HomeMy WebLinkAboutCounty Council September 1 19921
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WHATCOM COUNTY COUNCIL
,Regular Meeting
September 1, 1992
The meeting was called to order at 7:02 p.m.
Chairman in the Council Chambers, 1000 N. Forest.
Present Absent
Dennis Vander Yacht Marge Laidlaw
Bob Imhof
Barbara Brenner
Ken Henderson
Larry Harris
by Daniel M. Warner, Council
HEARINGS (Council action may be taken after a hearing)
1. ORDINANCE CREATING A PARKS & RECREATION DEPARTMENT
(AB92 -250)
Henderson distributed a substitute ordinance and explained the changes proposed in
the original document as follows: Page 1, line 3 .... the Parks, & Recreation '
.:...::..:....
Department; line 14 ... administration and
line 19, Whatcom County can '
The public hearing was opened.
Jay Taber, 1212 Raymond Street: Thanked the Council for holding this hearing and
Minutes, 9/1/92, Page 1
1 commended the staff of the Parks & Recreation Department for their good work. He said
2 they work very hard for the good of the public and he is fearful a cut of ten percent would
3 be very harmful to the Park Department. Taber explained the grant to develop trails that
4 he has been working on. He said that providing help for senior citizens or trails for
5 recreation does contribute to public health. A Parks system that functions well does affect
6 the mental health of the community. He said he hopes Parks will be funded adequately in
7 the future.
8 Brian Lynch, 1237 Lakeview, and Chair of the Whatcom County Park & Recreation
9 Board: He said he had invited Chairman Warner to attend Park Board meetings but he was
10 unable to attend. Lynch said he did not have enough warning of the hearing and felt the
11 Council was making an end run on this issue. Warner stated the Council had published the
12 hearing and explained that he had asked Laidlaw to attend Park Board meetings on his
13 behalf.
14 Glen Hallman, 1510 40th Street, and Vice President of the Council on Aging: They
15 have a good working agreement with the Parks Department running senior programs. He
16 said he agrees with the continued involvement of volunteers who raise about 25 percent of
17 the senior center funding. He said there is certain funding that can only be accessed by a
18 non -profit organization and this is helpful to the overall operations of the system.
19 Oliver Zurdel, 2501 College Street: Stated he limits his pollution by using a bicycle
20 daily to transport himself, he said he feel there is a need for more bicycle trails. Urban
21 pollution can be controlled by making more use of this kind of transportation.
22 Bonnie Strode, 4128 Lewis Avenue: Interested in Parks and Trails; her son worked
23 all summer to buy a mountain bike and now finds there aren't many bike trails in the area.
24 Ken Wilcox, 3120 Wilcox: Said he agreed with Taber's comments. He hopes the
25 Council is serious about turning things around and provide staffing to increase the efficiency
26 of this department.
27 The public hearing was closed.
28 HENDERSON MOVED TO ADOPT THE AMENDED ORDINANCE.
29 Imhof said he disagrees with the longer title. He also asked that on page 2, line 35,
30 the small change fund be put on a schedule to be brought back each year rather than be in
31 an ordinance. He also stated on page 3, D, it should have the review of the Park Board but
32 should not need a signature.
33 IMHOF WOULD LIKE THE WORDS AFTER "COMMISSION' ON LINE 30
34 AND 31, TO BE DELETED.
Minutes, 9/1/92, Page 2
The motion failed 5 -1 with Imhof in favor.
2 Vander Yacht spoke against the ordinance.
3 HARRIS MOVED TO DELETE THE WORDS "ALL TERRAIN VEHICLE (ATV)
4 PROGRAMS" ON PAGE 2, LINE 29."
5 The motion carried unanimously.
6 Brenner said she fears the public will have less input when it is a department and
7 does not support the ordinance.
8 Henderson mentioned three suggestions given by Lynch, (1) there be a panel to
9 review the hiring of the director with one member of the selection panel to be a Park Board
10 member to be inserted in Section 2.29.020. (Henderson said he feels this should be in the
11 personnel policy.) (2) Whether the Current Director would remain in this position.
12 (Henderson said he believes the Director serves at the will of the Executive and should not
13 be in the document.) (3) Under 2.29.050, A. line 35, ...advisory capacity to
14 the Parks & Recreation Department.
15 Warner said, and Council concurred, that the Advisory Commission should not be
16 responsible to an individual but rather to the department as a whole.
