THE WHATCOM COUNTY SHERIFF'S OFFICE AND
29 PARADISE LAKES COUNTRY CLUB, FOR THE TIME FRAME OF OCTOBER
30 THROUGH DECEMBER 1998, FOR REIMBURSABLE SERVICES FOR TWO
31 DESIGNATED DEPUTIES ASSIGNED TO THE PARADISE LAKES AREA, IN THE
32 AMOUNT OF $85,000, AND WHATCOM COUNTY'S SHARE IN THE AMOUNT
33 OF $13,000 (AB98 -349)
34
35 Brenner stated that she supported the concept, but a constituent from the area stated that
36 the community would become defunct in the near future. She questioned the protection the
37 County would have if the community became defunct.
9H
39 Imhof stated that the amount is less than the private security they are currently paying for.
40 All the property would become the property of Whatcom County.
41
42 Dave Wareing, Deputy Administrator, stated that the County would have two options. 1.
43 Pick up the funding for the two positions, or 2. Lay the positions off.
44
Regular Council Meeting, 9/29/98, Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Brenner asked if the County would get paid up front. Wareing confirmed that it covers
all costs and equipment costs for the last quarter of the year.
Hoag disagreed philosophically and stated that the County should fully fund all law
enforcement. These are Whatcom County roads that will be covered. However, she would
support it because the community asked for it. A satellite station would be much preferred.
Dawson moved approval.
Motion carried unanimously.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY JUVENILE COURT
ADMINISTRATION AND DEPARTMENT OF SOCIAL AND HEALTH SERVICES,
JUVENILE REHABILITATION ADMINISTRATION, REGARDING
IMPLEMENTATION ACTIVITIES SURROUNDING THE COMMUNITY JUVENILE
ACCOUNTABILITY ACT (CJAA) IN THE AMOUNT OF $25,283 (AB98 -350)
PUBLIC HEARING
1. ORDINANCE AMENDING ORDINANCE 84 -22, TO BRING WHATCOM COUNTY
CODE 2.09 INTO CONFORMANCE WITH THE WHATCOM COUNTY CHARTER
(AB98 -337)
Brenner questioned whether this had already been done. Imhof read the proposed
changes into the record.
Brown stated it also changes the appointment process to the Public Defense Advisory
Rome I
Brenner questioned the purpose of the change in the appointment process. Karen Frakes,
Senior Civil Deputy Prosecutor, stated that the ordinance brings it in conformance with the
County Charter, which has specific rules about appointments.
Brown stated that it is under administration. Sutter stated that they don't serve at the will
of the Council.
Hoag questioned deleting language regarding dependency petitions. Imhof stated it is
state law.
Imhof opened the public hearing, and hearing no one, he closed the public.
Nelson moved approval.
Regular Council Meeting, 9/29/98, Page 10
2 Motion carried unanimously.
3
4 2. ORDINANCE REVISING WHATCOM COUNTY CODE SECTION 15.24
5 REGARDING MANUFACTURED HOME INSTALLATIONS (AB98 -338)
6
7 Sam Ryan, Planning and Development Services Building and Codes Division Manager,
8 stated that the proposed changes deal with increasing life safety issues. It was discussed in
9 Planning Committee and changed wording was proposed. Changes deal with pre -1976 mobile
10 homes. The other major change deals with getting the mobile home ordinance in compliance
11 with FEMA regulations. The change in wording is on page three of the proposed ordinance.
12 "GUIDELINES FOR THE INSTALLATION AND ANCHORING OF MANUFACTURED
13 HOUSING IN WASHINGTON STATE. (September 20, 1996). Used mobile homes older- than
14 1976 of labeled by uTm are of to be installed in A4:i t,,,,f r,,u *t) Used mobile homes
15 older than 1976 , require a fire life safety inspection by the state Department
16 of Labor and Industries prior to building permit issuance.
17
18 Brown questioned whether the change requires someone who currently owns a mobile
19 home to make the modifications. Ryan stated that it is only required if there is a remodel or
20 relocation. The checklist used is the same as is used by the state Department of Labor and
21 Industries.
22
23 Imhof opened the public hearing and the following people spoke:
24
25 John Coons (sp ?), 838 West Axton, stated that he managed a mobile home park. This
26 requirement would help a new purchaser see if they are getting a good deal. New buyers aren't
27 aware of all the things they should know on the older homes that don't meet federal Department
28 of Housing and Urban Development (HUD) standards
29
30 Forest McElroy, 8635 Golden Valley Drive, Sumas, was a Paradise Lakes resident in
31 favor of the bill. Mobiles have come in that are in very poor condition. They create fire hazards.
32
33 Hearing no one else, Imhof closed the public hearing.
34
35 Sutter moved approval with the unanimously recommended changes from the Planning
36 Committee.
37
38 Imhof questioned whether the language in the ordinance included the purchase of mobile
39 homes. Karen Frakes, Senior Civil Deputy Prosecutor, stated that County does not regulate
40 those sales.
