HomeMy WebLinkAboutCouncil April 30 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
April 30, 1996
The meeting was called to order at 7 :08 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 reported that growth management issues were discussed in executive session
(AB96 -047).
Also in executive session, the Lorenz appeal (AB96 -094) was discussed.
Starkenburg moved to uphold the Hearing Examiner's decision on Lot Consolidation
Relief filed by Hilary T. Lorenz.
Motion carried 6 -1 with Imhof opposed.
Interlocal negotiation discussion also took place in executive session. The next work
session will be Wednesday, May 1, at 7 p.m. in Lynden. Another work session will be held
Tuesday, May 7.
SPECIAL PRESENTATION
WHATCOM COUNTY EXECUTIVE TO PROCLAIM THE 11 TH ANNUAL
WHATCOM COUNTY IN BLOOM COMPETITION (AB96 -173)
County Executive Pete Kremen read the proclamation.
Regular Council Minutes, 4/30/96, Page 1
Dana Hanks, Art Director for the Parks Department, presented Kremen with flowers and
explained the purpose of Whatcom in Bloom.
OPEN SESSION
The following person addressed the Council in open session:
Sherilyn Wells, 1020 Geneva: Critical Areas Ordinance (AB96 -118)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of consent items 1 -6, including the adoption of the accompanying resolution in item 3.
Motion carried unanimously.
1. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT
AMENDMENT FOR COMBINED TREATMENT, SUBSTANCE ABUSE UNIT FOR
PREGNANT AND PARENTING WOMEN'S SERVICES (AB96 -166)
2. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
CONTRACT WITH WHATCOM COUNTY COUNSELING AND
PSYCHIATRIC CLINIC FOR SUPPORTED LIVING SERVICES FOR
CHRONICALLY MENTALLY ILL ADULTS IN WHATCOM COUNTY
(AB96 -167)
3. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT # 995009 AND
AWARD OF CONTRACT FOR RECONSTRUCTION OF EAST SMITH
ROAD, SR -539, HANNEGAN ROAD (AB96 -168)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH WHATCOM COUNTY COMMISSION ON CHILDREN AND
YOUTH (AB96 -170)
5. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO CONTRACT
AMENDMENT 91 FOR A CONSOLIDATED HEALTH CONTRACT AMENDMENT
(AB96 -171)
6. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT
WITH WHATCOM DISPUTE RESOLUTION CENTER TO PROVIDE SERVICES
LISTED IN THE EXISTING GRANT (AB96 -172)
Regular Council Minutes, 4/30/96, Page 2
OTHER ITEMS
1. ORDINANCE AMENDING THE BUDGET, REQUEST 42 (AB96 -152)
Imhof reported for Finance and Administrative Services Committee and moved to adopt
the ordinance.
Imhof moved to amend the ordinance as follows: Delete item A from the ordinance
($18,914 for the HIV Program.). The following corrections were also made: Centennial clean
water fund line has been reduced to $22,537; Extra Help has been reduced to $12,950; social
security has been reduced to $1,100; and fund balance has been reduced to $2,244, for a total of
$29,506.
Motion to amend carried unanimously.
Amended motion carried unanimously.
2. RESOLUTION AMENDING RESOLUTION NO. 95 -308 BY ADDING THE
CITY OF EVERSON ECONOMIC DEVELOPMENT PROJECT TO THE WA-
CERT PROJECT LIST (AB95 -201E)
Imhof reported for Finance and Administrative Services Committee and moved approval.
Motion carried unanimously.
3. EMERGENCY ORDINANCE AMENDING THE BUDGET, REQUEST #3A
(AB96 -165)
Imhof reported for Finance and Administrative Services Committee and moved approval.
Bob Woods, Council Budget and Program Analyst, clarified for Council.
Motion carried 6 -1 with Imhof opposed.
4. DISCUSSION OF THE WHATCOM COUNTY NATURAL HERITAGE PLAN (AB96-
169)
Imhof reported for the Finance and Administrative Services Committee. No action was
necessary.
5. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'. S
DECISION ON LOT CONSOLIDATION RELIEF (LCR 94- 0006), FILED BY
HILARY T. LORENZ (AB96 -094)
Regular Council Minutes, 4/30/96, Page 3
See "Announcements ".
