HomeMy WebLinkAboutCounty Council October 13 1992• s
WHATCOM COUNTY COUNCIL
2 Regular Meeting
J October 13, 1992
4 The meeting was called to order at 6.30 p. M the Council
5 Forest St., 2nd floor, by Chairman Daniel M. W aer.
6
7 Barbara Brenner None
8 Lw-ry Harris
9 Ken Henderson
10 Bob Imhof
11 Marge Laidlaw
12 Dennis Vander Yacht
13 READING A -APPROVAL OF MINME
14 The minutes of September 10 meeting were accepted as presented.
15 EXECUTIVE ITEMS
Chambers, 1000 N.
16 1. REAPPOINTMENT FOR ALAN ROSS TO A SECOND FULL TERM ON
" THE NORTHWEST SENIOR SERVICES BOARD TO RUN FROM 7/1/92
TO 6/30/95 (AB92 -404)
19 2. NEW APPOINTMENT OF ADRIANNE HUNTER TO A FIRST FULL
20 THREE -YEAR TERM TO RUN FROM 7/1/92 TO 6/30/95 (AB92 -404)
21 Shirley Van Zanten, County Executive, explained items 1 & 2.
22 LAIDLAW MOVED TO CONFIRM THE APPOINTMENTS.
23 The motion carried unanimously.
24 3. PRESENTATION OF THE EXECUTIVE'S PROPOSED 1993 BUDGET
25 (AB92 -391)
26 Van Zanten distributed the documents to the Council and read the budget message.
27 She explained it is a status quo budget with very few additions or cuts. There were cuts of
28 just over $600,000.
29 Washington State Association of Counties (WSAC) has stated it expected the
30 Criminal Justice funding will continue until the end of 1993 at least.
31 There is a proposal for an additional clerk in Maintenance &, Operations for
32 inventory control in line with recommendations by the State Auditor.
AOL
1 Van Zanten discm- ed the criminal justice needs and where funding might he
2 developed.
4� REAL- ' FORA THORIZA"ON FOR THE EXECUTIVE TO ENTER
4 'O AN �RLDCAL COOPERATIVE AGREEM -10 'I E
NORTHWEST REGIONAL UNC L (AR92 -40
6 Laidlaw reported for Finance and recommended approval.
7 SIZE SG MOVED.
g The motion carried unanimously.
9 5. EXECUUVES REPORT
10 Van. Zanten distributed the following:
11 pjrogress Report (AB91- 410): dated October 1.
12 Water Resource Plan (AB92- +043)-. Van Zanten said DOE would provide a grant for
13 this purpose but it would need a sizeable match from the County.
14 OPEN SESSION
James Gillies, 5636 Bellaire Way (AB92 -396): Requested information on a water
YU
line from Ferndale to Nor -Bell. It was meant to provide water for the Nor-Bell facility,
of Smith
17 Library, etc. but not for further development; he has witnessed an extension north
18 Road and requested an answer as to whether this was for development. Brenner dated. said
i t a t
19 at Water Resources meeting, the contractor said that size of a pipe was
20 said she would make a file available to him.
21 Jim Trull, 7417 West Mercer Way, Mercer Island (AB92- 053A): Proponents of the
22 Custer rezone. He said that many supported the project and were disappointed with the
23 decision.
24 A.J. Gould, 190 W. Lake Samish (AB92 -295): Said a timber company are saying
etc. B Skookun� creek.
25 they will charge a fee for use of their property for hiking, y closing
26 Road, it allowed them to charge at the only other access. oiJrg�dre Council
uest free write
use � Crown 1�
27 Pacific and Mutual Life Insurance Company of New q Gould
28 property. He said the property is listed as forestry at the Assessors office;
29 questioned whether the owners could charge for access when they were getting a tax break.
30 .Alvin Starkenlburg, Whatcom Sand & Gravel (AB92- 401): Submitted a plan which
31 would help facilitate changes in the sand and gravel industry. Starkenbu g said s an d
12 concerned about the process the sand and gravel issue has taken overt past e y da
3 he hoped this can be brought back on course.
Minutes, 10/131192, Page 2
I Jean Ira-, stone, 3200 Vallette Street (AM92- 053A): She said she is bktw d because
2 she owns l wd by the railway and- is saddened mat the meter re-zona world have pa -o ded
many lobs in the vicinity. Freestone stated that those who bier-0-fits are the ones who live
a taiile array and the odes who suffers are the people who live by the trac d lost; value
5 on their lands She said this project would have provided lob opportunities.