41
42 Motion to adopt as amended carried unanimously.
43
44 (Clerk's Note: End of tape one, side B.)
45
Regular Council Meeting, 9/29/98, Page 11
1 3. ORDINANCE AUTHORIZING A CHARGE TO PROVIDE REVENUE FOR THE
2 ACME/VANZANDT SUB -ZONE FLOOD CONTROL ZONE DISTRICT, SETTING A
3 DUE DATE FOR PAYMENT OF SERVICE CHARGES AUTHORIZING
4 COLLECTION OF INTEREST AND PENALTIES ON DELINQUENT PAYMENTS
5 OF ASSESSMENTS AND ESTABLISHING PROCEDURES FOR RECORDATION
6 AND FORECLOSURE OF LIENS RESULTING FROM DELINQUENCIES (AB98-
7 279A)
9 Ed Henken, Public Works Engineering Division Manager, stated that the ordinance
10 reflects the amendment requested by the Council at the last meeting regarding the inclusion of
11 properties within 200 yards from the ordinary high water mark of the Nooksack River. It also
12 reflects the changing values of the properties and a greater difference between the properties
13 located within the flood plain and out of the flood plain.
14
15 Imhof opened the public hearing and the following people spoke:
16
17 Bob Knutzen, Acme/Van Zandt Sub -Zone Flood Control District Board Member, asked
18 the Council to provide funding to do what they need to do. The taxpayer will pay one way or
19 another. The current proposal is fair to everyone involved.
20
21 Hearing no one else, Imhof closed the public hearing.
22
23 Hoag moved approval.
24
25 Nelson stated that he was concerned with the amount of changes. Council gave the Flood
26 Control Zone District Advisory Board the responsibility to create a countywide flood plan, which
27 they have done. There is now a mechanism for funding Sub -Zone Flood Control Districts to
28 address their specific areas and problems. Those districts' ability to fund projects has now been
29 reduced. He hoped to now move forward to help the districts protect citizens from flood
30 impacts. Council must realize this will be controversial, however it should be approached from a
31 countywide perspective. It is an opportunity for the Council to act in a bold and decisive manner
32 and he urged Council to take action and come up with solutions.
33
34 Hoag stated that her concern is that it does not raise enough funds. The people within the
35 flood zone should pay three times the County general assessment. She gave examples of the
36 amounts that would be assessed on certain property valuations. It would be reasonable for the
37 people that are getting the more direct benefit to give more money to the sub -zone flood control
38 districts. If this were something that does not go forward, then she would like to bring
39 something else forward. The costs of the projects on the river are growing substantially because
40 of fish mitigation and other similar activities. The County needs to take a look at the general
41 countywide tax to determine if there is a need to change the proportion to 80/20. Public Works
42 Committee will look at the issue at the next meeting.
43
44 Hoag moved to increase the assessment for the parcels within the flood plain to three
45 times the general flood assessment.
Regular Council Meeting, 9/29/98, Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Imhof spoke against the issue. The flood plain as a whole would need to be reviewed. It
needs to be put into committee to be discussed.
Sutter stated that people who contribute to the problem need also to be properly assessed.
Brenner stated that people who contribute in minor ways already pay the general flood
tax. It is not fair to tax someone outside the flood plain twice unless they measurably contribute
more to the flooding. She supported the motion. The County needs to make sure the people
within the flood plain or within 200 yards of the river would be included in the funding. She
suggested funding the districts their full budgeted amount from the general fund for 1998.
Brown stated he would not support the motion because he has not had a chance to review
it. He won't support an ordinance until historical funding of projects has been reviewed.
Hoag clarified that she brought this issue forward two weeks ago and was told to bring it
up at this meeting.
Motion to amend failed 2 -5 with Hoag and Brenner in favor.
Brenner moved to leave everything the way it is and the 30% should come out of the
current expense general fund.
Brown stated that if people can demonstrate an increased flooding responsibility, then
those people outside the flood plain should be charged. There are people outside the floodplain
that do work to mitigate the effects on the flood plain. They receive no recognition. He
supported Brenner's amendment.
Motion failed 2 -5 with Brenner and Brown in favor.
Nelson questioned why the County couldn't use the general flood control tax. Jeff
Monsen, Public Works Director, stated that the flood funds could be used for any of these
projects. Nelson would like to put it into committee to examine how to solve projects that could
be done this year.
Nelson suggested that this be discussed in Public Works Committee to look at the general
flood control tax to fund the difference in the budgeted amounts needed by the districts.
Brenner moved to amend to: 1. Take the money for the 30% of the countywide flood
zone assessment on all parcels outside the 100 -year flood plain and greater than 200 yards from
the ordinary high water mark to come out of the general flood fund, and 2. Put into committee to
work on this further.
