HomeMy WebLinkAboutCouncil October 21 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
October 21, 1997
The meeting was called to order at 7 p.m. by Council Chair Ward Nelson in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Tom Brown
Alvin Starkenburg
Kathy Sutter
Robert Imhof
ANNOUNCEMENTS
Nelson announced that during executive session the following items were discussed:
Consideration of appeal of the Hearing Examiner's decision on administrative appeal
(APL97 -0003 and APL96 -0004) filed by James and Kyle Bride, dba Everett Rock, c/o Jeffrey
Pratt, Attorney at Law (AB97 -296)
Dawson moved to remand to the Hearing Examiner to accept additional evidence on the
intent of the size of the mining activity.
Motion carried 6 -1 with Brenner opposed.
An update was given to Council on Local 17 and the Deputy Sheriff Collective
Bargaining Agreement (AB97- 310A).
A special presentation was given by Watershed Studies Director Dr. Robin Matthews
regarding the Lake Whatcom Watershed (AB97 -357).
READING AND APPROVAL OF MINUTES
READING AND APPROVAL OF THE MINUTES FOR: OCTOBER 7,
SEPTEMBER 9, AND SEPTEMBER 23, 1997 REGULAR COUNCIL
MEETINGS; SEPTEMBER 18, 1997 SPECIAL COUNCIL MEETING; SEPTEMBER
Regular Council Minutes, 10/21/97, Page 1
9, 1997 COMMITTEE OF THE WHOLE MEETING.
Brenner explained that she was present but tardy at the September 9 COTW meeting.
Sutter moved approval of the minutes.
Motion to approve carried unanimously.
SPECIAL PRESENTATION
KYM FEDALE, REPRESENTING THE YMCA, TO THANK THE COUNTY
FOR USE OF HOVANDER HOMESTEAD PARK FOR THE Y =S 1997
SUMMER DAY CAMP. MS. FEDALE WILL PRESENT THE COUNCIL
WITH A HANDMADE QUILT MADE BY THE DAY CAMP ATTENDEES
(AB97 -333)
Roger DeSpain, Parks & Recreation Director, introduced Ms. Fedale, the environmental
educator at the YMCA Day Camp at Hovander and Tenant Lake. She presented the County with
a quilt made by the kindergarten through third graders, which will go to Park headquarters and
then to Hovander Park in the summer.
2. SPECIAL PRESENTATION BY COUNTY EXECUTIVE PETE KREMEN FOR
TREASURER BARBARA CORY, PROFESSIONAL FINANCE OFFICER
AWARD FOR 1997 (AB97 -017)
County Executive Pete Kremen presented the award to Barbara Cory, Treasurer. He also
presented the same award to Terry Hinz, Auditor =s Office.
3. SPECIAL PRESENTATION BY COUNTY EXECUTIVE PETE KREMEN IN
HONOR OF VOLUNTEER FIRE FIGHTERS AND FIRE PREVENTION
MONTH, OCTOBER 1997 (AB97 -017)
County Executive Pete Kremen presented the proclamation to Dave Williams, Fire
Commissioner of Fire District #4.
4. SPECIAL PRESENTATION BY MARLIN PROWELL REGARDING THE
CABLE TELEVISION ADVISORY BOARD AND ITS 1998 BUDGET
REQUEST (AB97 -361)
Marlin Prowell, Chair, Joint Cable T.V. Administrative City /County Board, explained his
purpose was to give a progress report on the Board. This Board was established about a year ago
Regular Council Minutes, 10/21/97, Page 2
and consists of five members. It oversees the administration of the cable franchise. He reviewed
other duties as given in the franchise and spoke to the availability of and potential for public
access, as well as the franchise fee.
OPEN SESSION
No one spoke at open session.
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of 1, 3, 4, and 5, noting that item 2 was held in committee until the next meeting (November 4).