6 Michael Thamsett, 3200 Vallette Street (AB92- 053A)o Urges the rezone be
7 reconsidered,
g Pat Darling, 868 Chuekanut Dave (92 =1132): He said he was concerned that the
9 time issue has been deleted and the decibel level as well from the ordinance. He said he
10 would request that the discharge of firearms be prohibited within 1040 feet of other homes.
11 Ruth Tndl, 7714 West Mercer Way, Mercer Island (AB92- 053A): After reviewing
12 the Council comments, she asked the Council to reconsider. The Council perceived there
13 was not a need, but that is not the case. She proposed the Council spend some time with
14 an expert to compare appropriate locations.
15 HEARINGS
16 1. ORDINANCE AMENDING THE WHATCOM COUNTY CODE
17 CHAPTER 15.16, THE UNIFORM FIRE CODE AND ADOP'T'ING BY
R REFERENCE TIEF 1991 EDMON OF THE UNIFORM FIRE CODE,
� PERMANENT RULES 91 -16 -115 AS AMENDED AND APPENDICES
20 THERETO PUBLISHED BY THE IN'T'ERNA'T`IONAL CONFERENCE, OF
21 BUILDING OFFICIALS AND THE WESTERN FIRE CHIEFS
22 ASSOCIATION, EXCEPT AS MODIFIED THEREIN, AND REPEALING
23 WHATCOM COUNTY ORDINANCE NO. 59 -75 (AB92 -322)
24 The public hearing was opened.
25 John Tyler, Deputy Director :Public Works: Stated that most of the controversy was
26 associated with the fireflow; not having input into the fire ordinance; and the significant
27 change in the County's needs.
28 He urged the Council to adopt the ordinance up to and including the fee schedules
29 then skip the rest of the document to the penalty and enforcement issues. A revised draft
30 ordinance was received in the office October 12 wit h± the changes on it.
31 Tom Fields Fire Chief of Fire District 2: Urged the Council to consider this
32 document; he said the existing law recommends a low minimum but this one suggests a high
33 one with the ability to adjust it doAmward.
Item discussed were: flreflow; taking water from ponds, rivers, granting of permits;
Minutes, 10%13/92, Page 3
1 ability of the fire department to disregard the code; appeals process; development standards;
2 width of road required; access.
.1 Comments were ode by: Warner; Plan s-, Laldlw Henderson; Fire Clhief Gary
4 Crawford; John Tyler, Deputy Director Public Works7b Brenner.
5 The beg was closed.
6 IMI IOF MOVED TO ADOPT THE ORDINANCE.
7 Laidlaw asked if the new polies would he presented to the Council- Tyler said that
8 the Fire Marshall, Fire Chiefs and the Building and Codes department will meet to work
9 on the policies.
10 HARRIS MOVED AN AMENDMENT THAT THIS BE ADOPTED AS AN
11 INTERIM ORDINANCE AND THAT IT BE RETURNED TO THE COUNCIL IN ONE
12 YEAR FOR FINAL. ADOPTION.
13 Laidlaw said she would prefer this be adopted with a regular feed back of both
14 parties on the outcome of their discussion.
15 Warner spoke against the motion.
to The motion to amend carried 4 -3 with Laidlaw, Imhof and Warner opposed.
17 The motion to adopt the ordinance carried 6 -1 with Imhof against.
18 OTHER ITEMS
19 1. ORDINANCE REPLACING W� �CHOAMRGE COUN7Y CODE 9.32
OF FIREARMS (AB92
20 REGARDING THE UNLAWFLT
21 032)
22 Imhof reported for Public Service and Solid Waste and recommended approval.
23 He outlined the changes as follows: Page 7 of the ordinance, C. ...RCW
...cattle, sheep or
24 7.80.120�� -}; ...system established in chapter' :u, r .80 A. P
{ Y£ °` "b�storicall hunted areas "... Page 8, H.
25 w\swine... Page 8, F. ..shall determine Kilt � Y E
26 ...these may apply. '$�f°9�....... {,,....<k.�.., . nh:. , Page 9, E. e
27 placement of these signs a •.•.
28 Items discussed were: noise issue; shooting near a house; shooting carelessly; hours
29 of shooting; covered range noise; public health and safety;
Minutes, 10/13/92, Page 4
W
1 Comments were made by: Imhof; Vander Yacht; Brenner; Hendf rsun; Warner;
2 Harris;
LJNE HARRB MOVED AN AMENDMENT
y 090 • - TE
4- '� } i�
5 DEFENSE-OF
6 The motion to amend failed &1 with Harris In favor.
i HARRIS MOVED IN PAGE 2, B., ...DISCHARGE OF FIREARMS
gp IS PJ.t OtHBITED UNDER TMS ORDI IAN - 921 F."'