Regular Council Meeting, 9/29/98, Page 13
I Hoag clarified Brenner's amendments and stated that the portions outside of the flood
2 plain that are required to pay 30% of the assessment instead be obtained out of the general flood
3 fund.
4
5 Motion failed 3 -4 with Brenner, Hoag, and Brown in favor
6
7 Ordinance carried 5 -2 with Brenner and Brown opposed.
9 Nelson wants the item in committee to evaluate the flood control tax being utilized to
10 make up the difference between the proposed budget of the districts and the amount that would
11 be funded.
12
13 4. ORDINANCE AUTHORIZING A CHARGE TO PROVIDE REVENUE FOR THE
14 LYNDEN/EVERSON SUB -ZONE FLOOD CONTROL ZONE DISTRICT, SETTING
15 A DUE DATE FOR PAYMENT OF SERVICE CHARGES AUTHORIZING
16 COLLECTION OF INTEREST AND PENALTIES ON DELINQUENT PAYMENTS
17 OF ASSESSMENTS AND ESTABLISHING PROCEDURES FOR RECORDATION
18 AND FORECLOSURE OF LIENS RESULTING FROM DELINQUENCIES (AB98-
19 280A)
20
21 Imhof opened the public hearing and the following people spoke:
22
23 Ron Bronsema, Lynden/Everson Sub -Zone Flood Control District, urged the Council to
24 support the matter. This is the same as discussed with the prior item. The district is also
25 working on implementation of the County Flood Hazard Management Plan (CFHMP).
26 Implementation began with the sub - zones. They are working on bringing the County into
27 compliance with the Army Corps of Engineers' PL8499 program with the levies. The Corps will
28 take over the levy system in Whatcom County. It will save the taxpayers a lot of money. The
29 Corps will pay a minimum of 80% of anything that needs to be done, once the County is under
30 their program. Also in the budget for the Lynden/Everson sub -zone for 1999 is flood hazard
31 planning and modeling to comply with the Federal Emergency Management Act (FEMA)
32 regulations. FEMA will institute buyouts in the areas that are designated hazardous. It will be
33 federal, not County, money.
34
35 Nelson questioned the control mechanism that would be imposed upon the County if the
36 Army Corps of Engineers pay 80% of the money. Bronsema stated that the criterion is that the
37 levies are a minimum of a five -year flood event plus one -foot. If there is a levy breach, they will
38 take control.
39
40 Robin Dexter, Purse Seine Vessel Owners, questioned whether projects that come before
41 the Council have come through the Flood Control District Advisory Committee (FCZDAC).
42 Imhof responded that they have. They come from the sub - zones, to the FCZDAC, and then to
43 the Council.
44
45 Hearing no one else, Imhof closed the public hearing.
Regular Council Meeting, 9/29/98, Page 14
2 Hoag moved approval.
3
4 Brenner moved to amend that the money that would be funded by people outside the 100-
5 year flood plain and outside the 200 -foot high water mark be paid out of the general flood fund.
6
7 Motion to amend failed with 2 -5 with Brenner and Brown in favor
9 Motion to adopt carried 5 -2 with Brenner and Brown opposed.
10
11 5. ORDINANCE AUTHORIZING A CHARGE TO PROVIDE REVENUE FOR THE
12 SUMAS/NOOKSACK/EVERSON SUB -ZONE FLOOD CONTROL ZONE DISTRICT,
13 SETTING A DUE DATE FOR PAYMENT OF SERVICE CHARGES AUTHORIZING
14 COLLECTION OF INTEREST AND PENALTIES ON DELINQUENT PAYMENTS
15 OF ASSESSMENTS AND ESTABLISHING PROCEDURES FOR RECORDATION
16 AND FORECLOSURE OF LIENS RESULTING FROM DELINQUENCIES (AB98-
17 281A)
18
19 Imhof opened the public hearing and the following people spoke:
20
21 Bob Mitchell agreed with Council that a wider scope of financing would have to be
22 explored to enforce the County Flood Hazard Management Plan (CFHMP). They have spent
23 two years of their appropriation with the projects that have already been completed within the
24 sub -zone, such as the Everson bank stabilization project and the Swift Creek dredging project.
25 He volunteered the County Flood Control Zone District Advisory Committee (FCZDAC) meets
26 with the sub - committee to provide a greater fee basis for the continued implementation of the
27 plan.
28
29 Robin Dexter stated that the Department of Ecology (DOE) and the Department of Fish
30 and Wildlife are preparing budgets for the next budget cycle, which have considerable amounts
31 of money for Endangered Species Act (ESA) related work and watershed re- mediation. When
32 the countywide flood process began, it wasn't anticipated. Some salmon money may wind up in
33 flood issues. All the water issues are related.