Motion carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID 97-
76 TO THE LOWEST RESPONSIVE BIDDER, PACIFIC WEST BUILDERS,
FOR THE CONSTRUCTION OF AN ADA ACCESSIBLE RESTROOM
ADDITION AT SILVER LAKE PARK, IN THE AMOUNT OF $48,317.03
(AB97 -349)
2. RESOLUTION EXTENDING THE TIME PERIOD FOR THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT FUNDING MECHANISM
THROUGH DECEMBER 31, 1999 (AB97 -350)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO THE INTERLOCAL AGREEMENT BY AND BETWEEN
WHATCOM COUNTY AND THE LUMMI INDIAN BUSINESS COUNCIL
FOR LUMMI SHORE ROAD RESTORATION PROJECT, PHASE III -A,
EXTENDING THE TIME TO JUNE 30, 1998 (AB97 -201A)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERAGENCY AGREEMENT BETWEEN THE STATE OF WASHINGTON,
DEPARTMENT OF SOCIAL AND HEALTH SERVICES AND WHATCOM
COUNTY JUVENILE PROBATION FOR AN EARLY INTERVENTION
PROJECT, J.R.A. DETENTION SERVICES, AND J.R.A. COMMUNITY
COMMITMENT PROGRAMS (AB97 -351)
5. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY
AND THE SETTING OF A DATE FOR PUBLIC HEARING THEREON,
PURSUANT TO WCC 1.10 (AB97 -352)
OTHER ITEMS
ORDINANCE AMENDING THE 1997 BUDGET, SUPPLEMENTAL #11 (AB97 -344)
Regular Council Minutes, 10/21/97, Page 3
Imhof reported for Finance and Administrative Services Committee and moved to adopt.
Motion to adopt carried unanimously.
2. PRESENTATION OF MINIMUM SECURITY FACILITY OPTIONS (AB97 -348)
Dave Wareing, Executive =s Office, gave a presentation to the Council to provide
information regarding research done on a local minimum security. Topics discussed included:
local option sales tax; Harry Skinner, researcher; the building concept; adding to the current
facility;
(Clerks Note: Tape 1, Side B)
optional facilities; costs involved; modification of present facility and costs; and increased
staffing.
A question and answer period followed. Topics discussed included County costs
incurred; public /private partnership; jail management of resources for long term purposes;
maximum and minimum security; on- vs off -site facility problems; and actual size facility
needed.
Ill 01V.1110 to] W.0 1111-110 �i I Nil 152 111 r
CHAPTER 16.16, CRITICAL AREAS, TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -226A)
Starkenburg reported for Planning and Development Committee and moved to adopt the
ordinance (Exhibit A, dated October 21, 1997) with the following amendments as listed below.
Jeff Griffin, Planning and Development Services, gave a staff report.
On page 2, Section 205.13, add at the end of the section: AThe County shall notify the
applicant within 90 days of permit expiration.=
On page 4, Section .225B. add language: A ...are allowed subject to Chapters 85.05 and
85.06 RCW and activities of that same nature performed by a flood control zone district, which
activities are allowed by RCW 86.15; provided that: 1. The district submits
an annual work ... =
On page 9, A.1., fourth line, add: A ... in a manner such that the most effective
ant protection or mitigation to critical area ... =.
Richard Grout, Department of Ecology, Bellingham office, spoke in favor of the
Regular Council Minutes, 10/21/97, Page 4
ordinance. Dan Gibson, Prosecuting Attorney =s Office, commented on the legal procedure of
adoption of the ordinance.
Motion to amend carried 6 -1 with Brenner opposed.
Motion to adopt the main amended ordinance carried 6 -1 with Brenner opposed.
4. ORDINANCE AMENDING TITLE 20 TO REMOVE OPEN SPACE
REQUIREMENTS IN THE GM, LII AND HII ZONES AND TO AMEND THE
DEFINITION OF OPEN SPACE AS IT APPLIES TO ALL ZONES (AB97 -342)
Starkenburg reported for Planning and Development Committee and moved to adopt.
Motion to adopt carried unanimously.
5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM URBAN RESIDENTIAL THREE DWELLINGS PER ACRE
(UR3) TO URBAN RESIDENTIAL FOUR DWELLINGS PER ACRE (UR4)
FOR APPROXIMATELY 141 ACRES AND FROM RURAL RESIDENTIAL
TWO DWELLINGS PER ACRE (RR2) TO URBAN RESIDENTIAL FOUR
DWELLINGS PER ACRE (UR4) FOR APPROXIMATELY 4 ACRES IN THE
CHUCKANUT LAKE SAMISH SUBAREA (AB97 -343)
Starkenburg reported for Planning and Development Committee and moved to adopt.