-- N svrrir� r• rrr':.vS, r..r. *,
9 Warner said the applicants for a no- shooting zone could decide whether they wish
10 it to be for bows as well as firearms.
11 The motion to amend failed with Warner, Henderson and Harris in favor.
12 The motion to adopt carried unanimously.
13 2. ORDINANCE AUTHORIZING AN INTERFUND LOAN NOT TO
14 EXCEED $300,000 FROM WHATCOM COUNTY EQUIPMENT RENTAL
15 AND REVOLVING FUND TO THE WHATCOM COUNTY
' COURTHOUSE EXPANSION CONSTRUCTION FUND FOR THE
PURPOSE OF TEMPORARILY PROVIDING MONIES FOR THE
1$ RENOVATION OF NOR -BELL FACILITY (AB92 -382)
19 Laidlaw reported for Finance and recommended adoption.
20 SHE SO MOVED.
21 Brenner said she is voting against this on principal because she is now against the use
22 of Nor -Bell for this purpose and feels the original decision was rushed on the Council.
23 Laidlaw said a gentleman had questioned if this area was zoned for offices.
24 The motion to adopt carried 5 -2 with Laidlaw and Brenner against.
25 3. DISCUSSION REGARDING FUNDING FOR D.A.R.E. OFFICER FOR
26 REMAINDER OF 1992 AND PROPOSAL. FOR FUNDING FOR 1993
27 (AB92 -388)
28 Laidlaw stated that Council has reviewed Ordinance 92 -004 re: funding of a Sheriffs
29 DARE officer, as has legal counsel, and finds that the Sheriff has complied with the
ordinance provisions that the authorization would end with the expiration of the funding
Minutes, 10/13/92, Page 5
a
1 contracts.
SHE SO MOVED.
W
3 The motion carried unanimously.
4 4. REQUEST FOR COUNCIL ENDORSEMENT OF A "WA'1 R CRISIS
5 CONFERENCE' BEING PUT TOGETHER BY PUGET SOUNDERS
6 (AB92 -408)
BRENNER MOVED TO ENDORSE THE WATER CRISIS CONCEPT OF
BRINGING TOGETHER VARIED GROUPS TO DISCUSS THE WATER ISSUES.
9 Imhof spoke against this as there is no diversity in the occupations of the people who
10 will be involved. Brenner said she agreed there needs to be more diversity on the
11 committee to include farmers as well.
12 The motion carried 6 -1 with Imhof against.
13
14 Addendum
15 5. REPORT ON THE FIRS CONTRACT REZONE, AND REQUEST FOR
COUNCIL. ACTION (AB92 -410)
17 Watts explained this allows the Firs to expand the use; they would sell some property
18 to the fire department to build a fire station.
19
20 L.aidlaw said she felt uncomfortable dealing with something she has not had a chance
21 to study.
22 WARNER MOVED TO APPROVE REZONE REMOVAL
BE USED SOME
OR A FIRE
23 PROPERTY FROM THE CONTRACT
24 STATION.
25 Brenner will support this but really wishes the Council had more time to review
26 issues prior to a meeting. Harris also objected to the late arrival of this issue.
27 LAIDLAW AMENDED THE MOTION TO STATE "A MODIFICATION
28 AGREEMENT TO ALLOW FIRS TO SEI.Iy PROPERTY TO WHATCOM COUNTY
29 FIRE DISTRICT #2 REAL PROPERTY DESCRIBER IN EXHIBIT B1 AS FOLLOWS:
30 LOTS 5 THROUGH 10, INCLUSIVE, BLOCK 17, "MAP OF WEST GENEVA ON LADE
31 WHATCOM, WI-IATCOM CCxJNTY, WASHINGTON, "` AS PER THE MAP THEREOF,
32 RECORDED IN BOOK 2 OF PLATS, PAGE 55, IN THE AUDITOR'S OFFICE OF
SAID COUNTY AND STATE. EXCEPT THE SOUTHERLY 33.09 FEET OF LOTS 5
Minutes, 10/13/92, Page 6
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10
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AND 6, AND EXCEPT THE WESTERLY 9.26 FEET OF THE SOUTIHERLY 33.09
FEET OF LOT 7. SITUATE IN WHATCOM COUNTY, WASHINGTON,
Warner accepted the reworded motion.
