HomeMy WebLinkAboutCounty Council November 3 19921 WHATCOM COUNTY COUNCIL
2 Regular Meeting
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4 November 3, 1992
5 The meeting was called to order at 6 p.m. in the Council Chambers, 1000 N. Forest St.,
6 2nd floor, by Dan Warner, Chairman.
7 Present: Absent:
8 Barbara Brenner
9 Larry Harris
10 Ken Henderson
11 Bob Imhof
12 Marge Laidlaw
13 Dennis Vander Yacht
14 READING AND APPROVAL OF MINUTES
15 The minutes of the September 22, 1992, meeting were approved as presented.
16 PRESENTATION
17 1. SUE BLAKE, WATER RESOURCES MANAGER, TO DISCUSS THE
18 WELLHEAD PROTECTION GRANT RECENTLY AWARDED TO THE
19 COUNTY (AB92 -398)
20 Sue Blake, Water Resources Manager, discussed the Wellhead Protection Grant with
21 the Council. Blake summarized the background of the Centennial Clean Water Fund and the
22 Wellhead Protection Program. She also discussed Critical Recharge areas.
23 Blake stated that due to a lack of funding on the County's part, she does not
24 recommend taking the grant at this time. This is a fifty percent match grant. The Health
25 Dept. looked into handing this grant over to some other organization, but the Department of
26 Ecology stated that the Health Dept. could not do this.
27 Brenner asked if Ecology also said that the County could not charge fees. Blake said
28 that fees could be charged, but the process for collecting them under existing regulations would
29 be quite cumbersome.
30 Harris asked about the time limits for public water systems to come into compliance
31 with the new regulations. Blake said it would take two to five years once the WAC is in place.
32 She doesn't know who will get hit with that first, but she suspects that it will be the larger
33 systems. Harris and Blake discussed what would happen if a system failed to meet standards.
1 6:20
2 Laidlaw asked why we are not getting the grant. Shirley Van Zanten, Executive, stated
3 that the County applied for the grant last February; however, the County cannot come up with
4 the match.
5 Harris asked how important this grant is. Blake stated that the public water systems
6 are going to have to do it anyway. We can resubmit this proposal at a later date and hope that
7 the County would be reconsidered.
8 The presentation ended at 6:25.
9 2. REQUEST BY HENRY CAGEY, LUMMI INDIAN BUSINESS COUNCIL
10 TO EXPLAIN THE DANGERS OF THE APPLICATION TO CLEARCUT
11 MOST OF THE REMAINING OLD - GROWTH FOREST IN THE
12 ARLECHO CREEK BASIN (AB92 -399)
13 Vern Johnson represented Henry Cagey during this presentation. A video of the
14 massive clearcut in the Arlecho Creek basin was shown to the Council.
15 Johnson stated that the Lummi Nation is coming to ask to the Council for its help in
16 preserving the last of the old growth forest. Only thirty percent of the old growth is left, and
17 the clear cutting has created a number of unstable slopes in the area.
18 Warner asked what the Council could do to help. Johnson stated that the Council could
19 ask that a full environmental impact statement (EIS) be required.
20 Kurt Russo, Lummi Tree Protection Task Force, supported the request for an EIS and
21 asked further for help in getting the land out of the ownership of Golden Phoenix, a log
22 exporting company.
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24 Brenner asked why the Council's help is needed if Golden Phoenix has indicated a
25 willingness to sell and the Lummis are seeking funds for that purchase.
26 Russo stated that an EIS will not stop the cutting; only the Courts or buying the land
27 at fair market value can do that. Golden Phoenix wants secure financial assurance that the
28 Lummis will be able to purchase the land; the Lummis need time to raise these funds. Raising
29 the funds and going through the court process will require cooperation from Governmental
30 agencies such as the Council.
Council Minutes, 1113192, Page 2
1 Harris asked what would be the best first step.
2 Daniel A. Rass, Attorney for the Lummi Nation, stated that he believes the best thing
3 to do first would be to discuss with the appropriate staff the direction needed to request that
4 a full scale EIS be required from the Department of Natural Resources to the applicant,
5 Golden Phoenix. The current status is that an EIS has not been requested because they're
6 waiting for completion of the SEPA check list.
7 Warner said he would write a letter to the Administration asking the Planning Dept.
8 to attend the next Planning and Development Committee meeting on Tuesday, November 10,
9 to confirm the comments Rass made and give the Council direction.
10 OTHER ITEMS
11 1. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON ...
12 WATKINSON, S24 -91 AND CU54 -91 (AB92 -362)
13 Harris moved to uphold hearing examiner.
14 Motion carried 4 -0. Brenner, Laidlaw, and Vander Yacht abstained because they were
15 not in the Executive Session.
