HomeMy WebLinkAboutCounty Council August 4 1992WHATCOM COUNTY COUNCIL
Regular Meeting
August 4, 1992
The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest
St., by Daniel M. Warner, Chairman.
Present:
Barbara Brenner
Larry Harris
Ken Henderson
Bob Imhof
Marge Laidlaw
OTHER ITEMS
Absent:
Dennis Vander Yacht
1. DECISION ON REMAND TO HEARING EXAMINER OF A
SHORELINES VARIANCE APPEAL, SV 1 -91, FILED BY KIRK &
SHERRY HENDERSON (AB91 -206)
BRENNER MOVED TO ADOPT THE HEARING EXAMINER'S DECISION.
The motion carried 5 -1 with Laidlaw opposed.
It was noted the structure will need to be removed 45 days from the approval from
the Department of Ecology.
2. DISCUSSION OF REQUEST TO RECONSIDER APPEAL OF HEARING
EXAMINER'S DECISION (FILE NO. 53 -92, SUBSTANTIAL
SHORELINES DEVELOPMENT PERMIT), FILED BY WHATCOM
COUNTY WATER DISTRICT NO. 10 (AB92 -246)
Warner explained the issue and the Hearing Examiner's decision.
Harris said he is persuaded by the argument that the need is to improve the
infiltration & inflow (i &i) problem. If a large percentage of the i &i is kept out, it seems
there would be adequate room for sewage.
Items discussed were: the need for locational alternatives; project alternatives;
remand to the Hearing Examiner's; infiltration problems.
Comments were made by: Laidlaw; Warner; Harris.
Minutes, 8/4/92, Page 1
BRENNER MOVED TO REMAND THIS ISSUE TO THE HEARING
EXAMINER.
There was discussion about other options and alternatives.
Brenner withdrew her motion.
BRENNER MOVED TO RESCIND THE COUNCIL'S ORIGINAL MOTION.
Warner seconded the motion to rescind.
Items discussed were: the possible action if the appeal was rescinded; whether the
record was sufficient when originally decided; delay in reapplying for a sewer line; definition
of alternatives; inadequate capacity; generator addition to the pump- station.
Comments were made by: Warner; Laidlaw; Harris; Imhof; Henderson; Watts.
The motion failed with 3 -3 Imhof, Harris and Laidlaw opposed.
HENDERSON MOVED TO RECONSIDER THE DECISION TO RESCIND.
The motion passed 4 -2 with Harris and Imhof against.
BRENNER MOVED TO RESCIND THE ORIGINAL MOTION.
This motion failed 3 -3 with Laidlaw, Harris and Imhof against.
Warner and Harris discussed their position.
Items discussed were: feasibility; definition of "other things;" flexibility.
Comments were made by: Laidlaw; Warner; Harris.
LAIDLAW MOVED TO AMEND THE PREVIOUS DECISION TO REFLECT
THAT COUNCIL'S DEFINITION OF "ALTERNATIVES' ' AS BROADER THAN JUST
LOCATION.
The motion passed 5 -1 with Imhof against.
The Hearing Examiner's decision is affirmed. The type of activity should be located
away from shorelines unless alternatives are infeasible; the term alternatives refers to a
broad range of options beyond merely locational.
IMHOF MOVED TO REMAND THE ISSUE BACK TO THE HEARING
Minutes, 8/4/92, Page 2
EXAMINER SO THAT THE PARTIES OF RECORD CAN GIVE TESTIMONY
UNDER THE NEW DEFINITION.
After discussion, Imhof withdrew his motion.
ADDENDUM
SPECIAI: PRESENTATION
1. Informational presentation by Robin Matthews on the Lake Whatcom interim
zoning issue (AB92 -310)
Matthews presented a slide presentation.
Laidlaw asked about biological oxygen demand for critters in the lake. Matthews said
she had results from recent testing and the oxygen content is very low.
Henderson_ asked how this watershed compared to other watersheds. Matthews said
national urban run -off studies show that our polluted water is reasonably clean. The point
is that our run -off is polluted compared to our forest run -off. Henderson asked if there is
a comparative study from 25 years ago. She said she has measurement of differences but
is not certain which of the causes is the culprit.
Sue Blake, Water Resource Manager: Commented on the oxygen in the lake.
Diane Harper, Senior Planner: What will happen to Lake Whatcom and in how
long? Matthews said it is normal for lakes to become more productive with development
but did not give a time -frame.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Nor -Bell: Warner said Lloyd Austin suggested it be used for short-term prisoners.
He had also mentioned nude bathing in Teddy Bear Cove.
The meeting adjourned at 8:45 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
bara Maher, Deputy k Daniel M. Warner, Chairman
Minutes, 8/4/92, Page 3