HomeMy WebLinkAboutCounty Council March 10 19921 WHATCOM COUNTY COUNCIL
12 Regular Meeting
3 March 10, 1992
4 The meeting was called to order by Council Chairman Daniel Warner at 7 p.m. in
5 the Council Chambers at 1000 N. Forest.
6 Present Absent
7 Dennis Vander Yacht None. .
8 Bob Imhof
9 Ken Henderson
10 Marge Laidlaw
11 Barbara Brenner
12 Larry Harris
13 EXECUTIVE ITEMS
14 Shirley Van Zanten explained the items.
15 1. BID AWARD RECOMMENDATION TO PROVIDE FLOATS AT THE
16 BOAT RAMP IN LIGHTHOUSE MARINE PARK, POINT ROBERTS TO
17 THE LOWEST RESPONSIVE BIDDER, WHATCOM CONSTRUCTION
18 INC., FOR $23,486.48 INCLUDING TAX (AB92 -116)
19 Laidlaw reported for Finance and recommended approval.
20 SHE SO MOVED.
21 The motion carried unanimously.
22 2. BID AWARD RECOMMENDATION TO CONSTRUCT A 20' X 40'
23 BUILDING AT THE PARK DEPARTMENTS PLANTATION RIFLE
24 RANGE TO THE LOW BIDDER, STRIDER CONSTRUCTION CO. INC.
25 FOR $78,800.72 INCLUDING TAX (AB92 -117)
26 Laidlaw reported for Finance and recommended approval.
27 SHE SO MOVED.
28 The motion carried unanimously.
29 3. BID AWARD RECOMMENDATION FOR A 15- PASSENGER VAN FOR
30 THE PARK DEPARTMENTS OUTSIDE WORKERS' PROGRAM TO
31 THE LOW BIDDER, WENDLE FORD, THE STATE CONTRACT
32 OPTION, FOR $17,644.09 INCLUDING TAX (AB92 -118)
1 Laidlaw reported for Finance recommended approval.
2 SHE SO MOVED.
3 The motion carried unanimously.
4 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
5 INTO A LEASE RENEWAL AGREEMENT FOR SPACE FOR THE
6 AUDITOR'S ELECTION SECTION (AB92 -119)
7 Van Zanten explained this issue.
8 Laidlaw reported for Finance recommended approval.
9 SHE SO MOVED.
10 The motion carried unanimously.
11 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
12 INTO A CONTRACT WITH LAKE WHATCOM RESIDENTIAL AND -
13 TREATMENT CENTER FOR MENTAL HEALTH SERVICES IN THE
14 AMOUNT OF $77,400 (AB92- 120)$70,400
.5 6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
16 INTO A CONTRACT WITH WHATCOM COUNSELING AND
17 PSYCHIATRIC CLINIC FOR MENTAL HEALTH SERVICES IN THE
18 AMOUNT OF $76,840 (AB92- 121)$70,840
19 Laidlaw reported for Finance and recommended approval of items 5 and 6.
20 SHE SO MOVED.
21 The motion carried unanimously.
22 7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
23 INTO AN INTERLOCALAGREEMENT BETWEEN THE COUNTY AND
24 THE CITY OF BELLINGHAM FOR EXCHANGING SOLID AND
25 HAZARDOUS WASTE MANAGEMENT SERVICES FOR $121,400
26 (AB92 -122)
27 Van Zanten explained this issue.
28 Laidlaw reported for Finance and recommended approval.
Minutes, 3/10/92, Page 2
1 SHE SO MOVED.
2 The motion carried unanimously.
3 8. EXECUTIVE'S REPORT
4 County Executive Shirley Van Zanten gave the following report.
5 Courthouse Building Project (AB91- 3.69): Continuing on schedule but there have
6 been problems with sound and fumes. She said there are efforts to develop methods of
7 responding to this issue. All windows on the east side and all windows on the south side of
8 the first two floors will be sealed when some fresh air intakes are developed.
9 Severe Public Health Hazard for Lake Whatcom (AB92 -079): There was a reply
10 from the State Department of Health saying it is not a health hazard if people use treated
11 water but they do agree this designation should be in effect for issues of sewage.