16 2. REQUEST FOR AUTHORIZATION TO SIGN AN INTERLOCAL
17 AGREEMENT WITH THE LUMMI INDIAN BUSINESS COUNCIL FOR
18 IMPROVEMENTS ON LUMMI SHORE ROAD (AB92 -405)
19 This item was held in Public Services Committee.
20 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
21 EXECUTIVE ITEMS
22 County Executive Shirley Van Zanten reported that she had no Executive items, but
23 that she would like to draw Council's attention to the status report on the Critical Areas
24 Ordinance prepared by Terry Galvin and the Planning Department.
25. HEARINGS
26 1. ORDINANCE ACCEPTING THE SYSTEM OF ASSESSMENTS
27 PROPOSED BY THE WHATCOM COUNTY CONSERVATION DISTRICT
Council Minutes, 1113192, Page 3
1 (AB92 -386)
2 Warner summarized the background on this item.
3 The public hearing was opened.
4 Bas Scholten, Chairman, Whatcom County Conservation District Board: Explained the
5 background and the reason for the existence of the Conservation District, and the scope of the
6 District's work. He also discussed why the District needs these funds and how cost effective this
7 can be for the County. Scholten read a letter from'Pierson Dykstra, 6304 Flannegan Rd.,
8 urging the Council to support this tax.
9 Doug Dobyns, Water Program Director for the Nooksack Tribe: Supports the
10 Conservation District Tax. He feels that with the polarization between the preservationists
11 and the land use activists, a district like this is needed to balance the groups.
12 Dobbins and the Council continued discussion on the tax.
13 Robert Van Weerdhuizen, President of Whatcom County Dairymans Federation: The
14 ecology people have really been looking into the dairy farms lately and increasing the
15 regulations. The District is necessary to help farmers cope with these regulations.
16 Jerry Digerness, Sumas Dairy Farmer and Supervisor on Conservation District Board:
17 Supports the tax; collect this money from the county and put to work for the county, keeping
18 the funds in the county. This tax would benefit the county in great ways. If people take care
19 of things voluntarily, it will stop further regulations. Urges the Council to pass this.
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Lauren Crabtree, Swanson Road, Sumas, member of the Board of Supervisors for the
Conservation District: Supports this tax and spoke highly of the Conservation District.
Hearing no further comments, Warner closed the public hearing.
Harris asked about work with the Critical Areas Ordinance (CAO). Does the
conservation district have a hostile attitude about the CAO? Digerness responded that the
Conservation District has no problem working with the CAO. Their philosophy is to use our
resources to their fullest and to leave them in better shape than they were found. For instance,
something coming up is nutrient management planning which will keep nitrates from entering
the water. If the Conservation District is funded, it can help implement these types of programs
now, rather than waiting until the government mandates that a problem be fixed and the
farmer can't afford to fix it.
Council Minutes, 1113192, Page 4
1 Henderson asked about continuing to pursue grants. Digerness said yes, but grants are
2 soft money and aren't expected to carry programs beyond getting them started. These monies
3 will be running out.
4 Laidlaw asked Digerness about there being no specific plan as to how the money would
5 be spent. Digerness answered that there is a ten year plan. The specific plans go in one year
6 increments through their budgets. Right now the main issues are animal waste management
7 and the Critical Areas Ordinance.
8 Laidlaw asked how parcels will be defined and what about skinny strips. Warner
9 pointed out that the report from the Conservation District contained definitions of parcels,
10 differentiating between rural parcels and urban parcels, and detailed some exclusions. This
11 report is not, Warner said, as detailed as the Treasurer and the Assessor need it to be in order
12 to sit down and run the parcels through. Perhaps the Flood Control parcel definitions could
13 be used. Digerness said the District would be open to discussing this.
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15 Warner stated that the problem here is that the Council "got fried" on the different
16 taxes they have imposed in the past. Warner thinks the Council needs to look at the burdens
17 which have been put on the Conservation District and address those, but he is not ready to
18 vote on this tax tonight.
19 Digerness stated that everyone needs to take a close look at where this county wants
20 to go; the District can provide these services at a lower cost than anyone else. It's time to step
21 out now, ahead of mandates, and to educate the public.
22 Warner stated that this may need to be referred back to a Committee.
23 Laidlaw stated that this has already been in committee and asked Digerness if he is
24 opposed to putting this on the ballot. Digerness stated that the Conservation District cannot
25 put this on the ballot, but the Council can. He dislikes, however, spending the time and money
26 that this would require.
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Vander Yacht stated that he strongly feels that any tax issue should go to a vote of the
people.
Henderson feels that the Council should allow public comment. He realizes that the
Council, by passing the CAO, has put a burden on the Conservation District and needs to
address that issue.