Motion to adopt carried unanimously.
6. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER =S
DECISION ON ADMINISTRATIVE APPEAL (APL97 -0003 AND APL96-
0004) FILED BY JAMES AND KYLE BRIDE, D.B.A EVERETT ROCK, C/O
JEFFREY PRATT, ATTORNEY AT LAW (AB97 -296)
See AAnnouncements -.
7. RESOLUTION SUPPORTING AMENDMENTS TO SECTION 110 OF THE
ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY
ACT OF 1996 (AB97 -346A)
(Clerks Note: Tape 2, Side A)
Imhof moved to approve the resolution.
There was discussion on the motion.
Regular Council Minutes, 10/21/97, Page 5
Motion to approve carried unanimously.
A copy of the resolution will be sent to congressional delegates and the committee
meeting on this issue.
INTRODUCTION ITEMS
Imhof moved to accept the introduction items.
Brown requested removal of addendum item #3.
Motion carried unanimously.
RECEIPT OF APPEAL OF THE HEARING EXAMINER =S DECISION OF
FILE NO. APL97 -004 FILED BY KREIG MCBRIDE (AB97 -300)
2. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY
SURPLUS PROPERTY PURSUANT TO WCC 1.10 (AB97 -352A) (HEARING
TO BE SCHEDULED)
3. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1997 OPEN
SPACE /TIMBER APPLICATIONS (AB97 -353)
4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 20.85, PLANNED UNIT
DEVELOPMENTS, ALLOWING AN INCREASE IN THE TOTAL NUMBER
OF SLEEPING UNITS FROM 20% TO A MAXIMUM OF 50% OF THE
TOTAL NUMBER OF DWELLING UNITS THAT WOULD BE ALLOWED
ON THE PROPERTY BY THE UNDERLYING ZONE REGULATIONS,
WITHIN URBAN ZONES (AB97 -354)
5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CONCERNING SCREENING AND ACCESSORY
STRUCTURE REQUIREMENTS FOR LOTS WITHIN RECREATIONAL
SUBDIVISIONS (AB97 -355)
6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM COMMERCIAL FORESTRY (CF) TO RURAL FORESTRY (RF)
FOR APPROXIMATELY 42.78 ACRES IN THE FOOTHILLS SUBAREA
(AB97 -356)
ADDENDUM
Regular Council Minutes, 10/21/97, Page 6
ORDINANCE TO INCLUDE STATE LANDS IN THE ASSESSMENT ROLLS OF
FLOOD CONTROL ZONE DISTRICT SUB -ZONES (AB97 -332A)
2. RESOLUTION SUPPORTING THE CREATION OF THE PACIFIC SALMON FUND
BY THE FEDERAL GOVERNMENT (AB97 -364)
3. ORDINANCE AUTHORIZING WHATCOM COUNTY TO RETAIN .04% OF THE
SALES AND USE TAX FOR ECONOMIC DEVELOPMENT (AB97 -362)
This item was withdrawn.
4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY FOR 1998 (AB97 -366)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Critical Areas Ordinance (AB97- 226A): Starkenburg thanked Jeff Griffin, Planning
and Development Services, for his work on this item.
Nelson announced the next Council meeting will be October 28. The ones following will
be November 18 (Tuesday) and November 25 (Tuesday).
Budget (AB97 -184): Imhof announced the budget schedule is out.
Washington State (AB97 -001): Imhof announced the Washington State Association of
Counties (WSAC) Legislative Steering Committee packet is out. He requested Council member
input.
Sutter gave an update on Council of Government =s meeting on puget sound water
quality. She also spoke to the possible formation of a citizen task force regarding a mental
health triage unit.
Michael Knapp, Planning and Development Services Director, invited all to a open house
in his department on October 30 at 10 a.m.
ADJOURN
The meeting was adjourned at 8:50 p.m.
Regular Council Minutes, 10/21/97, Page 7
Marina Mason, Recording Secretary
These minutes were approved by Council on , 1997.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown- Davis, Council Clerk L. Ward Nelson, Council Chair
Regular Council Minutes, 10/21/97, Page 8