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HomeMy WebLinkAboutCouncil September 28 1993WHATCOM COUNTY COUNCIL Regular Meeting September 28, 1993 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest Street, by Council Chair Marge Laidlaw. Also Present: Absent: Dan Warner None Dennis Vander Yacht Ken Henderson Larry Harris Bob Imhof Barbara Brenner ANNOUNCEMENTS Laidlaw announced that the Council meeting scheduled for September 29 with the Lummi Indian Business Council has been cancelled. SPECIAL PRESENTATION 1. BARBARA CORY, TREASURER, HAS BEEN CERTIFIED AS A "PROFESSIONAL FINANCE OFFICER" FOR THE STATE OF WASHINGTON BY THE WASHINGTON FINANCE OFFICER'S ASSOCIATION FOR THE THIRD CONSECUTIVE YEAR. THIS ANNUAL AWARD REQUIRES ONGOING EDUCATIONAL AND PROFESSIONAL EXCELLENCE (AB93 -377) Laidlaw announced that this item is being rescheduled because Treasurer Barb Cory was unable to attend tonight's meeting. 2. NORTH SOUND REGIONAL SUPPORTNETWORK (ISLAND, SKAGIT, SNOHOMISH, AND WHATCOM COUNTIES) RECEIVED A NATIONAL ASSOCIATION OF COUNTIES 1993 ACHIEVEMENT AWARD FOR CONTINUING CONTRIBUTIONS TO STRONG AND EFFICIENT COUNTY GOVERNMENT (AB93 -380) Henderson introduced Fred Flagner, Chairman of the Whatcom County Mental Health Board, who made a few comments. He spoke highly of Combined Treatment Director Peggy Ball, who plans to retire soon. Henderson commented on the circumstances leading to the recognition. He read a resolution of support for the North Sound Regional Support Network and suggested that the Council pass it. Council Minutes, 9/28/93, 1 HENDERSON MOVED TO HAVE THE COUNCIL PASS THE RESOLUTION. Laidlaw commented, as did Henderson. Motion carried unanimously. OPEN SESSION Bonnie Strode, Manager, Water District 10: She spoke to the Urbanization Program for the Lake Whatcom Watershed, scheduled for consideration later on the agenda (AB93- 290A). She referred to a memo from Planning Director Dan Taylor. She asked about interim zoning for the non -urban areas. Harris responded that if the Council approves the resolution, it will become a piece of proposed land use legislation that will go before the Planning Commission and Council, through a public process. Harris said he did not know how long this would take. Strode said people are concerned that this program is a "done deal," and they just wanted to be sure there would be public process before its implementation. She commented further about financial impacts. Brenner and Laidlaw commented. Rob Felix, General Manager, Sudden Valley: Spoke to the same issue. Among his concerns were the pace of consideration of this program, and the financial impacts on Sudden Valley. Harris, Laidlaw, Henderson and Brenner commented. Lee Denke, Mount Vernon: He spoke to the same issue. As Felix stated in different terms, Denke said he felt the wording of the proposal indicated that regulations had already been determined. Bob Woods, Council Budget and Program Analyst, commented that the Planning Department had not changed the date on the doucment when it was revised, so two versions of the proposed land use legislation were being referred to. Paul Schissler, 1714 Wilson: Spoke about grant possibilities that the County may want to pursue in order to pay for certain County projects (AB93- 371A). He said he may be able to offer assistance to the County in seeking such funding. Harris spoke glowingly of Mr. Schissler's abilities. Laidlaw and Brenner also commented. Ward Nelson, 3369 Agate Bay Lane: Candidate for Whatcom