12 Road Progress Report (AB91410): This report was distributed..
13 Waste reduction and recycling (AB92- 157): Overview of 1992 activities to promote
14 waste reduction and recycling in the non - residential sectors and the report on 1992
15 projections was explained.
6 Buildings and Code Monthly Permit Activity: This report was distributed.
17 OPEN SESSION
18 Dan Harvey, 323 East Lake Samish Way (AB92 -052): Concerned about a shooting
19 that occurred in their area. He said he hoped that area can become a part of the no
20 shooting zone.
21 Ted Holtzheimer, 3838 Loomis Trail Road (AB92 -123): He is representing his son,
22 Brad, whose land has been rezoned so that he cannot build. Holtzheimer said the land was
23 previously zoned industrial. He urged the Council to delay action ' on this issue so he can
24 do a complete review of the whole Gateway area. He asked that the Planning and
25 Development Committee send him a written summary of the reasons for their decision at
26 today's meeting.
27 Frank Winslow, 433 17th Street (AB92 -133): He said Whatcom County is not well
28 represented on either the Northwest Regional Council and the North Sound Regional
29 Support Network. He would like more response to his correspondence. Warner said the
30 _ Council appreciated his letters and has discussed the points he made on Council
31 : r ;, reorganization.
Minutes, 3/10/92, Page 3
1 Marge Forest, 4400 Nordum Road, Everson (AB92 -003): She read from a letter
2 stating the jobs of the future will have disappeared and the environment ruined. Building
3 permits are strictly adhered to but the ruination of the ecosystem is not. Careful
4 management could save the environment and preserve future jobs and the way -of -life in the
5 County,.
6 John Hruby, 7401 Valley View Road (AB92 -123): Re the Leclezio rezone, he is
7 concerned there is some deviation from proper practice regarding an EIS; rather than wait
8 for a SEPA review it was proceeded with _and the SEPA process was not followed properly.
9 He asked about the hearings that will occur.
10 Will Lesh, Nordum Road (AB92 -003): Said the' Council has been legislated out of
11 the loop of authority. We do need a united Council to impact the State level. He said the
12 protection of jobs in the timber industry, the beauty of the County, water quality, flooding,
13 and public health can be acted on by the County Council. He asked that the effects of
14 aerial spraying be addressed by the Council.
15 Fred Miller, 3229 North Shore Road (AB92 -079): Hopes the Council does not
16 become complacent. Treated drinking water does not reflect a healthy watershed. Potential
17 spills, leakage from the dumps continue to cause problems and he hopes the Council will
18 review the subarea plan. It is a critical time to speak to the state now that rule changes are
19 happening. Please do not forget the three years of complaints his group has brought to the
20 Council. The Bonneville powerline project is in the scoping process. This is very important
;1 as Department of Natural Resources (DNR) was not aware of it.
22 Jean Westgate, 3908 Cabrant Road (AB92 -003): Said they appreciated the Council's
23 efforts. Warner said a meeting is being scheduled at her house. Westgate did not know this
24 but said that was great.
25 Lawrence Gameinen, 3443 Breckenridge Road (AB92 -099): Voiced his approval of
26 the right to farm ordinance.
27 HEARINGS
28 1. ORDINANCE REGARDING THE GROWTH MANAGEMENT ACT
29 MANDATE TO CLASSIFY AND DESIGNATE AGRICULTURAL
30 RESOURCE LANDS ON AN INTERIM BASIS (PLANNING DEPT. FILE
31 REF. 13- 91.CZM) (AB92 -097)
32 Dan Taylor, County Planning Director, explained this issue including the following:
33 development of a LESA system; review of the agricultural zoning and text; and transfer of
34 development rights.
35 The public hearing was opened.
Minutes, 3/10/92, Page 4
1 Gerb Oordt, 1791 Hartsell Road: Lived 62 years in the County and has seen great
2 changes take place. Criticized the short sightedness of previous commissioners who allowed
3 housing to build a few feet from his barn. He is against the legislation on manure
4 management; people are crowding in from the cities who do not understand farming
5 operations. He said the Council should not shut down a farmer's chance to provide food
6 and needs to be concerned how the agricultural rules are preserved.