6. ORDINANCE AMENDING CHAPTER 16.16 (CRITICAL AREAS) OF THE
WHATCOM COUNTY CODE BY AMENDING ARTICLES II AND III AND
ADOPTING ARTICLES IX, X, XI, AND XII TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB96 -118)
Dan Gibson, Council's counsel, gave a brief explanation of the process and goals.
Nelson moved to adopt the ordinance.
Brown moved to amend by removing the wording and replacing with the wording revoked
by the state Growth Hearings Board (the referendum version). In other words, strike the
language that does not match the referendum version.
Brenner spoke in favor of the amendment.
Sutter also spoke in favor of the referendum version.
Nelson spoke against the amendment.
Dawson also spoke against the amendment, saying that continued efforts show good faith
to the state.
Starkenburg spoke against the amendment, saying that he originally agreed with the
referendum version; however, the Council has been told that the referendum version is not
acceptable.
Motion to amend failed 3 -4 with Sutter, Brown and Brenner in favor.
(Clerk's Note: A ten - minute break was taken.)
Nelson moved to amend on packet pages 137, lines 45 -46 and page 138, lines 1 -2; packet
page 145, lines 2 -6; and packet page 151, lines 20 -21, add language: "...wildlife, and ecology; and
it is determined by the county that the permit conditions satisfy the requirements of this chapter
the county may tl allow requirements imposed by any of these jurisdictions shallo substitute
for the ... ".
Motion to amend carried 6 -0 with Sutter abstaining.
(Clerk's Note: After each amendment was made, the Council member making the
amendment gave his/her reason for the amendment. Discussion followed.)
Regular Council Minutes, 4/30/96, Page 4
Dawson moved to amend as follows: on packet page 118, lines 34 -41, change language:
"buffer (the buffer zone)" means the vegetated area adjacent to the outer boundaries of'E?1?S
.................. :.....:::..:..
............................................................... .......................
. ' which provide separation as
required by this chapter, thus minimizing adverse impacts to these areas to the public:
.,
Motion carried 4 -2 with Nelson and Starkenburg opposed and Sutter abstaining.
Dawson moved to amend as follows: on packet page 136, lines 16 & 17, delete "one acre
or greater": "...4. Category IV criteria. Wetlands one acre or greatei that are not included... ".
Motion carried 6 -0 with Sutter abstaining.
Brenner moved to amend as follows: on packet page 144, line 20, add "annual':
"...demonstrates clear evidence of the W" passage of water... ". This motion also includes the
same language on packet page 125, line 16 (in the definition section).
Motion carried 6 -0 with Sutter abstaining.
Brenner moved to amend as follows: on packet page 127, line 23, change the language to
read. F. Construction, ' "'` "'rid' "r >ritl au of utilities within th ri h -of -wa ` i:u�hCze .
Motion carried 6 -0 with Sutter abstaining.
Nelson moved to amend as follows: on packet page 133, lines 30 & 31, strike #3: 3 To
Motion to amend carried 6 -0 with Sutter abstaining.
Starkenburg moved to correct the following staff errors:
- permit exemptions, all on packet page 144:
-- section 16.16.480.A.9: regulation should read: "river gravel bar extractions within the
jurisdiction of the shoreline management program."
- section 16.16.480.A.11: "normal maintenance and repair of lawfully located existing
serviceable structures, roads, railroads, utilities, improved areas or facilities."
Regular Council Minutes, 4/30/96, Page 5
- section 16.16.480.A.14: "the cleaning and maintenance of rivers or streams within
rights -of -way; provided that, the vegetation is not disturbed beyond that necessary to gain
reasonable access to the water body and, further; provided that, the water body does not support
anadromous fish."
- section 16.16.480.A.15: "pesticide or fertilizer application."
- section 16.16.480.A.16: "construction of structures not subject to development permit
requirements which are designed solely for the personal use of the property owner."
Motion to amend carried 6 -0 with Sutter abstaining.
Starkenburg moved to correct the following scrivener errors:
- packet page 118, line 11: "creation" means actions performed to intentionally establish a
critical area sx a portion of a critical area where one did not formerly exist.