17 IMHOF MOVED TO DELETE THE WORDS "AND SENIOR SERVICES" IN
,8 THE TITLE.
19 Harris spoke against the motion.
20 The motion failed 5 -1 with Imhof in favor.
21 Harris asked Mr. Hallman if he saw any problem with the transition. Mr. Hallman
22 said their initial agreement had been with the County not the Park Department so he sees
23 no problem. He said, the separation of monies from public and private sources has to be
24 clearly delineated and considerable effort is made to do this.
25 Henderson moved to add on page 3, line 31, representativett
Ji: ti :: ti^ ii::!. i.! i::! 4:::•.{}.:^:• i:• i::::........:.... n. :.............:......::•i'fi:ii ?iii:!:
27 Henderson withdrew his motion.
28 Henderson spoke in favor of the ordinance.
29 Vander Yacht and Brenner spoke against it.
Minutes, 9/1/92, Page 3
1 The motion carried 4 -2 with Vander Yacht and Brenner against.
2 COMMENTS ON ITEMS 2. THROUGH 5. WILL BE HEARD AS A UNIT.
3 The public hearing was opened on items 2 -5.
4 Mike Roberts, 681 Lake Samish Drive: He stated the increase of fees is included in
5 this ordinance. He said the department has amassed a $600,000 surplus that has gone back
6 into the general fund. He said the department is not functioning well: it takes a long time
7 to get action in this department. He said the department is understaffed and urged the
8 Council to tie the fees of the uniform code ordinances to increased efficiency in the
9 department to reduce the permit timelines. He urged the Council to look at the budgeting
10 of the department in an effort to give a better level of service.
11 John 1)yler, Director of Buildings & Code, said the uniform code is developed by the
12 State legislature and is mandated by law; it is supposed to be revised every three years. He
13 said the uniform standards can only be made more stringent not less. Tyler stated that the
14 proposed ordinances would adopt the fee schedule that is in the code; another change is
15 that all enforcement sections have been modified to allow penalties to be handled under the
16 civil section.
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Items discussed were: inspections required; mandatory law; mobile home
requirements; variations that may be made by reviewers; fencing around private and public
pools and spas.
Comments were made by: Tyler; Brenner; Imhof; Warner; Henderson.
Tyler said this is a high wind area and the mobile home law is added by the County;
it is not required by the State but is deemed necessary in Whatcom County. He explained
the requirements in the code, such as runners, slabs or concrete posts where there is
sloping.
The public hearing was closed.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER
15.20 AND ADOPTING, BY REFERENCE, THE 1991 EDITION OF THE
UNIFORM PLUMBING CODE PERMANENT RULES 91 -16 -117, 1991
EDITION OF THE UNIFORM SWIMMING POOL SPA AND HOT TUB
CODE AND CERTAIN APPENDICES THERETO EXCEPT AS HEREIN
MODIFIED (AB92 -320)
IMHOF MOVED THE ADOPTION OF THIS ORDINANCE.
HENDERSON MOVED TO AMEND PAGE 25, LINE 26 TO STATE ...FENCES
Minutes, 9/1/92, Page 4
1 5. ;. < _ >::::: :_::;;_>:. < :; SHALL.
2 The amendment carried unanimously.
3 BRENNER MOVED TO AMEND THE MOTION BY WITHDRAWING ALL
4 REFERENCES TO HOT TUBS OR SPAS.
5 After discussion, Brenner withdrew her amendment.
6 The ordinance passed 4 -2 with Imhof and Brenner opposed.
7 3. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER
8 15.04 AND ADOPTING BY REFERENCE, THE 1991 EDITION OF THE
9 UNIFORM BUILDING CODE, PERMANENT RULES 91 -20 -175 AND
10 CERTAIN APPENDICES AND STANDARDS THERETO, EXCEPT AS
11 HEREIN MODIFIED, THE UNIFORM HOUSING CODE, THE
12 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
13 BUILDINGS AND CERTAIN OTHER STANDARDS ADOPTED BY THE
14 STATE (AB92 -321)
15 HENDERSON MOVED TO ADOPT THE ORDINANCE.
16 The motion carried unanimously.
_7 4. ORDINANCE SETTING FORTH RULES AND REGULATIONS FOR
18 THE INSTALLATION OF MOBILE HOMES ON BUILDING SITES,
19 ESTABLISHING AN ADMINISTRATIVE PROCEDURE FOR THE
20 ISSUANCE OF PERMITS AND PROVIDING FOR INSPECTION
21 THEREOF (AB92 -323
22
23 HARRIS MOVED ADOPTION OF MOBILE HOME ORDINANCE.
24 Items discussed were: sloping; engineered footings; regulation description of sloping
25 required.