Tom Field, Fire Chief, District 2, said the station has Hone through all the conditional
use processes,
The motion was carried unaiiimoUly.
INTROII+U GTI'ION
1. RECEIPT OF PETITION FOR FRANCHISE FROM THE COUNTY
ASSOCIATION (AB) FIL) D BY ENTERPRISE ES'T'ATES WATER
12 2. ORDINANCE AMENDING THE TEXT OF THE OFFICIAL WHATCOM
13 COUN'T'Y ZONING ORDINANCE, TITLE 20, AND THE INTERIM
14 ZONING ORDINANCE, CHAPTER 2.24A, REGARDING SURFACE
15 MINING AND MINERAL PROCESSING ACTIVITIES (AB92-
16 401)(REFERRAL TO PLANNING & DEVELOPMENT COMMITTEE)
17 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
18 CODE CHAPTER 20.42.300 LOT CLUSTERING AND RESERVE TRACT
19 RURAL, FORESTRY AND CHAPTER 20.97 DEFINITIONS (AB92 -402)
(REFERRAL TO PLANNING & DEVELOPMENT COMMITTEE)
21 4. ORDINANCE ACCEPTING THE SYSTEM OF ASSESSMENTS
22 PROPOSED BY THE WHATCOM COUNTY CONSERVATION
23 DISTRICT (AB92 -386) (WILT. BE SCHEDULED FOR A HEARING
24 OCTOBER 27)
25 5. REQUEST FOR AUTHORIZATION TO SIGN AN INTERLOCAL
26 AGREEMENT WITH THE LUMMI INDIAN BUSINESS COUNCIL FOR
27 IMPROVEMENTS ON LUMMI SHORE ROAD (AB92 -405) (REFERRAL
28 TO PUBLIC SERVICES)
29 6. ORDINANCE AMENDING ORDINANCE 92 -040 APPROVING AND
30 CONFIRMING THE FINAL RATES AND CHARGES ROLL FOR LAKE
31 SAMISH LAKE MANAGEMENT" DISTRICT NO, I (AB92 -224A)
32 (REFERRAL TO FINANCE)
33 7. ORDINANCE PROHIBITING NUDITY IN PUBLIC AREAS OF COUNTY
34 PARKS (AB92 -406) (HEARING TO BE SCHEDULED)
35 8. ORDINANCE ES'T'ABLISHING SERVICE FEES AND SETTING A FEE
36 SCHEDULE RELATING TO AMBULANCE SERVICE CHARGES (AB92-
1-7 407) (HEARING TO BE SCHEDULED)
Minutes, 10/13/92, Page 7
1 Addendum
2 9. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO
ENTERPRISE ESTATES WATER ASSOCIA` 101 FOR A PERIOD OF
256 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE
5 WHATCOM COUNTY DOME RULE CHARTER, TO OPE�.A'a'E AND
6 MAINTAIN WATER MAINS AND WATER DISTRIBLMON LAS
7 AWNG CERTAIN ROADS WnMIN THE UNINCORPORATED AREAS
8 OF WHATCOM COUNTY (AB92 -397)
9
10 Custer rezone (AB92 -063): Henderson asked about the Custer rezone; Warner said
11 he would be happy to have any further information brought forward. If the information
12 convinces the Council it needs to reconsider this issue, it could be put back on a meeting.
13 Overall Economic Development Plan (AB92 -086): Laidlaw said this controversial
14 issue is to be discussed Wednesday morning, October 14, from 10 ant to noon. The way
15 logging jobs were counted is one of the controversial issues and many projects were not
16 included in earlier drafts.
17 Budget Schedule (AB92- 266A): Revised schedule distributed today.
18 Custer rezone (AB92- 063): Brenner said she disagreed with some of the comments
" 11 made that the Luster proposal is not needed. She never criticized the project but she
Lot) needed to be convinced that this is the best site. Brenner said she is against further
21 development if this eventually goes in.
22 County -wide Policy (AB92 -080): Harris said he had complained about the way the
23 County -wide Policy document was written; he has developed a summary for clarity and
24 asked for feedback from the Council members.
25 Water District 10 sewer extension (AB92 -246): Watts said the Council members are
26 free to discuss the Water District issue with anyone who calls asking about settlement
27 because it is now before the Shorelines Hearing Board.
28 The meeting was adjourned at 8:50 p.m.
29
30 ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUN'T'Y, WASHINGTON
31
32 Barbara Maher, Deputy Clerk Daniel M. Warner, Council Chairman
Minutes, 10/13/92, Page 8