7 Darlynn Del Boca, 7208 Langkaar Road: Reiterated the concern on how the Council
8 preserve our farmland. She said she appreciated the fact the Council does not have enough
9 information on hand to make decisions on these critical issues. She questioned the amount
10 of information that has been distributed to residents who will be impacted. She discussed
11 the mineral legislation that is in the State at this time. She also spoke of the inventories
12 being considered and of the LESA system as a conversion system.
13 Warner discussed the LESA system. There was discussion between Del Boca and
14 Warner on the wetlands issue.
15 Dave Ernst, 306 W. Champion: Speaking as a citizen not as a Planning Commission
16 member. He was the lone vote against it in the Commission hearings. His concern is that
17 the present ordinance permits by conditional use the strip mining of the ag zone. The
18 Planning Commission will be recommending surface mining zones in agricultural and forest
19 zones in the County. He said he thinks this should be removed from the agricultural zone.
20 Time constraints allowed this to come to the Council with surface mining included. He
11 stated Critical Areas ordinance has not been dealt with in the Commission. He said he
22 fears there could be significant reductions in agricultural land.
23 Imhof and Warner discussed the wetland's inclusion in the agency report. He asked
24 that the Council not deal with this tonight before the rest is available for its review.
25 The public hearing was closed.
26
27 Harris asked Taylor what would happen if this passes; Taylor said it would be worked
28 on but could be changed later. Harris spoke about the need to preserve agricultural lands
29 as proposed by the Growth Management Act (GMA).
30 LAIDLAW MOVED ADOPTION OF THE ORDINANCE.
31 HARRIS MOVED TO AMEND TO ADD AFTER THE FIRST PARAGRAPH
32 UNDER VII ACTION PLAN, ADD "THE POLICIES OF THIS PLAN SHALL BE THAT
33 THE AGRICULTURAL LANDS IN WHATCOM COUNTY SHOULD BE PRESERVED
34 FOR THE CURRENT AND FUTURE PRODUCTION OF AGRICULTURAL
35 COMMODITIES."
36 The amendment carried unanimously.
Minutes, 3/10/92, Page 5
1 There was discussion about surface mining among Taylor, Warner, Laidlaw and
2 Brenner.
3 BRENNER MOVED TO AMEND TO ADD UNDER PARAGRAPH THREE,
4 '"THE QUESTION OF SURFACE MINING IN AGRICULTURAL AREAS SHOULD BE
5 REVISITED IN A TIMELY MANNER."
6 The amendment carried unanimously.
7 It was noted there needed to be a correction on page 10 of the document to add
8 Exhibit A at the top of the page.
9 HARRIS MOVED TO ADD AFTER GROWTH MANAGEMENT ACT, ONLINE
10 3 OF PAGE 25, '"THE AGRICULTURAL POLICIES FROM THE SUBAREA PLANS,"
11 The amendment carried unanimously.
12 The amended ordinance carried unanimously.
13 2. ORDINANCE ACKNOWLEDGING THE EXISTING FORESTRY
14 COMPREHENSIVE PLAN AND ZONING DESIGNATIONS AS
15 PROTECTION OF THE FORESTRY RESOURCE UNDER THE
16 INTERIM NATURAL RESOURCE REQUIREMENTS OF THE
L7 GROWTH MANAGEMENT ACT (PLANNING DEPT. FILE REF. 15-
18 91.CZM) (AB92 -098)
19 Taylor said they did not do anything to expand or contract the existing boundaries.
20 The public hearing was opened.
21 Cynthia Rogers, lives in a forestry area: Asked for a definition of a rural forestry
22 area and commercial forestry.
23 Taylor said they are converting all the county to fit into one of these designations.
24 The difference is that there can be one dwelling per 20 acres on rural forestry and no
25 dwelling in commercial forestry areas.
26 Fred Nowicke, 3341 Berg Road, Everson: Asked why there is mining in forest lands.
27 Warner said it is a conditioned use.
28 Steve DeBolt, 5203 Drayton Harbor Road: Wants the words "shall impose penalties"
29 added and insist on a minimum penalty.