35 Fred Nowicke, 3341 Berg Road, chair of the Sumas /Everson/Nooksack Sub -Zone Flood
36 Control District, stated that he heard that if people in the flood plain are dumb enough to live
37 there, then they should carry the burden. One way or another, everyone in the district contributes
38 or benefits. There is a good program for the Swift Creek area. This is the first year that a lot of
39 money has been spent. Swift Creek looks better than in the past 20 years. The Everson Park
40 project is done. General flood funding was cut in half 1 %2 years ago, which is why the sub -zones
41 were formed. These programs are people oriented. Everyone should be concerned. His sub -
42 zone is not in the flood plain, but everyone participates. The County should fund the program.
43
Regular Council Meeting, 9/29/98, Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Mike Parker, 3421 S. Pass Road, Sumas /Everson/Nooksack Sub -Zone Flood Control
District, invited Council Members to visit their projects, including Swift Creek. They need more
action and people working together. Everyone is affected by the projects.
Hearing no one else, Imhof closed the public hearing.
Nelson moved approval.
Brenner moved to amend to state that the 30% that would be funded by people outside
the flood plain and outside the 200 foot high water mark be paid out of the general flood fund.
Brown stated that this district committee has not responded to the people who have
concerns. Also, he expressed respect for the work that has been done. However, people cannot
afford to pay an increased assessment. It is time to realize that the County was historically
responsible for public health and safety. This should be funded by the County to relieve the
burden.
Motion to amend failed 3 -4 with Brenner, Brown, and Hoag in favor.
Motion to adopt carried 5 -2 with Brenner and Brown opposed.
(Clerk's Note: a five- minute break was taken)
OTHER ITEMS
1. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST NO. 8 (AB98 -315)
Dawson reported for Finance and Administrative Services Committee and stated that the
Committee approved all 13 items, including an amendment to item 1, and moved to approve all
items. The amendment to the first request regarding replacing funds into the Tort Fund would
increase the amount to a total of $229,683.33.
Dave Wareing, Deputy Administrator, stated that the total to be added to the Tort Fund
had been amended again for a total of $239,949.18.
Wareing described the calculations the administration used to arrive at the final request.
Brenner questioned the status of the state auditor's written report. Wareing stated that
there is not yet a report. Administration prepared an answer to the questions that were provided
to the state auditor. They have delayed providing their answers until the state auditor's report is
complete. However, the information is available. He also asked the Prosecuting Attorney to
answer questions more fully, which has also been done.
Regular Council Meeting, 9/29/98, Page 16
I Brenner would like to see all the information before anything is done. Wareing stated that
2 this is before the Council because the administration has pressured the contractor to provide
3 information. They have refused to come to the Council until A -1 provides more documentation.
4 Documentation has now been submitted, along with the proposal for settlement. The proposal
5 reduces some expenses, which produces a possibility of saving approximately $78,000 based on
6 what the County allegedly owes. The proposed amount is close to what the County would have
7 to pay if the issue goes to litigation. The contractor stated that if this is not acceptable, the offer
8 would be withdrawn and he would pursue other action.
9
10 Brenner stated that the story is the same as the one they heard when the Council was asked
1 I for $70,000, because if the County went to court, it would cost more. She wanted to know the
12 final outcome before any more money is spent.
13
14 Wareing outlined the run -down of the amounts. Handout on file.
15
16 (Clerk's note: End of tape two, side A)
17
18 Wareing continued the summary of the calculations.
19
20 Nelson questioned the original amount of the request. Wareing stated that the original
21 amount was up to $70,000, which included $20,000 for the Public Works Department to do
22 grading and fill work. The current request does not include that grading and fill work. It has
23 been done and is being handled internally. Randy Watts, Senior Civil Deputy Prosecutor, told
24 him that 436,000 gallons of liquid and 240 cubic yards of human waste was removed from the
25 site. The assistant state auditor will submit a written report. He hoped the report would be filed
26 within a couple of weeks, but they have no control over that.
27
28 Dawson called for the question and reiterated her motion to approve all 13 items in the
29 budget modification request. Regarding item #1, the Council requested that a job be performed.
30 The cost of the job has been reviewed and it is now necessary to move on and learn from the
31 lessons that have occurred.
32
33 Imhof stated that the adjusted amount for item #1 in the budget modification request is for
34 $239,949.18.
35
36 Hoag stated she would like to discuss items #1 and #12.
37
38 Brenner stated the Council couldn't learn from it and move on until they receive the state
39 auditor's report. She wanted to postpone approval of item #1 until the report is received. The
40 County Council has been accused of being responsible for the problems. She spoke with the
41 state auditor and the report should be made public before anything is done.