County Council. Nelson spoke to the urbanization program and asked why it is so important to discuss the Lake Whatcom Watershed and the urbanization issues at this time. Council Minutes, 9/28/93, 2 Laidlaw, Henderson and Harris commented. Warner also commented on the historical perspective. . HEARINGS 1. PETITION TO HAVE THE COUNCIL FORM A DOG CONTROL ZONE IN THE MOUNT BAKER HIGHWAY /MOSQUITO LAKE ROAD AREA, FILED BY STEINBACH ET AL. (AB93 -299) Laidlaw opened the hearing. Greg Steinbach: He presented each Council Member with a copy of his comments (on file). Six people in the audience stood up who support Steinbach's comments. He explained his concerns about dog problems in his area. He suggested defining the boundaries of the zone more definitely. Laidlaw informed Steinbach that Engineer Ed Henken would assist in drawing up a map. Eleanor Doty, Humane Society: She agreed with Steinbach. She said she feels many people probably will feel a leash law is the answer to this sort of problem. Steinbach's problem is relatively minor, she said, pointing to situations with dangerous and potentially dangerous dogs. Having a leash law makes her job easier, she said. Vander Yacht said he felt this was an appropriate request. He is familiar with the area and many of the people who signed the petition. The hearing was closed. VANDER YACHT MOVED TO HAVE THE STAFF DRAFT AN ORDINANCE ENACTING THE DOG CONTROL ZONE AS PETITIONED FOR BY MR. STEINBACH AND OTHERS. Brenner commented, praising Steinbach's efforts. Laidlaw, Vander Yacht, Brenner, Warner and Steinbach commented about the unfortunate term "leash law." Motion carried unanimously. 2. ORDINANCE ACCEPTING THE SYSTEM OF ASSESSMENTS PROPOSED BY THE WHATCOM COUNTY CONSERVATION DISTRICT (AB93 -321) Laidlaw opened the hearing. Gerry Digerness, Vice Chairman, Conservation District Board: He made a few points in support of the assessment. The money will provide technical assistance to all landowners on a variety of land use issues. He also spoke to the increasing responsibilities of the Soil Council Minutes, 9/28/93, 3 Conservation Service. Harris asked Digerness to explain about the District's responsibilities for wetlands on agricultural land. Henderson, Laidlaw, Brenner and Digerness commented further. Linda Sanders, Conservation District: Addressed some of the Council Members' concerns and also spoke to grant availability and the need for matching funds. Bass Scholten, Chair, Conservation District Board: He spoke about the history of the District and its duties. He read four letters into the record (on file), from the following people: Linda Brown, State Conservationist; Everson Mayor Matt Lagerwey; Northwood Road farmer Ron and Linda Brunsma (SP ?); and the State Department of Ecology. Sue Blake, Whatcom County Water Resources: She said Conservation Districts are very valuable. However, she expressed concerns about water issues and the money available to address them. She encouraged the County to look at all water issues in the County in a comprehensive way and to coordinate all water projects in the County. Support the need of the Conservation District but request a better assessment of how their programs interface with other programs in the County. Becky Peterson, 1020 Austin: Spoke as an individual taxpayer. Is concerned about the assessment, the oversight of the funds, and the lack of benefit to every parcel in the County. However, she did praise the Conservation District for-its efforts. She also spoke on behalf of