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Home My WebLink AboutCouncil October 26 1993WHATCOM COUNTY COUNCIL Regular Meeting October 26, 1993 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest St., 2nd floor, by Council Chair Marge Laidlaw. Also present: Absent: Barbara Brenner None. Larry Harris Ken Henderson Bob Imhof Dennis Vander Yacht Dan Warner ANNOUNCEMENTS Laidlaw announced that discussion and possible action on a criminal justice funding issue (AB93 -311) would take place before open session.. Prosecuting Attorney Dave McEachran addressed the Council on the negotiations with the Bellingham City Council regarding funding the criminal justice system. He explained the history of negotiations with the City in this matter. Sheriff Dale Brandland also was present. McEachran asked for direction from the Council. WARNER MOVED THAT THE PROSECUTOR BE REQUESTED TO TAKE SUCH ACTION AS IS REQUIRED TO MOVE TO ARBITRATION REGARDING THE CITY OF BELLINGHAM'S CONTRIBUTION TO THE COUNTY'S CRIMINAL JUSTICE COSTS. Motion carried unanimously. OPEN SESSION Richard Gilda, Jensen Road: Presented a petition signed by residents and property owners in the Squalicum Valley off the Y Road area discussing the land clearing ordinance. He read the petition language and commented. Nate Brown commented, as did Council Members. Development standards, including the storm water drainage portion, was discussed as well (AB93 -244). Open session was closed. Council Minutes, 10126193, Page I COUNTY WIDE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS HEARING /ACTION: RESOLUTION ADOPTING A FUNDING MECHANISM FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND AUTHORIZING COLLECTION OF CHARGES FOR STATE AND PORT - OWNED PROPERTIES (AB93 -346) The Council recessed its meetings, and Laidlaw called the meeting of the Flood Control Zone District Board of Supervisors to order. She opened the hearing. Dick Olsen, State Department of Natural Resources: Spoke about the difficulty the State felt existed regarding levying this tax. He distributed some paperwork (on file). Treasurer Barb Cory and County River Section representative Gordon Scott commented. Several Council Members indicated that a legal interpretation of the situation would be useful. The hearing was closed. LAIDLAW MOVED TO REFER THIS MATTER TO THE LEGAL STAFF, AND OTHER STAFF AS APPROPRIATE, FOR REVIEW OF THE LEGAL CONCERNS PRESENTED BY OLSEN, WITH A RESPONSE TO BE BROUGHT BACK TO THE COUNCIL. Motion carried unanimously. HEARINGS 1. DECISION ON PETITION TO VACATE PORTIONS OF CALIFORNIA, BUSH, SUTTER AND PINE STREETS, FILED BY M.J.R. INVESTMENT, INC. (AB93 -329) Laidlaw opened the hearing. Michael John Rogers, petitioner: He commented briefly. Laidlaw noted that Gene Rogers of Cascade Natural Gas had dropped any objection to this vacation. The hearing was closed. HENDERSON MOVED TO APPROVE OF THE VACATION. Motion carried unanimously. Council Minutes, 10126193, Page 2 2. RESOLUTION TO SELL WHATCOM COUNTY PROPERTY SURPLUS (HIGH DENSITY POLYETHYLENE GEOMEMBRANE) (AB93 -396A) Laidlaw opened the hearing. No one spoke, and the hearing was closed. HENDERSON MOVED TO APPROVE THE RESOLUTION. Motion carried unanimously. 3. ORDINANCE ESTABLISHING A DOG CONTROL ZONE IN THE MOSQUITO LAKE ROAD AREA, AMENDING WHATCOM COUNTY CODE SECTION 6.04 (AB93 -299A) Laidlaw opened the hearing. Greg Steinbach, proponent: Urged the Council to adopt the ordinance. The hearing was closed. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 4. OPPORTUNITY FOR THE PUBLIC TO COMMENT ON THE EXECUTIVE'S PROPOSED 1994 BUDGET FOR WHATCOM COUNTY (AB93 -371) (CITIZENS MAY BORROW A COPY OF THE BUDGET PROPOSED BY THE COUNTY EXECUTIVE, WHICH IS UNDER REVIEW AND DISCUSSION BY THE FINANCE COMMITTEE THROUGH MID - NOVEMBER. PLEASE CONTACT THE COUNCIL OFFICE FOR MORE INFORMATION.) Laidlaw opened the hearing, explaining that this hearing was not required by law. No one spoke, and the hearing was closed. OTHER ITEMS 1. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 1S (AB93 -397) Henderson reported that Finance reviewed the budget amendment request and recommended approval of a substitute ordinance. Council Minutes, 10126193, Page 3 HENDERSON MOVED TO ADOPT THE SUBSTITUTE ORDINANCE. Henderson explained two monetary additions that are included in the substitute ordinance. There was discussion. Gibson indicated that the Council could accept and act upon the substitute ordinance this evening. Motion carried unanimously. 