30 The public hearing was closed.
Minutes, 3/10/92, Page 6
IMHOF MOVED TO ADOPT THE ORDINANCE.
2 The motion carried unanimously.
3 3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLES 20
4 AND 21 AND CREATING A NEW TITLE 14 TO ADOPT A RIGHT TO
5 FARM LAW THAT COMPLIES WITH THE GROWTH MANAGEMENT
6 ACT BY REQUIRING THAT ALL PLATS, SHORT PLATS,
7 DEVELOPMENT PERMITS AND BUILDING PERMITS ISSUED FOR
8 DEVELOPMENT ON OR NEAR DESIGNATED AGRICULTURAL
9 LANDS CONTAIN A NOTICE THAT THE SUBJECT PROPERTY IS
10 NEAR DESIGNATED AGRICULTURAL LANDS ON WHICH
11 COMMERCIAL ACIWITIES MAY OCCUR THAT ARE NOT
12 COMPATIBLE WITH RESIDENTIAL DEVELOPMENT (PLANNING
13 DEPT. FILE REF. 13- 91.GMA) (AB92 -099)
14 Taylor explained the issue.
15 The public hearing was opened.
16 Lois Garlick, 297 Chuckanut Point Road: The hold harmless agreement gives the
17 citizens no recourse to complain about pesticide violations or drainage.
_8 Darlyn Del Boca, 7209 Lankhaar Road: In favor of the ordinance but does say she
19 uses some chemicals. She has lost an animal to someone else's overuse of chemical and
20 agrees the hold harmless agreement may not be fair.
21 Gerb Oordt,1791 Harksell Road: Asked about existing facilities and how this would
22 affect him.
23 Will Lesh, Nordum Road, Everson: His concern is with wells and the need for them
24 to be protected.
25 Dan Overman, 205 Reeds Lane: He is a dairyman and farmer and his farm is forced
26 to comply with the regulations or the buyers will not buy their products. He said one must
27 be certifed by the state to spray pesticides.
28 The public hearing was closed.
29 BRENNER MOVED THE ORDINANCE BE ADOPTED.
30 Items discussed were: system of arbitration rather than law suits; hold harmless
31 agreement's force; and nuisance suits.
Minutes, 3/10/92, Page 7
1 Comments were made by: Brenner; Vander Yacht; Imhof; Warner.
2 Warner asked Dave Grusenmeyer if his department could conciliate disputes between
3 the farmers.
4 Laidlaw asked about "good management practices" instead of 'best management
5 practices."
6 Grusenmeyer said the best management practices designation has special significance;
7 the new coastal management regulation -is coming out with management measures instead
8 of best management practices. He said not all practices will fit together in all situations.
9 9:22 p.m.
10 Henderson asked under what other areas residents would be asked to sign a hold
11 harmless agreement. He said the disclosure statement is strong enough without the hold
12 harmless agreement.
13 HENDERSON MOVED TO WITHDRAW SECTION 14.040 HOLD HARMLESS.
14 The motion failed with Henderson and Laidlaw in favor.
15 HARRIS MOVED TO ADD AFTER ESTABLISHED USE, "AN EXCEPTION
16 BEING OF HEALTH AND PUBLIC SAFETY."
17 The motion failed with Henderson, Vander Yacht and Harris in favor.
18 It was noted that "Exhibit A" be added at the top of page 26.
19 The motion to adopt the ordinance carried unanimously.
20 OTHER ITEMS
21 1. CONSIDERATION OF A DOWN ZONE FROM GATEWAY
22 INDUSTRIAL TO RURAL ZONE TO ALLOW BANK FINANCING FOR
23 A SINGLE FAMILY HOUSE WHICH THE COUNTY INCLUDED IN
24 INDUSTRIAL ZONING AS PART OF AN AREA -WIDE PROCESS
25 (AB92 -123)
26 Henderson reported for Planning and Development. Mr. Holtzheimer has withdrawn
27 this item and it may be resubmitted at a later time.