the Water Resource Education Committee. Steve Mock (SP ?), Guide Meridian: He spoke in support of the assessment and praised service he had received from the District in the past. Jeff Menzies, West Laurel: Has been part of the Drayton Harbor management process. He agreed with Blake and Peterson. He refreshed Council's memory about a request he had made previously for a "clean water district" in Drayton Harbor (AB93 -154). John Gillies, Soil Conservation District: He spoke in favor of the District. Pierson Dykstra: Spoke in favor of the assessment. Robert Van Weerdhuizen, Noon Road: Spoke in favor of the assessment. The hearing was closed. BRENNER MOVED TO HAVE THE REQUEST PUT IN THE WATER RESOURCES COMMITTEE AND DETERMINE WITH THE COUNCIL'S BUDGET ANALYST, THE CONSERVATION DISTRICT, AND OTHERS WHO SPOKE AT THE HEARING, WHAT THE MONEY NEEDS REALLY ARE, AND INSTEAD OF AN ASSESSMENT SHE WOULD LIKE TO SEE THE COUNTY FUND IT. Council Minutes, 9/28/93, 4 Vander Yacht, Brenner, Henderson, Harris, Scholten, Digerness, Imhof, Warner and Laidlaw commented. Motion failed 1 -6 with Brenner in favor. VANDER YACHT MOVED TO ADOPT THE ORDINANCE. Henderson and Imhof commented. Motion failed 4 -3 with Warner, Vander Yacht and Imhof in favor. Brenner and Imhof commented. WARNER MOVED THAT THIS MATTER BE MOVED TO WATER RESOURCE COMMITTEE FOR REVIEW OF THE NEEDS THAT THE COUNTY HAS IN THIS AREA AND EXAMINATION OF THE FUNDING MECHANISM. Laidlaw said the motion is to put this into Water Resources and that Committee will presumably work with Finance and a number of people to look at the broader issue of how to deal with water quality issues, including the kinds of issues mentioned by the Soil Conservation District. Laidlaw, Warner, Imhof, Brenner and Harris commented. Motion carried unanimously. There was discussion about the time Water Resources will need for this issue. BRENNER MOVED TO HAVE THE WATER RESOURCES FAST TRACK THIS. ISSUE SO THEY CAN GET HELP TO THE SOIL CONSERVATION DISTRICT. The motion was not voted on. 3. ORDINANCE IMPOSING A 1993 MARRIAGE LICENSE FEE SURCHARGE TO FUND FAMILY SERVICES (AB93 -362) The hearing was opened. N.F. Jackson, Superior Court Clerk: Announced he was present to answer any questions. The hearing was closed. Brenner, Laidlaw and Jackson commented. Council Minutes, 9/28/93, 5 HENDERSON MOVED TO ADOPT THE ORDINANCE. Motion carried 6 -0 with Imhof absent. OTHER ITEMS 1. REQUEST TO AUTHORIZE THE EXECUTIVE TO ENTER INTO A CONTRACT EXTENSION WITH SIERRA SYSTEMS CONSULTANTS FOR THE PAYROLL IMPLEMENTATION PROJECT FOR $29,000 (AB93 -378) Henderson explained this item and reported the Committee recommended approval. HENDERSON SO MOVED. Motion carried 5 -0 with Imhof and Brenner absent. 2. REQUEST TO AUTHORIZE THE EXECUTIVE TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT FOR THE DEPUTY PROSECUTING ATTORNEYS (AB93 -379) Henderson explained this item and reported that the Committee recommended approval. HENDERSON SO MOVED. Motion carried 5 -0 with Brenner absent and Imhof not voting. 3. ORDINANCE AUTHORIZING THE APPOINTMENT OF A FAMILY COURT COMMISSIONER IN THE SUPERIOR COURT (AB93 -361) Henderson explained this item and reported that the Committee recommended approval. HENDERSON SO MOVED. Motion carried 7 -0. 4. ORDINANCE REVISING ORDINANCE 92 -036 ELIMINATING THE SUNSET DATE (AB93 -365) Henderson explained this item and reported that the Committee recommended approval. Council Minutes, 9/28/93, 6 HENDERSON SO MOVED. Motion carried 7 -0. 