2. ORDINANCE AMENDING THE ORDINANCE ESTABLISHING THE EMERGENCY MANAGEMENT DIVISION WITHIN THE SHERIFF'S OFFICE (2.40) TO CLARIFY THE STATUS OF EMPLOYEES WITHIN THE DIVISION (AB93 -398) Henderson reported that Finance reviewed this ordinance and recommended approval. HENDERSON MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 3. ORDINANCE AMENDING THE WHATCOM COUNTY CODE, REPEALING CHAPTER 5.04, AMBULANCE FRANCHISES (AB93 -247B) (KEPT IN FINANCE COMMITTEE ON 10/12) Henderson reported that the Council's attorney, Civil Deputy Prosecutor Dan Gibson, advised that this ordinance be withdrawn from consideration. HENDERSON MOVED TO POSTPONE THE ORDINANCE INDEFINITELY. Motion carried unanimously. 4. RESOLUTION SUPPORTING HIGH SPEED RAIL OPERATIONS BETWEEN PORTLAND, SEATTLE, AND VANCOUVER (AB93 -355A) Henderson reported that Finance reviewed this item and recommended approval. HENDERSON MOVED TO APPROVE THE RESOLUTION. There was discussion. Planning Commission members are viewing the same presentation the Council saw last time, Planning Director Dan Taylor reported. BRENNER MOVED TO AMEND THE RESOLUTION TO READ "SUPPORTING ±C7►"'' HIGH SPEED RAIL ..." IN THE TITLE, AND :::....::.......:.....:.. ...::.:.........:::.:.:...::::. AGAIN INSERT THE LANGUAGE ON PAGE 2, LINE 4. Council Minutes, 10126193, Page 4 Motion to amend carried 5 -2 with Henderson and Harris opposed. Motion to approve the amended resolution carried unanimously. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE AGREEMENT WITH THE WHATCOM SOCCER COMMISSION FOR PROPERTY AT SMITH AND NORTHWEST ROADS (AB93 -415) 6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE AGREEMENT WITH BOYS AND GIRLS CLUB OF WHATCOM COUNTY FOR PROPERTY AT SMITH AND NORTHWEST ROADS (AB93 -4.16) Henderson said this item and the next item were referred by the Finance and Personnel Committee to the County's Property Management Committee. 7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A SUBSTANCE ABUSE TREATMENT /PREVENTION SERVICES CONTRACT FOR THE 93 -95 BIENNIUM WITH THE RECOVERY CENTER OF ST. JOSEPH'S HOSPITAL (AB93 -417) Warner reported that the Finance and Personnel Committee recommended approval of this item. WARNER MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO THE CONTRACT. Motion carried unanimously. 8. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1993 G -I OPEN SPACE FARM AND AGRICULTURAL CONSERVATION AND OPEN SPACE /TIMBER APPLICATIONS (AB93 -410) Warner reported that the Planning and Development Committee reviewed this resolution and recommended approval. WARNER MOVED TO APPROVE THE RESOLUTION. Motion carried unanimously. 9. RESOLUTION AGREEING TO IMPLEMENTING THE GROWTH AND SHB 1025) (AB93 -424) A REGIONAL STRATEGY FOR MANAGEMENT ACT (ESHB 2929 Council Minutes, 10126193, Page 5 Warner reported that the Planning and Development Committee reviewed this resolution and recommended approval. WARNER MOVED TO APPROVE THE RESOLUTION. Motion carried unanimously. 10. REVIEW OF PLANNING COMMISSION'S RECOMMENDATION TO DENY COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENT FROM AGRICULTURE TO RURAL TWO ACRES FOR APPROXIMATELY 40 ACRES IN THE LYNDEN - NOOKSACK VALLEY SUBAREA FOR HARDIAL SINGHA, REPRESENTED BY JAN DEVRIES (AB93 -414) Warner reported that the Planning and Development Committee reviewed this matter and agreed to recommend upholding the Planning Commission's denial of the rezone. WARNER MOVED TO UPHOLD THE PLANNING COMMISSION RECOMMENDATION. Motion carried unanimously. 11. DISCUSSION OF INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE LUMMI INDIAN BUSINESS COUNCIL FOR PHASE II OF THE LUMMI SHORE ROAD PROJECT AND REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO THE AGREEMENT (AB93 -425) Imhof reported that this item was discussed by the Public Services and Solid Waste Committee. He noted that a revised version of the document titled "draft 3" was presented by Monsen. Monsen commented, and there was discussion. IMHOF MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO THE REVISED AGREEMENT. Motion carried unanimously. 