28 2. RESOLUTION ENDORSING THE RECOMMENDATION OF THE
29 FINANCIAL MANAGEMENT COMMITTEE AS TO THE
30 REORGANIZATION OF THE COUNTY'S INTERNAL FINANCIAL
31 STRUCTURE (REQUESTING ACTION ON 3/10) (AB92 -125)
Minutes, 3/10/92, Page 8
1 This item was postponed.
2 3. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING
3 ON SALE OF COUNTY -TAX TITLE PROPERTY, REQUEST NUMBER
4 69 (AB92 -126)
5 Laidlaw•reported for Finance and recommended approval to hold a hearing at the
6 next available time.
7 SHE SO MOVED.
8 The motion carried unanimously.
9 4. APPOINTMENT TO THE SOLID WASTE ADVISORY COMMITTEE,
10 REPLACING NANCY KEENE (AB92 -055A)
11 Warner nominated Joe Vincent
12 Imhof nominated Robert Marmaduke.
13 LAIDLAW MOVED TO SUSPEND RULES AND APPOINT TONIGHT.
14 The motion was carried unanimously.
5 Warner and Brenner spoke in favor of Vincent.
16 Mr. Vincent won the appointment 6 -1 with Imhof voting for Marmaduke.
17 5. APPOINTMENT TO THE OPEN SPACE ADVISORY COMMITTEE (HELD
18 OVER FROM PAST MEETINGS) (AB92 -055B)
19 There were no applicants for this position.
20 6. REQUEST FOR CONFIRMATION OF CONCURRENT APPOINTMENT
21 OF JIM WILSON TO THE BELLINGHAM /WHATCOM COUNTY
22 HOUSING AUTHORITY (REQUEST FROM THE CITY FOR A CITY
23 POSITION ON THE BOARD. THE TERM WILL RUN TO 4/18/97
24 (AB92 -127)
25 LAIDL.AW MOVED TO CONFIRM THE APPOINTMENT OF JIM WILSON.
26 The motion carried unanimously.
27 7. NEW APPLICATION FOR A CLASS CD LIQUOR LICENSE BY
28 ROBERT D. BELL FOR ANDERSON CREEK LODGE, 5602 MISSION
Minutes, 3/10/92, Page 9
1 ROAD, BELLINGHAM, WA 98226 (AB92 -128)
2 Imhof reported for Public Service and recommended approval.
3 HE SO MOVED.
4 The motion carried unanimously.
5 INTRODUCTION
6 1. RECEIPT OF OPEN SPACE APPLICATION FROM KNUTZEN (AB92-
7 110)
8 2. ORDINANCE AMENDING THE WHATCOM COUNTY
9 COMPREHENSIVE PLAN TO COMPLY WITH THE GROWTH
10 MANAGEMENT ACT MANDATE TO CLASSIFY DESIGNATE, AND
11 PROTECT MINERAL RESOURCE LAND ON AN INTERIM BASIS
12 (PLANNING FILE REF. 14 -91 CZM) (AB92 -100) (HEARING ON 4/14)
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3. ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM
COUNTY ZONING ORDINANCE, TITLE 20, TO CREATE TWO NEW
SECTIONS: WHATCOM COUNTY CODE 20.73, MINERAL RESOURCE
AREAS (1) SPECIAL DISTRICT, (MRA -1); AND WCC 20.74, MINERAL
RESOURCE AREAS (2) SPECIALDISTRICT (MRA -2) (PLANNING FILE
REF. 14 -91 CZM) (AB92 -105) (HEARING ON 4/14)
4. ORDINANCE TO REVISE CHAPTER 3.08 OF THE WHATCOM
COUNTY CODE THAT ESTABLISHES THE PURCHASING
DEPARTMENT (AB92 -129) (FINANCE)
5. ORDINANCE AMENDING THE 1992 BUDGET (AB92 -130)
(FINANCE)
6. RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED
BY COUNTY ON TAX FORECLOSURE, REQUEST NUMBER 69 (AB92-
126A) (HEARING TO BE SCHEDULED; SEE AB92 -126)
Items 1 -6 were introduced and will be forwarded for the appropriate action.