42
43 Brown stated that he wouldn't support #1 until the auditor's report is available. He
44 would like to discuss items #10 and 412. Item #10 is regarding additional Prosecuting Attorney
45 staffing. The office received increased funding and the workload was to go down by 30% as a
Regular Council Meeting, 9/29/98, Page 17
I result of the City of Bellingham taking over their court actions. He questioned why the County
2 is adding more staff if the workload was to go down and staff was already increased. The money
3 should instead be used to cover some of the people within the staff.
4
5 Wareing stated that quite a few of Bellingham's caseload still goes through the County
6 system. Also, the backlogged caseload is now being done. Additionally, the Prosecuting
7 Attorney received funding from the High Intensity Drug Trafficking Area (HIDTA) grant that is
8 being done on the border to deal with drug cases so prosecutors aren't used for other cases.
9
10 Dawson stated that it is grant money. Brown stated that he has not seen anything to
11 substantiate that the caseload has risen. He questioned why the caseload hasn't gone down, and
12 whether the additional staff is really necessary.
13
14 Imhof stated that there are added convictions on drug cases of people coming through the
15 border. This comes from a grant specifically for those kinds of uses.
16
17 Brenner agreed with Brown. The County doesn't need more prosecuting attorneys. She
18 had hoped that once Bellingham took over their caseloads, the County would reduce the
19 Prosecuting Attorney's staff by attrition.
20
21 Brenner moved to eliminate items # 1, # 10 and # 12.
22
23 Hoag questioned whether grant money could be applied to existing personnel. Wareing
24 responded that he did not know. The grantors want additional personnel to deal with the
25 particular issue.
26
27 Nelson stated that the County cannot use a grant to supplant something that is currently
28 funded. The County needs to make sure appropriations are used appropriately. The state made a
29 decision to allow Counties extra funding for mandates that are imposed. Public safety concerns
30 have been addressed at the state level. They have made the decision that they would utilize this
31 mechanism. It is fool - hardly to not use every opportunity available to the County to utilize funds
32 other than the County tax revenue base. Taxes are paid into the state coffers to come back to
33 local communities to help them at the local level. Local control is what the County has wanted.
34
35 Hoag proposed a friendly amendment to approve only the original $135,000 in item #1,
36 and the positions requested in item #12 be changed to a Land Specialist I and a Clerk III.
37
38 Sutter called point of order.
39
40 Brenner accepted Hoag's friendly amendment.
41
42 Imhof split the motion to amend #1. The first motion is to appropriate $135,000 into the
43 Tort Fund.
44
45 Motion failed 3 -4 with Brenner, Brown, and Hoag in favor
Regular Council Meeting, 9/29/98, Page 18
2 Brenner moved that the requested positions in item #12 be changed to a Land Use
3 Specialist I and clerk.
4
5 Hoag stated that this is coming forward to provide personnel to enforce the Portage Bay
6 Manure Ordinance. However, the job descriptions go beyond enforcing the ordinance. The job
7 description for the Land Use Specialist I includes performing field and site inspections to
8 identify issues, insure compliance, make field determinations, interpret applicable legal
9 mandates, take appropriate action to enforce or refer infractions and violations to the appropriate
10 agency, etc. The Land Use Specialist II deals more with reviewing and approving land use and
11 building permits. In light of the tight budget, the County should sufficiently staff the positions,
12 but should not staff above and beyond what is required. The Land Use Specialist I and a clerk to
13 back up the Land Use Specialist I should be approved.
14
15 Roland Middleton, Planning and Development Services Land Use Manager, stated that
16 the difference between Land Use Specialists I and II is the ability to work directly with the
17 Prosecutor. When his division moves forward with prosecution, he does the work. The Council
18 is paying his salary to do the job duties of a Land Use Specialist II. If the Council wants to cut
19 back a land use specialist position, then cut back the Land Use Specialist I position and leave the
20 Land Use Specialist II position. Paying the enforcement officer out of class pay on a full -time
21 basis would cost more than hiring a Land Use Specialist II.
22
23 Brown questioned whether it is anticipated that the Land Use Specialist II position would
24 do enforcement. Middleton responded that it isn't the intent. That position will do on -site
25 enforcement and also work with the Prosecuting Attorney's office.
26
27 Sutter stated that when the Portage Bay Closure Response Strategy was adopted, the
28 Council stated they would provide the County two positions, one an inspector and the other an
29 enforcement person. A clerk cannot fill either position. Also, these positions would not spend
30 100% of their time doing manure inspections and enforcement, so they need to be qualified to do
31 other things. If the division needs more clerks, it should be requested during the budget cycle.
32
33 Brown questioned whether the positions would also enforce the Critical Areas Ordinance
34 and similar regulation. Middleton responded that they would, only as time allows.
