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HomeMy WebLinkAboutCounty Council September 24 19911 WHATCOM COUNTY COUNCIL 2 Regular Meeting 3 September 24, 1991 4 The meeting was called to order by Council Chairman Dan Warner at 7 p.m. in the 5 Council Chambers at 1000 N. Forest. 6 Present Absent 7 Dennis Vander Yacht None 8 Emily Jackson 9 Don Hansey 10 Bob Imhof 11 Marge Laidlaw 12 Mary Vanderpol 13 ANNOUNCEMENTS 14 It was decided to take the following item out of order because of the overflow crowd. 15 OTHER ITEMS 16 8. DISCUSSION OF THE CRITICAL WATER SUPPLY AREA 17 BOUNDARIES (AB91 -197A) 18 Warner explained the issue. 19 Bob Carmichael, Civil Deputy Prosecutor, said the Council adopted a resolution 20 including all the Lummi lands on July 9 and the Lummis have vehemently opposed the 21 inclusion of their lands in the boundaries. Clearly the County or State does not have 22 jurisdiction over the tribal lands; the fee simple lands present the problem. The County is 23 mandated to comply with the State law in creating the supply area boundaries; including the 24 Lummis will delay the whole process. Carmichael recommended excluding the tribal lands. 25 Items discussed were: Council action on July 9th; who would be included in areas. 26 Comments were made by: Carmichael; Imhof; Warner. 27 Bob Wubena, President, Economic Energy and Services: Consultant on the plan. 28 The purpose of the plan is basically to bring entities together to deal with the needs and 29 determine the best way to deal with these needs. 30 7.37 p.m. 31 Items discussed were: tribes in other areas; funding; letter of intent; areas 32 completing the process. 33 Comments made by: Laidlaw; Jackson, Warner; Imhof, Wubena. 1 Richard Siffert, Water Planning Manager, Washington Health Department: He said 2 he has been involved with all critical water supply areas. The Coordination Act is a positive 3 response to addressing the problems rather than taking an enforcement stance and is the 4 best way to resolve problems. The State has a limited amount of money to support any of 5 the areas; if the County cannot perform in the time allowed, the State may take their 6 funding and put it to better use. He said he would be happy to sit and discuss the 7 alternatives. This is bigger than water and jurisdictional issues; it deals with growth related 8 issues and could cause a moratorium on building permits. 9 Items discussed were: if water supply plan would help fee simple owners obtain 10 water in the future; the threat of litigation could cause delay; threat to funding; jurisdiction; 11 could this proceed with pending litigation; alternatives; boundaries; cooperation. 12 13 Comments were made by: Warner; Imhof; Laidlaw; Jackson; Vanderpol. 14 Kris Heintz, 3411 Robertson Road: She said she represents the views of Sandy Point 15 Improvement Company, Neptune Beach, Harnden Island View, Sunset, Georgia Manor; and 16 the Gooseberry Point water associations as well as some private well owners. The groups 17 believe the recommendation from the Water Utilities Coordinating Committee (WUUC) 18 is the best and they support it. 19 Verne Johnson, Lummi representative: He said the tribe took it as an insult when 20 this was just voted on without its input. Warner apologized on behalf of the Council for the 711 way it was handled and for overlooking the Lummis. Johnson said the Indian Nation looks 22 at water as a natural but finite resource. Warner asked if there was an alternative that 23 would be satisfactory. Johnson said the Lummis have asked to be excluded because they 24 are into phase two of their groundwater study and nearing the selection of the contractor 25 of the quality and quantity study of the aquifers. In order to continue the studies, the tribe 26 would like access to the association wells as they use the same aquifers. Laidlaw asked if 27 the Lummis would accept a modified WUUC proposal of excluding the tribal lands and 28 including the fee simple lands. Johnson said he would bring something back to the tribal 29 council as a proposal. 