The Council recessed and reconvened as the Lake Management District No. 1, Lake
Samish governing body.
GOVERNING BODY, LAKE MANAGEMENT DISTRICT NO. 1, LAKE SAMISH
Minutes, 3/10/92, Page 10
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1. RESOLUTION ESTABLISHING LAKE MANAGEMENT DISTRICT ADVISORY
COMMITTEE (AB92 -101)
HARRIS MOVED TO ADOPT THIS RESOLUTION.
The motion carried unanimously.
The Council adjourned as the Lake Management District governing body and
reconvened as the Council.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Flood funding memo (AB91- 071L): Brenner supports the concept but would like to
revisit the charges under a certain value.
County Council Operations (AB92 -113): Laidlaw spoke of item 3 from the Bob
Woods memo dated February 26, 1992.
LAIDLAW MOVED TO AGREE TO ITEM 3 IN CONCEPT.
The motion carried unanimously.
Growth Management mailing to advertise the town meetings (AB92 -058): Items
discussed were: what the mailing piece would contain; the cost; the need to inform the
public; the timeline for the mailing; possible other kinds of advertising.
Comments were made by: Laidlaw; Vander Yacht; Brenner; Harris; Henderson.
]HENDERSON MOVED TO APPROVE A $17,000 CAMPAIGN WITH THE
PRINCIPLE COMPONENT BEING A MAILER.
The motion carried 5 -2 with Harris and Vander Yacht against.
The dates for the town meetings to take public testimony on the Critical Areas
Ordinance will be Tuesday, March 31, April 1, and 2.
HENDERSON MOVED THE MEETINGS BE AT MOUNT BAKER MARCH 31,
NOOKSACK VALLEY, APRIL 1 AND SEHOME HIGH SCHOOL APRIL 2 FROM 6:30
TO 9:30 P.M.
The motion carried unanimously.
Forestry Cuts in Blue Canyon (AB92 -104): Warner said the concerns about the cut.
Department of Natural Resources (DNR) said the review by helicopter could be done but
Minutes, 3/10/92, Page 11
1 it costs $1,200 a day and DNR would like Whatcom County to help with the cost. Warner
2 suggested each Council member contribute a share of their travel budget to cover this cost.
3 This would be a one -time thing.
4 Items discussed were: establishment of a relationship with DNR; assertion there
5 were no significant trees cut; futility of writing strong letters when they were probably doing
6 their job.
7 Comments were made by: Harris; Warner; Vander Yacht; Henderson.
8 WARNER MOVED THE COUNCIL TAKE $600 IN EQUAL AMOUNTS FROM
9 EACH MEMBER'S TRAVEL BUDGET TO HELP WITH THIS COST ON A ONE -
10 TIME ONLY BASIS.
11 The motion carried with Laidlaw, Harris and Imhof against.
12 Forest Practices on Cornell Creek: Henderson said the permit was originally
13 appealed by the Lummi Nation and . the neighbors. It was settled out of court. DNR
14 ordered an expansion to the permit without anyone being notified. Tom Gaines spoke to
15 the Planning and Development Committee on this issue.
16 Conflict of Interest (AB91- 129A): Brenner mentioned she had a complaint that
17 Gordon Scott had a conflict of interest because he was an original member of Friends of
i8 Lake Whatcom. She said she sees no conflict as he has the necessary expertise and training
19 to do his job and the Friends of Lake Whatcom is a non -profit organization.
20 Staff Report (AB92 -113): Woods said he would speak on his proposal Part II, April
21 7 and will deal with budget issues.
22 Jail Tour: Dale Brandland invited the new members to tour the jail. Chief Civil
23 Deputy Prosecutor Randy Watts said it would be subject to the public meeting rules if two
24 were on the same committee.
25 The meeting adjourned at 10:50 p.m.
26 WHATCOM COUNTY COUNCIL
27 ATTEST: WHATCOM COUNTY, WASHINGTON
28 C�� IG
29 Barbara Maher, Depu Jerk Daniel M. Warner, Chairman
Minutes, 3/10/92, Page 12