35
36 Hoag expressed a concern about the staff being dedicated to code enforcement. She
37 understood that the current enforcement officer is also the State Environmental Protection Act
38 (SEPA) official. Middleton responded that the SEPA officer is a Senior Land Use Specialist. He
39 made it clear he is not bringing this forward on his own initiative. He is responding to the
40 adoption of the manure ordinance through the Water Team recommendation. The Water Team
41 estimated it would cost $181,000. He has reduced the request from the original proposal.
42
43 Brenner withdrew her motion to remove item # 12.
44
Regular Council Meeting, 9/29/98, Page 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Brown stated that, regarding item #10, staff could be switched to work under grant
funding if it is documented.
Brown moved to remove item #10.
Motion to remove #10 failed 3 -4 with Hoag, Brenner, and Brown in favor.
Motion to adopt as amended carried 5 -2 with Brenner and Brown opposed.
2. ORDINANCE AMENDING ORDINANCE 97 -073, AUTHORIZING EXCESS CASH
IN CERTAIN FUNDS TO BENEFIT SAME (AB98 -336)
Dawson reported for Finance and Administrative Services Committee and moved
approval.
Motion carried unanimously.
(Clerk's Note: The Chair moved to item #4)
3. RESOLUTION AUTHORIZING THE EXECUTIVE TO ENTER INTO A
MEMORANDUM OF AGREEMENT WITH THE LUMMI NATION, CITY OF
BELLINGHAM, AND WHATCOM COUNTY PUBLIC UTILITY DISTRICT NO. 1,
SUBMITTED BY THE LUMMI INDIAN BUSINESS COUNCIL CONCERNING
ESHB 2514 (AB98 -351A)
Nelson moved approval.
Motion carried unanimously.
(Clerk's Note: The Chair moved to agenda item #5)
4. MEMORANDUM OF AGREEMENT WITH LUMMI NATION, CITY OF
BELLINGHAM, WHATCOM COUNTY PUBLIC UTILITY DISTRICT NO. 1, AND
WHATCOM COUNTY SUBMITTED BY THE LUMMI INDIAN BUSINESS
COUNCIL (AB98 -351)
Hoag reported for Natural Resources Committee and stated that Barry Hill, Whatcom
County Water Resources Coordinator, presented amendments, and it was recommended for
adoption with the changes that had been proposed by Hill.
Hoag so moved.
Motion to approve amendments carried unanimously.
Regular Council Meeting, 9/29/98, Page 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Sutter moved to amend to add a phrase to the next to the last sentence to state, "protected
material originating from the Lummi Nation shall not be offered into evidence in any legal or
administrative proceeding regardless whether the Lummi Nation is a parry to that proceeding
without the consent of the Lummi Nation." This restricts them from bringing forward
information that is their own protected material.
Hoag stated that it was brought forward during Natural Resources Committee, but it was
not voted on. The consensus was that it was already covered under the language of protected
material.
Sutter moved the language.
Brown commented that part of the discussion regarded if the Lummi Nation chose not to
call the materials protected that it was additional language, which was not necessary. If they
agreed to let it go, it was not classified as protected material.
Hoag stated that the committee did not disagree with Sutter's recommendation. The only
concern was that the other agencies would have to approve the agreement again.
Sutter questioned whether this was a substantive change that would have to go through the
system.
Hill stated that it would have to go through the system
Sutter withdrew the motion and stated her concern for the record. It may, in the future,
create problems. In addition, the composition of the planning unit states the names of certain
entities that may be a part of the planning unit. Other names should also be included which have
been left out. Also, it was not clear how science is used to determine water rights, which is a
legal issue. There is a concern with the terms "junior" and "senior users" and their definition.
Also, it was an error made in the original contract with the Department of Ecology (DOE) which
stated that the in- stream and out - stream rights would be estimated. The County needs hard
figures. There is no time specified under termination/preservation of rights to give notice to
terminate. Lastly, the next to last bullet removed language "data" as inadmissible. Plans and
agreements should be admissible.
Nelson moved approval.
Motion to approve as amended carried unanimously.
(Clerk's Note: Chair continued with the agenda item #3)
5. ORDINANCE AMENDING ORDINANCE 97 -054, AUTHORIZING A CHARGE TO
PROVIDE REVENUE FOR FLOOD CONTROL ZONE DISTRICT SUB -ZONES
(AB98 -316)
Regular Council Meeting, 9/29/98, Page 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Brenner reported for Public Works and Capital Projects Committee and moved to amend
language on Council packet page 189 to state, "Now be it finally provided... will be issued
e ftm e f $2-5-. no longer pay a Sub- Zone Flood Control District fee."
Hoag questioned how it meshed with the previous item, which charged 30 %. Brenner
stated there was a caveat that a property that met the above qualification would not pay unless
the property can be shown to significantly or measurably contribute to flooding.
Hoag questioned the effect of other ordinances if Council voted to approve.
Nelson stated that the fee would still be collected, but not after this year. The proposal is
to amend the existing ordinance.