30 Items discussed were: existing pipelines from Bellingham; possibility of a meeting; 31 explanation of no vote; deadline of September 27 for action; need to acknowledge the 32 Nooksack Tribe in the resolution. 33 Comments were made by: Hansey; Jackson; Laidlaw; Doug Dobbyns, Nooksack 34 Tribe; Carmichael. 35 Laidlaw offered the following resolution: 36 RESOLUTION REVISING AND ESTABLISHING THE CRITICAL WATER 37 SUPPLY AREA BOUNDARIES FOR THE PURPOSE OF DEVELOPING A Minutes, 9/24/91, Page 2 1 COORDINATED WATER SYSTEM PLAN (CWSP) IN ACCORDANCE WITH RCW 2 70.116 (AB91 -197A) 3 SHE SO MOVED. 4 Items discussed were: suggestion to wait; clarification of time constraints. 5 Comments were made by: Vanderpol, Carmichael. 6 WARNER MOVED TO AMEND BY ADDING: "WHEREAS, TIME 7 CONSTRAINTS GIVEN BY RCW 70.116 MAKE IT IMPOSSIBLE TO MEET WITH 8 THE LUMMI INDIAN BUSINESS COUNCIL AND THE NOOKSACK TRIBAL 9 COUNCIL PRIOR TO ADOPTION OF THIS RESOLUTION; AND" 10 LAIDLAW MOVED THE FOLLOWING AMENDMENT: 'EXISTING 11 POLITICAL OR JURISDICTIONAL BOUNDARIES WARRANT EXCLUSION FROM 12 THE CWSP OF THOSE PORTIONS OF THE LUMMI RESERVATION AND THE 13 NOOKSACK RESERVATION AND NOOKSACK TRUST LANDS NOT SERVED BY 14 WATER PURVEYORS UNDER STATE AND COUNTY JURISDICTION' AND 15 " NOOKSACK TRIBE SHOULD BE ADDED WHERE APPROPRIATE WHEREVER 16 LUMMI NATION IS SHOWN." 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The amendments were adopted unanimously. The amended resolution was approved unanimously. 8:45 p.m. READING AND APPROVAL OF MINUTES The minutes of the September 3 and 10 meeting were accepted as presented. EXECUTIVE ITEMS 1. REQUEST FOR AUTHORIZATION FOR A SOLE SOURCE PURCHASE OF BOX CULVERT FROM OCEAN CONSTRUCTION TO REPLACE FAILING CULVERT ON CALIFORNIA CREEK IN THE AMOUNT OF $19,471.43 (AB91 -356) 2. BID AWARD RECOMMENDATION TO REPLACE ROOFS ON STABLES A & B, HORSE CAMP, SILVER LAKE PARK TO THE LOW BIDDER, WESTERN ROOFING CO., INC. FOR $9,800 PLUS TAX (AB91- 357} 3. REQUEST FOR APPROVAL TO PURCHASE CANNED GOODS, GROCERIES AND FROZEN FOODS FOR THE JAIL THROUGH THE Minutes, 9/24/91, Page 3 1 STATE CONTRACT FOR THE YEAR BEGINNING OCTOBER 1, 1991 2 (AB91 -358) 3 4. BID AWARD RECOMMENDATION FOR THE SUPPLY OF DAIRY 4 PRODUCTS FOR THE JAIL FOR THE YEAR BEGINNING OCTOBER 5 11 1991 THROUGH SEPTEMBER 30, 1992 TO THE LOW BIDDER, 6 DARIGOLD, INC., AT AN ESTIMATED ANNUAL COST OF $34,338.16 7 PLUS TAX (AB91 -359) 8 5. REQUEST FOR AUTHORIZATION FOR A SOLE SOURCE PURCHASE 9 OF RUBBER RAILROAD CROSSING MATS FOR A RAILROAD 10 CROSSING ON MARINE DRIVE, TO RIEDEL OMNI RUBBER 11 PRODUCTS, INC., FOR $17,891.23, INCLUDING TAXES (AB91 -360) 12 Vanderpol reported for Finance and recommended approval on all five items. 13 HE SO MOVED. 14 The motion carried unanimously. 15 6. NEW APPLICATION FOR A CLASS EF LIQUOR LICENSE FOR 16 COSTCO WHOLESALE, 4299 GUIDE MERIDIAN STREET, 17 BELLINGHAM, BY JOHN ROBERT OSTERHAUS, PAUL GENE 18 MOULTON AND JAMES DENNIS SINEGAL (AB91 -361) 19 7. NEW APPLICATION FOR A CLASS EF LIQUOR LICENSE FOR 20 STARVIN' SAM'S MINI MART #17, 8495 HARBORVIEW ROAD, 21 BLAINE, BY M.B. BOULOS AND YANOLLA G. BOULOS (AB91 -362) 22 8. NEW APPLICATION FOR A CLASS H LIQUOR LICENSE FOR BILLY 23 MCHALE'S RESTAURANT, GUIDE MERIDIAN AND KELLOGG 24 ROAD, BELLINGHAM, BY JOHN ROBERT HOEHL, JR., EDMUND 25 LEE KING, AND TERRENCE P. LUKENS (AB91 -363) 26 Imhof reported for Public Services and recommended approval on items 6,7, and 8. 27 HE SO MOVED. 28 The motion carried unanimously. 29 9. REQUEST FOR AUTHORIZATION TO ENTER INTO AN 30 AGREEMENT BETWEEN WHATCOM COUNTY AND PUBLIC 31 UTILITIES DISTRICT NO. 1 TO PROVIDE JOINT FUNDING FOR THE 32 CONSTRUCTION OF A TRANSMISSION MAIN TO SERVICE PARCELS 33 IN THE NORTHWESTERN PART OF WHATCOM COUNTY (AB91- 34 364) Minutes, 9/24/91, Page 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 This item was held in committee. 