26 Comments were made by: Henderson; Harris; Tyler.
27 HENDERSON MOVED AN AMENDMENT ON PAGE 3 OF THE ORDINANCE,
28 LINE 24, AFTER "SLOPING" INSERT "AS REFERENCED IN SECTION 10, PART 3."
29 The amendment carried unanimously.
30 The ordinance was unanimously adopted by all present.
Minutes, 9/1/92, Page 5
1 5. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER
2 15.08 AND ADOPTING BY REFERENCE THE 1991 EDITION OF THE
3 UNIFORM MECHANICAL CODE PERMANENT RULES 91 -16 -114 AND
4 CERTAIN APPENDICES THERETO, EXCEPT AS HEREIN MODIFIED
5 (AB92 -324)
6 HENDERSON MOVED THE ORDINANCE BE ADOPTED.
7 The motion carried 5 -1 with Imhof opposed.
8 Brenner asked if the Roberts suggestion about the disposition of fees could be
9 pursued. It was agreed the matter of whether the fees should go to the Buildings & Code
10 fund or the General Fund should be referred to the Finance Committee.
11 6. RESOLUTION TO SELL COUNTY -OWNED SURPLUS EQUIPMENT IN
12 THE ANNUAL PUBLIC AUCTION (AB92 -331A)
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14 The public hearing was opened. Hearing no comment, the hearing was closed.
15 IMHOF MOVED THE RESOLUTION BE APPROVED.
16 The motion carried unanimously,.
17 7. ORDINANCE ESTABLISHING THE SPEED LIMIT ON DEEMER ROAD
18 AND OLD MARINE DRIVE (AB92 -334)
19 The public hearing was opened. Hearing no comment, the hearing was closed.
20 IMHOF MOVED THIS ORDINANCE BE ADOPTED.
21 Brenner said she agreed with Deemer Road but not Old Marine Drive.
22 Randall Watts, Chief Civil Deputy Prosecutor, suggested there be an amendment.
23 BRENNER MOVED TO DELETE OLD MARINE DRIVE FROM THE
24 ORDINANCE.
25 Imhof spoke against the motion.
26 The motion failed 4 -2 with Vander Yacht and Brenner in favor.
27 The motion to adopt the ordinance was adopted unanimously.
28 8. ORDINANCE REGARDING THE MATTER OF PLACING A STOP SIGN
Minutes, 9/1/92, Page 6
1 ON LASALLE STREET (AB92 -335)
2 The public hearing was opened.
3 Bonnie Strode, Water District 10: Encouraged approval of this ordinance.
4 The hearing was closed.
5 IMHOF MOVED THE ORDINANCE BE ADOPTED.
6 This motion carried unanimously by all present.
7 OTHER ITEMS
8 1. ORDINANCE TO EXTEND THE INTERIM ZONING ORDINANCE
9 CONTINUING A MORATORIUM ON NEW SURFACE MINING
10 PERMITS IN WHATCOM COUNTY (AB91 -329A)
11 Dan Taylor, Planning Director said this is the last moratorium that will be requested.
12 HARRIS MOVED THE ORDINANCE BE ADOPTED.
13 Vander Yacht asked Watts if this moratorium is defensible on a legal ground. Watts
14 said if a document is in circulation and is nearing completion, it is reasonable.
15 The ordinance carried 4 -2 with Vander Yacht and Imhof opposed.
16 2. REPORT ON TRANSPORTATION ENHANCEMENT PROJECTS
17 (RELATED TO NON - MOTORIZED TRANSPORTATION /TRAILS
18 GRANT) (AB92 -338B)
19 Warner explained that the County is being asked to be the lead agency on the
20 applications submitted for the above grants. He referred to the grant explanation on page
21 108 of the packet.
22 Dan Taylor, Planning Director, said bicycle trails require a 20 percent match; he
23 urged items 6 and 7 be combined and take them as one project in two phases to meet the
24 criteria.