Imhof stated the effect of the proposed amendment is to not charge an assessment outside
of the flood zone unless they are within 200 feet of the high water mark, or show a measurable
contribution.
Dawson stated that if an individual has a concern about not being part of an area, there is
an avenue available for them. She would prefer to leave it at that.
Hoag clarified that if it was passed, clarification should be included that makes it clear
that this would begin after 1998.
Brenner stated that the Council is not talking about people in a different watershed, but
people in the watershed who don't significantly contribute to the flooding.
Nelson stated that there is no definition to "measurable." Brenner stated that the Sub -
Zone Flood Control District Committee could define and measure it.
Hoag proposed a friendly amendment that "1998" is added.
Brenner accepted the friendly amendment.
Motion to amend failed 3 -4 with Hoag, Brenner, and Brown in favor.
Dawson stated that committee determined that the ordinance was not legal.
There was no motion to adopt.
6. RESOLUTION APPROVING THE CHANGE OF CONTROL OF WHATCOM
COUNTY'S CABLE COMMUNICATIONS FRANCHISE (AB98 -343)
Brenner reported for Public Works and Capital Projects Committee and stated that this
only adds AT &T to the franchise. The contract does not change. She moved approval.
Regular Council Meeting, 9/29/98, Page 22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Motion carried unanimously.
7. 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 (AB98 -169F)
Sutter reported for Planning and Development Committee and stated that this ordinance
was most recently adopted as an emergency in September and is due to expire in November. The
committee recommended scheduling a Committee work session next week. It was held in
committee.
Council concurred to schedule the work session on Friday, October 9, 1998 beginning at
1:00 p.m. in the County Council Committee Room.
Brenner stated that there was discussion in committee to hold the meeting at the Planning
& Development Services Department offices.
8. ORDINANCE ADOPTING ZONING OVERLAY MAPS TO IMPLEMENT THE
SHORT TERM PLANNING AREAS DESIGNATED IN THE OFFICIAL WHATCOM
COUNTY COMPREHENSIVE PLAN (AB98 -170F)
Sutter reported for Planning and Development Committee and recommended approval.
Brenner stated that there is a problem with two areas, Birch Bay and Blaine, where it is a
hardship on people outside the short term planning areas.
Sylvia Goodwin, Planning and Development Services Planning Manager, stated that the
Comprehensive Plan does not specify which areas are short or long term areas, but the
boundaries could be changed during the rezone process. However, she does not recommend
making the entire Birch Bay and Blaine Urban Growth Areas (UGA) short term because that
would be contrary to the argument the County made before the Superior Court judge and the
Growth Management Hearings Board that the County is phasing development in the UGAs. It
has been through the Planning Commission for public hearing and Council held a public hearing.
Council can change the Planning Commission's recommendation.
Sutter stated that these items can be amended. Goodwin clarified that the amendment
process is the same as a rezone. It can be docketed for the annual rezone process or initiate it as
a Council initiated emergency with 2/3 majority.
Brenner stated that the short term and long term boundary arguments have not changed.
The people still can't do much with their property. It is not fair to put them off.
Motion to adopt carried 6 -1 with Brenner opposed.
Regular Council Meeting, 9/29/98, Page 23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Sutter also reported on the Point Roberts Character Plan complaint from Ruby White
(AB98 -339), which was also discussed in Planning and Development Committee. There is a
review of the character plan in process. There are problems and, if the County maintains the
plan, it needs to find ways to solve the problem
9. AMENDMENT TO THE CONTRACT WITH OWENS DAVIES MACKIE FOR
LEGAL DEFENSE OF APPEALS OF WESTERN WASHINGTON GROWTH
MANAGEMENT HEARINGS BOARD (AB98 -120A)
See "Announcements"
10. APPEAL OF HEARING EXAMINER'S DECISION ON FILE NO. CUP98 -0016,
FILED BY PAUL GOMEZ (AB98 -305)
See "Announcements"
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT DOUGLAS S.
DILLENBERGER TO THE DEVELOPMENT STANDARDS TECHNICAL
ADVISORY COMMITTEE (AB98 -352)
Dawson moved to approve.
Motion carried unanimously.
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT CHAD M. A.
SCHULHAUSER, P.E. TO THE DEVELOPMENT STANDARDS TECHNICAL
ADVISORY COMMITTEE (AB98 -353)
Dawson moved to approve.
Motion carried unanimously.
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT SHERYL
HERSHEY TO THE PUBLIC DEFENSE ADVISORY COMMITTEE (AB98 -354)
Dawson moved to approve.
Motion carried unanimously.
(Clerk's Note: End of tape 2, side B.)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT DEBORAH
DEAN - FLANNELLY TO THE DEVELOPMENTAL DISABILITIES ADVISORY
BOARD (AB98 -355)
Regular Council Meeting, 9/29/98, Page 24
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Dawson moved to approve.