10. EXECUTIVE'S REPORT - COURTHOUSE ADDITION (AB91 -082) Van Zanten discussed having Capital Projects Committee review the bids prior to the October 8 meeting. - DISCUSSION OF THE LAKE WHATCOM CONNECTOR STUDY AND THE QUESTIONS RAISED REGARDING IT (AB91 -365) Van Zanten explained this issue. Public notice, public participation, water quality, and alternatives were mentioned. The draft should be finished by the end of this month and the final will be presented to the Council October 22. She said the Council needs to decide then if it wants to go forward with this, stop the process, or have the consultant do more work. Van Zanten said we would need to extend the contract in time and money if more work is requested. Flood Related issue: Van Zanten said she has been appointed by Speaker of the House Joe King to the Joint Select Committee of the State Flood Damage Reduction Committee as set up by HB 5411 to look at State flood issues. River Repair Projects (AB91 -233): Report was distributed and discussed. Van Zanten said there is a preliminary tentative agreement for Federal Emergency Management Agency (FEMA) funding of 87 1/2% of 70% of the cost. She said there are staff meetings with the Corps of Engineers and there is a tentative agreement for a dredging study from the mouth of the river where it forks to just below Ferndale. Flood control management (AB91- 071B): Would like to get clarification of what is really required by the Council. The Flood Advisory Committee wishes to have a meeting with the Council to help make a decision on the funding mechanisms. 9:20 p.m. OPEN SESSION No one spoke. HEARINGS 1. ORDINANCE ESTABLISHING A MORATORIUM COMBINING AND EXTENDING TWO MORATORIUMS ON SURFACE MINING (AB91- 329) Public hearing opened. Darlyn Del Boca, 7208 Lankhaar Road: Urged the Council to adopt this ordinance. Minutes, 9/24/91, Page 5 1 The public hearing was closed. 2 Laidlaw reported for Planning and Development and recommended approval. 3 SHE SO MOVED. 4 The motion carried unanimously. 5 2. ORDINANCE FINALIZING THE SYSTEM OF ASSESSMENTS FOR THE 6 DEMING DIKING DISTRICT (AB91 -020C) 7 Warner thanked Tom Hayden and Doug Goldthorp, Engineering, for their work on 8 this item. 9 The public hearing was opened. Hearing no comment it was closed. 10 IMHOF MOVED ADOPTION OF THE ORDINANCE. 11 The motion carried unanimously. 12 OTHER ITEMS 13 1. DECISION REGARDING APPEAL OF HEARING EXAMINER'S 14 DECISION ON HARTBRODT, FILED BY HARTBRODT (AB91 -314) 15 JACKSON MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. 16 The motion was carried unanimously. 17 HEARINGS 18 3. CONSIDERATION OF PETITION FOR VACATION OF A PORTION OF 19 LIVINGSTON AVE. AND STANLEY AVE., FILED BY KYLE HAGGITH 20 (AB91 -272) 21 No one testified at the hearing, and it was closed. 22 IMHOF MOVED TO APPROVE THE VACATION. 23 The motion carried unanimously. 24 4. CONSIDERATION OF PETITION FOR VACATION OF A PORTION OF 25 GRANT STREET, FILED BY EVANGELICAL FREE CHURCH (AB91- 26 305) Minutes, 9/24/91, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 The hearing was opened. Jerry Manthey, 411 Kline Road: He asked if this item could be tabled until his vacation of the rest of that road comes to Council on October 8. The hearing was closed. JACKSON MOVED TO CONTINUE THE CONSIDERATION OF THIS MATTER UNTIL MR. MAN'THEY'S PETITION COMES UP ON OCTOBER 8. Henken said he sees no reason to delay this as there is really no reason to deny either vacation. Jackson withdrew her motion. IMHOF MOVED TO APPROVE THE VACATION. The motion carried unanimously. 