- packet page 119, line 16: indent "iii ".
- packet page 119, line 25: punctuation change: after "limited to" replace the comma with
a colon. "These activities include, but are not limited to; subdivision... ".
- packet page 119, line 32: "ii. Building for schools, colleges, adult education or day -care
centers; :31.11 Hospitals and other medical facilities;... ".
- packet page 127, lines 15 & 16: capitalization: "...planning and development services
tCepartment... ".
...............................
. ...............................
- packet page 128, line 34: "up to $5;060:96
- packet page 129, line 7: spacing: "...or agricultural conservation plan,
Shall be guilty... " - -the spacing after "plan" and before "shall" should not be there.
- packet page 139, lines 35 through 39. "hardtack" should read " hardhack".
- packet page 141, line 37: indent "ii ".
- packet page 149, line 17: capitalize "whatcom county ": "...inventory w atcom
county... ".
Appendix F: bold "alfalfa" (packet page 171).
Motion carried 6 -0 with Sutter abstaining.
Regular Council Minutes, 4/30/96, Page 6
I Imhof moved to amend section 16.16.070C (packet page 128, lines 18 -19) to read: "The
2 Technical Administrator shall develop clear administrative procedures for administrative review
3 and determination of a project proposal when any part of the project is within a Critical Area or
4 its buffer. These administrative procedures shall be predictable
5 month time frame. Whatcom County assessment and site evaluation shall be based upon sound
6 technical and scientific grounding."
7
8 Michael Knapp, Director, Planning & Development Services, gave his reasoning for this
9 amendment. Vickie Hardin- Woods, Planning Manager, commented.
10
11 Motion to amend carried 6 -0 with Sutter abstaining.
12
13 Imhof moved to amend section 16.16.5000 (packet page 147, lines 6 -7) to read: "Within
14 six monflis of the effective date of this or dinanc ; the county shall develop, a quantitative rating
15 system to assist the Technical Administrator in making site specific buffer determinations. The
16 County shall use the criteria established in WCC 16.16.500 (B) (3) as the regulatory basis for such
17 a rating system. The rating system shall incorporate the best available science related to stream
18 protection."
19
20 Motion to amend carried 6 -0 with Sutter abstaining.
21
22 Imhof moved to amend by designating wetlands that provide a critical aquifer recharge
23 function for a documented public water source be categorized as a Category II wetland (packet
24 page 136, lines 7 -8). The language in section 16.16.370.3.d would be removed, reworded and
25 placed in section 16.16.370.2.e (packet page 135, after line 25).
26
27 "d. Regulated wetlands which provide documented habitat for salmonids.
28
29 .:: >::' eda da::<fi f >:.rs d :::: tcari::a fe ::: W. �::fu tx <: for :::a::s�a��umex�ted::::::�bhc
::: ::::::::::.::::................
::.::::::::::::::. ?:::::::::::::::::::::::..::::.:::::::::::::::::::::::.::.::::::.:::::::.:: :::::::::::::::::.A::::::::::::
.. ................::..:...:..:...
31
32 Motion to amend carried 6 -0 with Sutter abstaining.
33
34 Brown moved to amend as follows: packet page 145, delete lines 27 -28, to read:
35 "...provided that, adverse wetland impacts d, hydrology is not... ".
36
37 Motion carried 6 -0 with Sutter abstaining.
38
39 (Clerks note: Council member Sutter announced that she wants it clear for the record
40 that she has abstained from voting on all the above amendments.)
41
42 Brenner, Imhof, Starkenburg, Dawson, Nelson and Brown discussed their reasons for not
43 including in these amendments regulations already covered by federal and state law.
Regular Council Minutes, 4/30/96, Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
W
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Starkenburg moved to amend by directing staff to include tonight's Council discussion in
the Findings.
Motion carried 6 -0 with Sutter abstaining.
Main amended motion carried 4 -3 with Sutter, Brown and Brenner opposed.
7. APPOINTMENT TO THE PLANNING COMMISSION (AB96 -101)
Only District 1 representatives (Nelson and Sutter) and the Representative -at -large
(Dawson) may make these nominations.