5. ORDINANCE AMENDING THE 1993 BUDGET, REQUEST NO. 13 (AB93 -325) Henderson explained this item and reported that the Committee recommended approval. HENDERSON SO MOVED. There was discussion. Motion carried unanimously. 6. ORDINANCE REVISING THE 1993 BUDGET, REQUEST NO. 14 (AB93 -366) HENDERSON MOVED TO ADOPT THE ORDINANCE. HENDERSON MOVED TO AMEND THE ORDINANCE TO INCREASE THE GRANT REVENUES IN THE HEALTH DEPARTMENT BY $14,000 AND INCREASE APPROPRIATIONS BY $14,000 FOR THE PURCHASE OF FURNITURE AND OTHER CAPITAL EQUIPMENT WITH ACCOUNTING CODES TO BE PROVIDED BY THE HEALTH DEPARTMENT. Motion to amend carried unanimously. Henderson explained portions of the supplemental budget proposal. There was discussion by Laidlaw and Imhof. Motion to adopt the amended ordinance carried unanimously. 7. ORDINANCE REGARDING THE MATTER OF PLACING A WEIGHT LIMIT ON H STREET BRIDGE NO. 41 AND PLACING DETOUR SIGNS AT JACKMAN ROAD & AXLING ROAD (AB93 -363) Imhof reported that the Public Services and Solid Waste Committee reviewed this ordinance and recommended approval. IMHOF SO MOVED. Motion carried unanimously. Council Minutes, 9/28/93, 7 8. ORDINANCE REGARDING THE MATTER OF PLACING A WEIGHT LIMIT ON THE NOOKSACK ROAD BRIDGE NO. 508 AND PLACING STOP SIGNS ON EACH ROADWAY APPROACH (AB93 -364) Imhof reported that a hearing would be needed on the stop sign portion of this request, noting that the Public Services and Solid Waste Committee favored adopting the weight limit portion of the ordinance at this time. IMHOF MOVED TO ADOPT THE ORDINANCE. IMHOF MOVED TO AMEND THE ORDINANCE BY ELIMINATING THE FOLLOWING PASSAGES RELATING TO THE PLACEMENT OF STOP SIGNS: ELIMINATE LINE 9 AND ELIMINATE THE PARAGRAPH BEGINNING ON LINE 20. Motion to amend carried unanimously. Motion to adopt the amended ordinance carried unanimously. IMHOF MOVED TO HAVE ENGINEERING STAFF DRAFT A NEW ORDINANCE PLACING THE STOP SIGNS AND SCHEDULE A HEARING. Motion carried unanimously. 9. RESOLUTION REGARDING IMPLEMENTATION OF THE LAKE WHATCOM URBANIZATION PROGRAM (AB93 -290A) HARRIS MOVED TO HAVE THE COUNCIL APPROVE THE AMENDED URBANIZATION PLAN AND PASS RESOLUTION DATED 9/10/93, REQUESTING IMPLEMENTATION OF THE AMENDED URBANIZATION PLAN. Harris commented that this motion was recommended by the Water Resources Committee. There was general confusion resulting from the resolution referring to an "Exhibit A" when the Committee felt it should refer to "Attachment A." Harris stated his intent to amend his motion to indicate the resolution should refer to 'Exhibit A" rather than "Attachment A." There was no motion to amend the resolution to make the change. However, the Council discussed Attachment A at length. LAIDLAW MOVED TO AMEND THE RESOLUTION ON LINE 18 TO TAKE OUT THE WORD "IMPLEMENTATION" AND INSERT THE WORDS "A PUBLIC PROCESS FOR THE CONSIDERATION OF COMPONENTS OF THE LAKE WHATCOM WATERHSED URBANIZATION PROGRAM." There was extensive discussion among Council Members. Council Minutes, 9/28/93, 8 HARRIS SUGGESTED A FRIENDLY AMENDMENT TO LAIDLAW S MOTION AS FOLLOWS: REMOVE THE WORD "IMPLEMENTATION" AND AFTER "BEGIN" ADD "TIE PLANNING COMMISSION HEARING PROCESS ON... " There was discussion among Laidlaw, Harris and Imhof. Laidlaw accepted this as a friendly amendment (actually a substitution). Motion to amend the resolution carried. Discussion began on Harris' plan (not stated as a motion) to amend the resolution to change the word "exhibit" to "attachment." LAIDLAW MOVED TO AMEND ATTACHMENT A, ACTION NUMBER TWO, THE PARAGRAPH UNDER PROCESS, TO CHANGE "WOULD REQUIRE LOT CONSOLIDATION" TO "COULD ENCOURAGE LOT CONSOLIDATION ", AND IN THE NEXT SENTENCE CHANGE "WOULD" TO "COULD." Motion to amend the resolution carried 6 -1 with Brenner opposed. LAIDLAW MOVED TO AMEND ACTION 1, SECOND SENTENCE: "AS A ................ SECOND PHASE THE COUNTY SIB �: IMPLEMENT A WATER ............... ................ ............... ................ RESOURCE..." Motion to amend attachment A passed 6 -1 with Brenner opposed. HARRIS MOVED TO AMEND IN "SUMMARY" ACTION 2, BY ADDING A SECOND SENTENCE WHICH WILL SAY "PROVIDE INCENTIVES FOR LOT CONSOLIDATION." There was discussion of the amendment. Laidlaw said this amendment would be dealt with later. Brenner said she felt that this motion should be voted on at this time. Warner and Laidlaw disagreed, saying that since it was a recommendation from the Committee, it would be-acted upon later. LAIDLAW MOVED TO AMEND PAGE 3 OF ATTACHMENT A, IN THE FIRST FULL SENTENCE, AS FOLLOWS: "AS A COROLLARY TO THE URBAN GROWTH AREAS, INTERIM ZONING COULD BE ESTABLISHED FOR THE NON -URBAN AREAS WHICH WOULD . °. D LIMIT SUBDIVISION ACTIVITY TO MATE' 1 oT PER FIVE O TEAT A !'RES.ii ".` ........ Motion to amend carried 6 -1 with Brenner opposed. LAIDLAW RESTATED TWO MOTIONS PREVIOUSLY MADE BY HARRIS WHICH HAD NOT BEEN VOTED UPON: HARRIS MOVED TO AMEND LINES 16 Council Minutes, 9/28/93, 9 AND 19 ON THE RESOLUTION ITSELF TO SAY "ATTACHMENT' NOT "EXHIBIT', AND HE ALSO MOVED TO AMEND IN "SUMMARY" ACTION 2 BY ADDING A SECOND SENTENCE WHICH WILL SAY "PROVIDE INCENTIVES FOR LOT CONSOLIDATION." There was no vote on this. Laidlaw indicated that those amendments should be included along with the main motion. She said that these amendments were made at the Committee level. Motion to adopt the amended resolution carried 6 -1 with Brenner opposed. INTRODUCTION 1. ORDINANCE FURTHER AMENDING THE WHATCOM COUNTY CODE TO ELIMINATE OR UPDATE OUT -OF -DATE REFERENCES TO "COUNTY COMMISSIONERS" (AB93 -247A) (REFERRAL TO FINANCE) 2. ORDINANCE AMENDING THE WHATCOM COUNTY CODE, REPEALING CHAPTER 5.04, AMBULANCE FRANCHISES (AB93 -247B) (REFERRAL TO FINANCE) 3. ORDINANCE AMENDING THE WHATCOM COUNTY CODE, REPEALING CHAPTER 5.56, TEENAGE DANCES (AB93 -247C) (REFERRAL TO FINANCE) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Annexations (AB93 -181): WARNER MOVED THAT THE FOLLOWING LANGUAGE BE THE COUNTY'S POLICY: WHATCOM COUNTY WILL SEEK REVIEW OF ALL ANNEXATION REQUESTS TO THE BOUNDARY REVIEW BOARD PRIOR TO THE ADOPTION OF INTERIM URBAN GROWTH AREAS AND THE ESTABLISHMENT OF INTERLOCAL AGREEMENTS BETWEEN THE COUNTY AND THE CITIES AS AGREED UPON IN THE COUNTY -WIDE PLANNING POLICIES, EXCEPT MINOR SEWER AND WATER EXTENSIONS AND EXCEPT AS SPECIFICALLY REQUESETED BY PLANNING FOR ANNEXATION PROPOSALS. There was discussion. Warner said that this amends the previous resolution without having a resolution enacting the amendment to the resolution. Motion carried unanimously. Council Minutes, 9/28/93, 10 County -wide Dog Control (AB93 -401) Brenner said the dog control request from Humane Society should be in Public Services on October 12. Right to Farm Amended Ordinance (AB93 -392) coming through on October 12. Aircraft Landing Zones (AB93 -213): WARNER MOVED TO CONFIRM COUNCIL'S ACTION WAS TO VOTE ON THE ORDINANCE ITSELF, NOT THE EXHIBIT A ONLY. Motion carried - unanimously. The meeting was adjourned. ATTEST: Ramona Reeves, Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Council Minutes, 9/28/93, 11