5. CONSIDERATION OF PETITION FOR VACATION OF WASHINGTON STREET A.K.A. FOREST VIEW DRIVE, FILED BY ERNIE ANDRIFF AND GORDON SCOTT (AB91 -275) Vic Randall, 2348 Yew Street Road: He said he opposes this as he is afraid people will start using Glass Street that runs by his house; it was vacated years ago. He would like to see people use Reveille and Washington Street. County Engineer Henken said people always have access. Randall suggested that there may be a court case in the future. Watts said the law states this is an automatic vacation and removes a cloud of title. It is subject to public easement. The public hearing was closed. IMHOF MOVED TO APPROVE THIS VACATION. The motion carried unanimously. 6. CONSIDERATION OF PETITION FOR VACATION OF A PORTION OF PARK LANE, FILED BY CLIFF GIBBONS AND OWEN BURDETT, ET. AL. (AB91 -306) Minutes, 9/24/91, Page 7 The public hearing was opened. 2 Mark Beckwith, 8666 Delta Line Road, Custer: Spoke in opposition to this vacation 3 as it is his only access to three lots he owns. He also stated the price quoted was too low. 4 Cliff Gibbons, Sunset Drive: The walls have never been inspected and he has a 5 letter stating the bottom wall has to be moved back twenty five feet. He said he fears their 6 property will be eroded as there is no drain tile behind these walls. 7 The public hearing was closed. 8 JACKSON MOVED TO SEND THIS TO PUBLIC SERVICES COMMITTEE. 9 The motion failed with Jackson, Vander Yacht and Warner in favor. 10 HANSEY MOVED TO DENY THE VACATION. 11 The motion carried unanimously. 12 7. CONSIDERATION OF PETITION FOR VACATION OF A PORTION OF 13 BROADWAY BETWEEN WOOLDRIDGE AVE. AND SUNSET DRIVE, 14 FILED BY GREGORY EATON (AB91 -241) 15 There was no testimony so the hearing was closed. 16 IMHOF MOVED TO APPROVE THE VACATION. 17 The motion carried unanimously. 18 8. LAKE SAMISH: FORMATION OF LAKE MANAGEMENT DISTRICT 19 NO. 1 (AB91 -235C) 20 Linda Irvin, County Executive's Office: Irvin explained this issue with emphasis on 21 the action program status, boundaries and rates and charges on this issue. She said Kurt 22 Buchanan, Department of Fisheries, granted approval of the retention dam and the channel 23 enhancement project with the instruction that a retention dam maintenance agreement will 24 have to developed and signed. 25 The application for water rights needs to be submitted by September 30 or the owner 26 will required to join the district under a latecomers agreement. 27 Items discussed were: Area meetings to discuss these charges; length of terms for 28 the advisory committee; public notices; what is being passed. Minutes, 9/24/91, Page 8 1 Comments were made by: Laidlaw; Warner; Jackson. 2 Vanderpol thanked Linda Irvin for the work she has done on this issue. 3 io P.M. 4 The public hearing was opened. 5 Dean Forsyth, 180 West Samish Drive: Asked where he could sign for an exemption. 6 7 Steve Hirshey, Dept of Ecology (DOE), Water Resources Department: Recommends 8 approval. DOE hopes this will be around as long as people draw water from the lake. 9 Al Schlemmer, 1260 Roy Road: Asked if everyone has seen the Larsen Report. This 10 report shows that the extraction from Lake Samish is miniscule. He spoke against the 11 district formation. 12 Pat Whitney, 451 E. Lake Samish Drive: A retention dam would damage her 13 property. She wants to have the lake ebb and flow with the seasons. 14 Jan Omey, 5851 Church Road: She stated there have been meetings since January. 15 She said the committee has looked for solutions that will help the most people. 16 Joe Trimble, 198 Shallow Shore Road: Has owned two acres at the end for 13 years. 17 The depth used to be five feet and is now one foot. He said he is very much in support of 18 the District. 19 Fred Meyers, 623 E. Lake Samish: Spoke of the six days that augmentation dam will 20 hold the lake up. 21 The public hearing was closed. 22 LAIDLAW MOVED THAT THE BOUNDARIES OF THE PROPOSED LAKE 23 MANAGEMENT DISTRICT EXCLUDE THOSE PARCELS WITH AN ESTIMATED 24 RATE OR CHARGE OF ZERO. 25 Jackson asked what percentage of the vote is needed; Irvin said a simple majority. 