Nelson opened the nominations.
Sutter nominated Skip Richards.
Nelson nominated Cheryl Ferrier.
Nelson closed the nominations.
PLANNING COMMISSION NOMINATIONS
Kathy
Sutter
Marlene
Dawson
Robert
Imhof
Ward
Nelson
Tom
Brown
Barbara
Brenner
Alvin
Starkenburg
George A. Rofkar
Derek Holzl
Cheryl Ferrier
✓
✓
✓
✓
David Hunter
J. Michael Newlight
Rick Dubrow
Gary W. Armstrong
Gordon Scott
Skip Richards
✓
✓
✓
Cheryl Ferrier was appointed.
8. Appointments to Sewage Control Appeals Board and Open Space Advisory Committee
(AB96 -124)
Regular Council Minutes, 4/30/96, Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
Any council member may make these nominations.
Nelson opened the nominations.
Brown nominated Leo Sygitowicz.
Nelson closed the nominations.
Imhof moved to appoint Sygitowicz.
OPEN SPACE ADVISORY COMMITTEE (2 vacancies)
Kathy I Marlene I Robert I Ward I Tom I Barbara I Alvin
Sutter Dawson Imhof Nelson Brown Brenner Starkenburg
Leo Sygitowicz
Leo Sygitowicz was appointed unanimously.
SEWAGE CONTROL APPEAL BOARD (1 VACANCY)
Nelson requested this position be published again for applications, as none were received.
9. REQUEST APPROVAL FOR EXECUTIVE TO SIGN A CLASS B, C AND E
LIQUOR LICENSE FOR THE WORKSHOP AT 7876 BIRCH BAY DRIVE, BLAINE,
WA (AB96 -174)
Imhof moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION ON
HEARING EXAMINER FILE NO. CUP94 -0014 FILED BY JAMES R. WEST
(AB96 -140)
2. ORDINANCE AMENDING THE BUDGET, REQUEST #3 (AB96 -165A)
3. RESOLUTION REGARDING THE VACATION OF A PORTION OF SUMAS ROAD
LOCATED IN SECTION 11, TOWNSHIP 40 NORTH, RANGE 4 EAST, W.M. (AB96-
175) (HEARING TO BE SCHEDULED)
Regular Council Minutes, 4/30/96, Page 9
4. RESOLUTION REGARDING THE VACATION OF A PORTION OF TACOMA
AVENUE LYING BETWEEN AND ABUTTING BLOCKS 7 AND 10, AS PLATTED
ON THE MAP OF RICHARD FENTON' S SUBDIVISION, AS RECORDED IN
VOLUME 1 OF PLATS, PAGE 45, RECORDS OF WHATCOM COUNTY,
WASHINGTON (AB96 -176) (HEARING TO BE SCHEDULED)
5. ORDINANCE REGARDING THE INSTALLATION OF STOP SIGNS ON STICKNEY
ISLAND ROAD AT TIMON ROAD IN SECTION 25, TOWNSHIP 40 NORTH,
RANGE 3 EAST, W.M. (AB96 -177) (HEARING TO BE SCHEDULED)
Imhof moved acceptance of the introduction items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCII. MEMBERS
Land Use Study Commission (AB96 -180): Sutter noted information was distributed to
Council members last week. The Commission is having a public hearing in Everett on Thursday,
May 2.
Drayton Harbor Shellfish District (AB95 -197): Brown noted Drayton Harbor funding
that may be available. Bob Woods, Council Budget and Program Analyst, explained that the
Council cannot apply for grants because it is a legislative branch, not administrative.
Brown moved to encourage the administration to work with the Drayton Harbor
subcommittee and apply for available funding or grants.
Motion carried unanimously.
Human Services Task Force (AB95 -367): Bob Woods announced that a presentation
will be given at the May 28 Council meeting.
Regular Council Minutes, 4/30/96, Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ADJOURN
The meeting was adjourned at 9:23 p.m.
Marina Mason, Recording Secretary
These minutes were approved by the Council on I 1 , 1996.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ward Nelson, Council Chair
Regular Council Minutes, 4/30/96, Page 11