25 Brenner suggested only using used furniture in the new courthouse and use that
26 money for this purpose.
27 WARNER MOVED THAT IT IS THE POLICY OF THE COUNCIL THAT THE
Minutes, 9/1/92, Page 7
1 COUNTY SHOULD ASSUME LEAD AGENCY STATUS FOR ANY ONE OR MORE
2 OF THE PATHS AND TRAILS ENHANCEMENT PROJECTS. THE COUNCIL
3 COMMITS TO FUNDING THE COUNTY'S SHARE IN AN AMOUNT NOT TO
4 EXCEED $51,000 FROM THE GAS TAX (PATH -AND -TRAIL RESERVE) OR FROM
5 THE CONSERVATION FUTURES FUND.
6 Henderson spoke in support of the motion.
7 HARRIS MOVED TO AMEND WARNER'S MOTION TO DELETE THE
8 SPECIFIC AMOUNT.
9 Taber explained the issue and said the Council is really being asked to pass this along
10 with a definite amount stated.
11 After. discussion, Harris withdrew his amendment.
12 The motion carried unanimously.
13 INTRODUCTION (No action at this time)
14 1. . Decision on appeal of Hearing Examiner's decision on SCU3 -92, SV1 -92
15 (Sudden Valley trail) filed by Helgason (AB92 -343)
16 2. Resolution requesting Public Utility District No. 1 to become formally
17 involved with the County regarding Satellite System Management, receivership
18 and water resource planning and coordination (AB92 -348) (Referral to Water
19 Resources Committee)
20 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
21 Trunk Sewer Line in Sudden Valley: Warner said Water District 10 wrote to say
22 that the problem is not only from inflow and infiltration (i &i).
23 Watts said the Council cannot have a hearing on a Hearing Examiner appeal.
24 Bonnie Strode, General Manager of Water District 10, said even if i &i were taken
25 care of, the capacity would soon be incapable of carrying the load; the growth is making it
26 impossible to keep up. She said the district is trying to contain the i &i while they try to
27 repair the system. Strode said the incidents are caused by rain on snow events; she said the
28 Hearing Examiner got the stormwater mixed up with sewer water in his mind.
29 WARNER MOVED TO REMAND TO THE HEARING EXAMINER FOR
Minutes, 9/1/92, Page 8
1 FURTHER TESTIMONY WITH SPECIAL ATTENTION TO THE LOAD CARRYING
2 CAPACITY.
3 Jay Taber, Friends of Lake Whatcom, said the one thing that is clear that it is going
4 to take a long time to come to finality on this. This came forward by a. request of one side
5 without alerting the other side. Taber said the answers to some of the questions asked
6 tonight of Water District 10 are answered in the transcript of the initial Hearing Examiner
7 hearing.
8 Warner withdrew his motion.
9 HENDERSON MOVED TO REMAND TO THE HEARING EXAMINER FOR
10 CLARIFICATION OF THE RECORD AND ADDITIONAL INFORMATION.
11 Harris and Vander Yacht spoke against the motion.
12 Strode said that as the infiltration and inflow is corrected, there would be additional
13 outlets allowed.
14 Henderson withdrew his motion.
15 WARNER MOVED TO REMAND TO THE HEARING EXAMINER FOR
16 CLARIFICATION OF THE RECORD AND ADDITIONAL INFORMATION.
_7 It failed 3 -3 with Vander Yacht, Henderson and Harris against.
18 Strode said she has a serious concern that this will cost Water District 10 a lot of
19 money to litigate and the County to defend. She said a new line will serve a dual purpose;
20 it will contain the i &i and then will service the platted lots.
21 Taber said he did not come prepared to make a case. He is sympathetic to District
22 10's problems. This has been caused by the County not dealing with the environmental
23 concerns in the watershed.
24 Harris said he is concerned with the erosion of the Hearing Examiner process.
25 Warner said the Water District will need to make another application to the Hearing
26 Examiner.
27 Forestry Issues: Henderson said Planning and Development will hold a hearing on
28 September 17th at 6:30 p.m. in the Chambers.
29 Custer Rezone Hearing: A hearing will be held in Ferndale High School Auditorium,
30 September 3, at 6:30 p.m.
Minutes, 9/1/92, Page 9
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The meeting adjourned at 9:45 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
� s
Daniel M. Warner, Chairman
Minutes, 9/1/92, Page 10