Brenner agreed with Vander Yacht, but wanted to suggest a wild idea: can the Natural
Council Minutes, 1113192, Page 5
1 Heritage taxes be used for this.
2 Warner suggested, once again, that this be referred to Finance Committee for the first
3 meeting in December. He asked Digerness for information about the increase in work load
4 as a result of Growth Management and a spending plan for the funds. Imhof said the cost to
5 the County of collecting these funds also needs to be computed for the Committee's decision.
6 Brenner wants the Natural Heritage tax explored for possible revenue sources. It was agreed
7 that with the Finance Committee's current budget schedule, it would be best to schedule this
8 for committee in December.
9 2. PETITION FOR THE VACATION OF A PORTION OF PORTIONS OF
10 WATERS AVENUE, CHESTNUT STREET, MYRTLE STREET, AND
11 ALLEYWAY ABUTTING THE NORTH HALF OF BLOCK 23, FILED BY
12 STAN GERITY (AB92 -370)
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Warner opened the Public Hearing
Hearing no one, Warner closed the Public Hearing.
IMHOF MOVED TO APPROVE THE VACATION
Motion carried unanimously.
3. ORDINANCE ESTABLISHING THE SPEED LIMIT ON GULF ROAD IN
POINT ROBERTS (AB92 -381)
Warner opened the Public Hearing
Hearing no one, Warner closed the Public hearing
IMHOF MOVED APPROVAL OF THE ORDINANCE.
Motion carried 6 -0, with Brenner absent.
4. ORDINANCE PROHIBITING NUDITY IN PUBLIC AREAS OF COUNTY
PARKS (AB92 -406)
Warner opened the public hearing.
Julie Clinton, Whatcom County Resident: Spoke against the ordinance. Enjoys nude
bathing and feels that signs posted at the top of the beach would be warning enough. Asked
Council Minutes, 11 -113192, Page 6
1 Council to read her letter. Referred to the other activities of other Park areas that have
2 specialized activities such as Plantation Rifle Range and several horse trails.
3 Scott Blume, Whatcom County Resident: Opposes the ordinance and feels that it could
4 have legal ramifications. The ordinance would make it a cause for citation if his 3 -year old
5 daughter did not have on a top. The beach has evidently bee clothing optional for at least 40
6 years. The users of Teddy Bear Cove are unique, just as the people are that use other County
7 Park amenities. He stated that the Park could be divided into two beaches, one nude and one
8 clothed. He asked that the Council set this ordinance aside.
9 Tom Scott, Whatcom County Resident: Spoke against ordinance. He does not use
10 Teddy Bear Cove, but this ordinance is similar to spot zoning. People can choose where they
11 go; many places do not have a history of nudity. He suggested a use of signs rather than police
12 enforcement. Pointed out that other specialty parks exist in the county. This beach is private
13 and remote.
14 Sandra Burns, Whatcom County Resident: For the ordinance. She was out kayaking
15 with a friend and came across a very rude gentleman doing things that were highly offensive.
16 Another time she and a friend came across a nude gentleman walking down the railroad
17 tracks. She feels that it's not just the location. The nude sunbathers don't stay on the beach, and
18 their lack of concern for others has led her to discontinue using the roads and railroad tracks
19 in the area for her walks.
20 Lloyd Austin, 1838 Lakeside: Commends the ordinance and also the County for buying
21 the land. It's a beautiful place that needs to be kept for the public. He does not feel the
22 taxpayer should pay for this type of place.
23 Steve DeBolt, 5203 Drayton Harbor Rd.: Morality should not be legislated. And don't
24 eliminate this option for the people of Whatcom County.
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26 Dave Cohn, 711 Chuckanut Drive: Spoke against the ordinance. He sails the bay, and
27 one has to look awfully hard to see a nude sunbather on the beach.
28 Steve Morgan, 2431 Toledo Street: spoke against the Ordinance. He does not want this
29 park turned into just another County Park. This is a special place without noisy music,
30 offensive people, or litter. The users of the beach take care of it, contrary to ordinary county
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33 Roberta Ripley, 2926 Elizabeth Street: She said taxes paid by citizens of Whatcom
34 County should not be paid to support special interests groups. This is a public area and the
Council Minutes, 1113192, Page 7
public should be able to use it.
2 Gigi Gibson, 1542 Iron St.: She has lived in Whatcom County for 15 years and is a
3 property owner who pays taxes. She is against the ordinance. If the County does not like
4 nudity, they should not have bought this property. It has a history of being clothing optional.
5 People are not required to take their clothes off. Questioned how the ordinance was going to
6 be enforced. There are other parks people can use. Teddy Bear Cove's users are tax payers,
7 too.
8 P.K. Connor, 1355 Chuckanut Dr.: If anyone is a neighbor to this property, he is it. He
9 has lived at this address for about seven years. He feels that the nude bathers should be left
10 alone.