12. NEW APPOINTMENTS TO THE NORTHWEST SENIOR SERVICES BOARD: (AB93 -418) NEW APPOINTMENT OF BILL KEOWN TO A FIRST THREE - YEAR TERM TO RUN FROM 7/1/93 TO 6/30/96. HE WILL BE REPLACING GLEN HALLMAN WHO HAS ALREADY SERVED TWO CONSECUTIVE TERMS ON THE BOARD AND IS NOT ELIGIBLE TO CONTINUE. Council Minutes, 10126193, Page 6 NEW APPOINTMENT OF RON ADAMS TO A FIRST THREE - YEAR TERM TO RUN FROM 7/1/93 TO 6/30/96. HE WILL BE REPLACING CATHERINE MAY WHO HAS ALREADY SERVED TWO CONSECUTIVE TERMS ON THE BOARD AND IS NOT ELIGIBLE TO CONTINUE. VANDER YACHT MOVED TO APPROVE THE APPOINTMENTS AS RECOMMENDED BY THE EXECUTIVE. Motion carried unanimously. INTRODUCTION 1. ORDINANCE AMENDING THE RIGHT TO FARM ORDINANCE, TITLE 14, AND WCC 9.40 AND WCC 9.44 TO PROHIBIT AGRICULTURAL OPERATIONS FROM BEING CONSIDERED NUISANCE, A DISORDERLY HOUSE OR A BREACH OF PEACE (AB93 -392) (HEARING TO BE SCHEDULED ON 11/9) 2. ORDINANCE ADOPTING THE WHATCOM COUNTY UNIFIED FEE SCHEDULE AND AMENDING CERTAIN SECTIONS OF THE WHATCOM COUNTY CODE (AB93 -419) (HEARING TO BE SCHEDULED ON 11/16; FINAL ACTION ON 11/23) 3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR 1994 PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB93 -420) (HEARING TO BE SCHEDULED ON 11/16; FINAL ACTION ON 11/23) 4. ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL BUDGET OF WHATCOM COUNTY FOR THE YEAR 1994 AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN (AB93 -371B) (HEARING TO BE SCHEDULED ON 11/16; FINAL ACTION ON 11/23) 5. RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 1994 (AB93 -421) (SUGGESTED REFERRAL TO FINANCE COMMITTEE) 6. RESOLUTION ADOPTING THE 1994 SIX -YEAR PHYSICAL PLANT AND FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS Council Minutes, 10126193, Page 7 AND FACILITIES FOR WHATCOM COUNTY, WASHINGTON (AB93 -422) (HEARING TO BE SCHEDULED ON 11/16; FINAL ACTION ON 11/23) 7. ORDINANCE ORDERING CLOSURE OF RAILROAD AVENUE AT WICKERSHAM ROAD (AB93 -423) (HEARING TO BE SCHEDULED ON 11/9) 8. RECEIPT OF AN ADMINISTRATIVE APPEAL, DANE LUSSIER, SHV93 -2, CAIN LAKE (AB93 -385) (ON FILE AWAITING WRITTEN ARGUMENTS) 9. ORDINANCE AMENDING THE OFFICIAL ZONING ORDINANCE, TITLE 209 TO ADD HEARING APPEALS ON WATER SERVICE DECISIONS TO THE HEARING EXAMINER'S LIST OF DUTIES (AB93- 413) (SUGGESTED REFERRAL TO WATER RESOURCES COMMITTEE) 10. ORDINANCE AMENDING THE OFFICIAL ZONING MAP FROM RURAL FORESTRY TO RURAL FIVE ACRES IN THE FOOTHILLS SUBAREA (AB93 -412) (SUGGESTED REFERRAL TO PLANNING AND DEVELOPMENT COMMITTEE) 11. PETITION FOR VACATION OF A PORTION OF FOREST VIEW, LOCATED IN GALLAGHER'S ADDITION TO SEHOME, FILED BY AL ARCHER, LIGHTHOUSE MISSION (AB93 -403) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS State Auditor Report (AB93 -409): Henderson said the exit interview with the State Auditor has been rescheduled. Laidlaw, Brenner and Henderson said they would attend, and it was noted that this would not be a public meeting. Joint Finance Committee Meeting (AB93- 371C): Henderson noted that a meeting is being scheduled. Annual Road Program (AB93 -422): It was noted that the hearing on this program, which is included in the capital facilities program resolution, would be on November 16. The November 2 meeting may be cancelled, Laidlaw announced. Housing Assistance Program (AB93 -428): LAIDLAW MOVED TO WRITE A LETTER OF SUPPORT FOR THE SEAN HUMPHREY HOUSE'S GRANT APPLICATION TO THE HOUSING ASSISTANCE PROGRAM. Council Minutes, 10126193, Page 8 There was discussion. It was noted that the Sean Humphrey House is a place for people with AIDS related special needs to stay. Motion carried unanimously. Courthouse Building Project (AB93 -411): Warner reported that a quorum was not present for the Capital Projects Committee. He relayed information given to him by Executive Shirley Van Zanten early in the day. The project is slightly over budget and is 90 percent complete. Lloyd Austin, citizen: He commented on the Euclid Avenue (AB93 -402) report that had been discussed in the Public Services and Solid Waste Committee. Imhof explained the status briefly. The meeting was adjourned at 8:12 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ramona Reeves, Clerk of the Council Marge idlaw, Chair Council Minutes, 10126193, Page 9