Motion carried unanimously.
15. APPOINTMENTS TO VARIOUS COUNTY BOARDS AND COMMISSIONS (AB98-
157B)
Imhof stated that there are five applicants for the four positions to the Horticultural Pest
and Board.
Belisle, Ciesler, Hawley were appointed. There was a tie between Davies and Midboe.
Sutter
Dawson
Imhof
Nelson
Brown
Brenner
Hoag
Midboe
X
X
X
X
X
Belisle
X
X
X
X
X
X
Hawley
X
X
X
X
X
X
Davies
X
X
X
X
Ciesler
X
X
X
X
X
X
Belisle, Ciesler, Hawley were appointed. There was a tie between Davies and Midboe.
Davies was the fourth appointee.
16. ORDINANCE AMENDING ORDINANCE 98 -019, WHATCOM COUNTY CODE
CHAPTER 16.20, REGARDING THE WHATCOM COUNTY SHELLFISH
PROTECTION DISTRICTS (AB98 -099)
Hoag stated that it went through Natural Resources Committee two weeks ago. The
ordinance extends the sunset date for the Drayton Harbor Shellfish Protection District to
December 31, 2000. It also adopts the Water Quality Recovery Plan, which is attached. Hoag so
moved.
Motion carried unanimously.
INTRODUCTION ITEMS
Regular Council Meeting, 9/29/98, Page 25
Sutter
Dawson
Imhof
Nelson
Brown
Brenner
Hoag
Midboe
X
X
X
Davies
X
X
X
X
Davies was the fourth appointee.
16. ORDINANCE AMENDING ORDINANCE 98 -019, WHATCOM COUNTY CODE
CHAPTER 16.20, REGARDING THE WHATCOM COUNTY SHELLFISH
PROTECTION DISTRICTS (AB98 -099)
Hoag stated that it went through Natural Resources Committee two weeks ago. The
ordinance extends the sunset date for the Drayton Harbor Shellfish Protection District to
December 31, 2000. It also adopts the Water Quality Recovery Plan, which is attached. Hoag so
moved.
Motion carried unanimously.
INTRODUCTION ITEMS
Regular Council Meeting, 9/29/98, Page 25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
1. RESOLUTION IN THE MATTER OF VACATING A DEEDED RIGHT -OF -WAY OF
THE NORTHERLY EDGE OF SLATER ROAD, WESTERLY OF LABOUNTY ROAD
(AB98 -356)
Dawson moved acceptance of the Introduction item.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Hoag stated that the manure ordinance becomes effective October 1, 1998, and there is no
one to enforce the ordinance. The Council just approved the money to fund an enforcement
person, but the formal hiring process takes time. The Natural Resources Committee voted to
recommend to the Council that they encourage Planning and Development Services to hire a
temporary to fill the position of enforcement officer until they can go through the formal
process of hiring.
She so moved.
Brown stated that the vote in committee was 2 -1. He voted against it because a Council
Member was involved in bringing the individual forward and worked it through the farmers
group. One council member should not be selecting personnel. It should have been left to
administration.
Hoag responded that she had an idea to hire an interim person and called Michael Knapp,
Planning and Development Services Director. Knapp stated that it was a good idea and asked
her if she had anyone in mind for the temporary position. She agreed to make some calls and get
recommendations. She called the dairy federation and John Gillies of the Conservation District
(CD). They came up with the name. They have an excellent candidate that Planning is looking
at. She only helped to facilitate the process.
Brown stated that Hoag mentioned one other candidate was turned down because of the
review. The interview process ought to take place. Also, Hoag earlier criticized the negotiations
with the Lummis for having them review another County position.
Hoag clarified that the first person that was suggested did not support the manure
ordinance, which was why he was not recommended.
Brenner gave her support.
Motion carried 6 -1 with Brown opposed.
Regular Council Meeting, 9/29/98, Page 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Sutter gave an update on the draft application for coordinated border infrastructure
program funding as authorized by T 21, Section 11.19. It is a product of the International
Mobility And Trade Coordinator Project (IMTC). Whatcom County Council of Governments
(COG) as the MPO and the Washington State Department of Transportation (DOT) is submitting
it. COG and the DOT have never teamed up before to go after federal money. This project
would make significant improvements to the Whatcom County border and help facilitate retail
traffic and the truck transport business. This is just a draft. She hoped to have it submitted and
approved to get money into the County.
Nelson stated that there was a proposal brought forward by the State legislature to fund
traffic improvements at the border crossing. Sutter stated the County received some money from
that proposal for border station improvements, but this is additional funding.
ADJOURN
The meeting adjourned at 10:30 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on _October 27, 1998.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert Imhof, Council Member
Regular Council Meeting, 9/29/98, Page 27