11 Peter Drews, 2429 Victor St.: He says the problem here is diversity. People should have
12 places to go if that's what they wish to do. He spoke against the ordinance and asked that the
13 Council please leave the Cove as it has been for years.
14 Jim Saulsberry, 808 38th St.: Spoke against the Ordinance. He's a taxpayer who
15 supports leaving the Cove as is. The county can afford this diversity; the users of the beach
16 police themselves adequately, keeping rowdies away and keeping the beach clean.
17 Hearing no one else, Warner closed the public hearing.
18 Laidlaw clarified that this ordinance covers to all county parks. Warner concurred.
19 Laidlaw asked Randy Watts about the constitutional issues raised by the court case on the east
20 coast striking down this type of legislation. Warner intervened stating that Dan Gibson stated
21 earlier in the day that if the Council adopts this ordinance, it must address artistical and
22 theatrical issues because these are a first amendment right.
23 Laidlaw asked about other Park Department programs for special interest groups.
24 Watts added that this beach has been customarily used as a clothing optional beach; Council
25 would be hard pressed to classify any other beach in the county as clothing optional. They just
26 have not been used for this purpose.
27 8:15
28 Brenner asked if there is a law to prevent a person from walking into the Courthouse
29 without clothes on. Are there laws regarding how "nude" people can be in public. Watts said
30 yes, that type of activity in and of itself would fall under other laws.
31 Vander Yacht said he didn't want to dignify this bit of "fluff' by asking a legitimate
Council Minutes, 1113192, Page 8
1 question, but asked if there an age limit discussed in the ordinance? Watts said there was no
2 age limit in the ordinance, so even a two- year -old would be subject to a fine. Vander Yacht
3 said he intended to vote against the ordinance.
4 WARNER MOVED TO ADOPT THE ORDINANCE.
5 Imhof stated that he would vote against this ordinance, hoping that the Whatcom
6 County hasn't become so homogenous that it can't tolerate difference.
7 Brenner stated that she had mixed feelings, but she didn't like the ordinance. It is
8 offensive to her. She said that the people of the county should be asked if they want certain
9 types of land purchased. Teddy Bear Cove has a reputation and had it when the County
10 purchased it. Public monies should be used for as broad a spectrum as possible; that wasn't
11 done in the purchase of Teddy Bear Cove.
12 Warner said he feels that on the very few days of summer we have in Whatcom County,
13 that if some people want to go to a beach that has been traditionally clothing optional and take
14 their clothes off, they should have that freedom.
15 Henderson felt that it might be appropriate to have the Parks Board determine whether
16 or not signage might be appropriate whether the ordinance passes or not. He feels that the
17 ordinance is poorly drafted and questions its defensibility and enforceability.
18 The motion failed 7 -0.
19 5. ORDINANCE ESTABLISHING SERVICE FEES AND SETTING A FEE
20 SCHEDULE RELATING TO AMBULANCE SERVICE CHARGES (AB92-
21 407)
22 Warner opened the public hearing.
23 Dave Hammers, Medical Services Officer with Bellingham Fire Department: Here to
24 answer questions from the Council. Spoke to medicare issues and allowables.
25 Hearing no one else, Warner closed the public hearing.
26 LAIDLAW MOVED ADOPTION OF THE ORDINANCE.
27 Laidlaw questioned lines ten through twelve. She clarified these lines as Chairperson
Council Minutes, 1113192, Page 9
1 of the Finance Committee.
2 LAIDLAW MOVED TO REMOVE THE PHRASE "THE SUBSIDY AMOUNT
3 FOR THE AMBULANCE SERVICE HAS BEEN DETERMINED BY THE FINANCE
4 COMMITTEES OF BELLINGHAM AND WHATCOM COUNTY" AND ADD "A
5 SUBSIDY AMOUNT FOR AMBULANCE SERVICE HAS BEEN INCORPORATED
6 INTO THE 1993 PROPOSED BUDGET."
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Motion carried unanimously.
6. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO
ENTERPRISE ESTATES WATER ASSOCIATION FOR A PERIOD OF 25
YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE
WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND
MAINTAIN WATER MAINS AND WATER ' DISTRIBUTION LINES
ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED-AREAS
OF WHATCOM COUNTY (AB92 -397)
Warner opened the public hearing.
Hearing no one, Warner closed the public hearing.
IMHOF MOVED TO ADOPT THE ORDINANCE.
There was discussion on the ordinance.
Stan Lenssen, 2034 E. Hemmi Road answered questions of the Council regarding
easements.
Imhof withdrew his motion.
This item was referred back to Public Services Committee.
Because there was no further business, the meeting was adjourned at 8:45.
WHATCOM COUNTY, WASHINGTON
ATTEST: WHATCOM COUNTY COUNCIL
Council Minutes, 1113192, Page 10
Dana Brown - Davis, Assistant Clerk Daniel M. Warner, Chairman
Council Minutes, 1113192, Page 11