26 The motion carried 6 -0 with Vander Yacht out of the room. 27 Items discussed were: Funding; boundaries; debris to be taken out of Friday 28 Creek. 29 Comments were made by: Warner: Laidlaw; Vanderpol; Jackson. 30 There was a five minute break. Minutes, 9/24/91, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 9. RESOLUTION DISSOLVING THE SUMAS RIVER FLOOD CONTROL ZONE DISTRICT (AB91- 071E) The public hearing was opened. Fred Nowicld, Sumas River Flood Control Zone member: Primarily concerned with the number 12 under Other Items that states it is transferring money from the Sumas River Flood Control Zone District to Whatcom County for flood control purposes. The public hearing was closed. HANSEY MOVED TO APPROVE THE RESOLUTION. It was noted that the funds Mr. Nowicki questioned would be held in trust and returned to the Sumas River Sub -Flood District. The motion was carried unanimously. 10. RESOLUTION DISSOLVING THE POINT ROBERTS FLOOD CONTROL ZONE DISTRICT (AB91- 071F) The hearing was closed with no comment HANSEY MOVED TO APPROVE THE RESOLUTION. The motion carried unanimously. OTHER ITEMS 1. RESOLUTION DESCRIBING THE SCOPE OF AND SETTING A HEARING ON THE CREATION OF A COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT (AB91 -071G) Imhof reported for Public Services Committee and recommended approval. HE SO MOVED. IMHOF MOVED TO AMEND AS FOLLOWS: LINE 3 "NEEDS AND REQUIREMENTS" THEN ADD "AND FLOOD PREVENTION MEASURES." BETWEEN LINES 8 AND 9, PAGE 1 OF THE RESOLUTION ADD "WHEREAS, WHATCOM COUNTY WISHES TO ADOPT THE MOST FEASIBLE APPROACH TO DEAL IN A COMPREHENSIVE MANNER WITH FLOOD CONTROL. THIS APPROACH WOULD ADDRESS NOT ONLY EFFECTS BUT CAUSES; AND WHEREAS, MITIGATING CAUSES OF EROSION LESSENS DEPOSITION OF Minutes, 9/24/91, Page 10 1 SEDIMENT INTO THE RIVER SYSTEM, AND REDUCES THE IMMEDIATE 2 IMPACT DOWNSTREAM; AND" BETWEEN LINES 14 AND 15, PAGE 2 OF THE 3 RESOLUTION ADD: "F. WORK WITH PLANNING TO IDENTIFY FORESTRY 4 PRACTICE PERMITS THAT COUNTY STAFF RECOMMENDS TO THE COUNCIL 5 FOR APPEAL TO THE APPROPRIATE AGENCIES. THESE CONTRIBUTING 6 CONDITIONS MIGHT INCLUDE, BUT NOT BE LIMITED TO, STEEP AND 7 UNSTABLE SLOPES, HARVEST IN RAIN -ON -SNOW ZONES, INADEQUATE 8 STREAM BUFFERS, HISTORY OF MASS WASTING AND OVER - CUTTING." "G. 9 THE TEST OF THE FORMER F." "H. "OR OTHER RELATED WORK DEEMED 10 NECESSARY BY THE COUNTY." 11 Items discussed were: cumulative effects; structures and non - structures; planning 12 need to take care of current issues; forest practices. 13 Comments were made by: Imhof; Laidlaw. 14 The amendments were carried unanimously. 15 The resolution carried unanimously. 16 2. DECISION REGARDING APPEAL OF HEARING EXAMINER'S DECISION 17 ON HARTBRODT, FILLED BY HARTBRODT (AB91 -314) 18 Dealt with earlier in the meeting. 19 3. ORDINANCE AMENDING THE 1991 BUDGET (AB91 -341) 20 (FINANCE) 21 Vanderpol reported for Finance and recommended approval with the amendment 22 relating to the Treasurer's office move in the amount of $23,000 which would take the total 23 up to $3,268,124. 24 HE SO MOVED. 25 The amendment was approved unanimously. 26 The motion carried 6 -1 with Imhof against. 27 4. AGREEMENT BETWEEN WHATCOM COUNTY AND THE 28 WHATCOM COUNTY PARK FOUNDATION (AB91 -322) (KEPT IN 29 COMMITTEE 8/13 AND 9/10) 30 Vanderpol reported for Finance and recommended denial. 31 The agreement was not approved. Minutes, 9/24/91, Page 11 1 5. ORDINANCE ACCEPTING THE SYSTEM OF ASSESSMENTS 2 PROPOSED BY THE WHATCOM COUNTY CONSERVATION 3 DISTRICT (AB91 -308) (REFERRED TO FINANCE 9/3; KEPT IN 4 COMMITTEE 9/10) 5 Vanderpol explained this issue. The request for the ordinance accepting the system 6 of assessments was withdrawn. 7 Laidlaw reported that the Finance Committee recommended the administration be 8 authorized to develop an ordinance allowing the County to cosign for the Conservation 9 District for a revolving loan for best managment practices in eliminating non -point polution 10 problems. 11 SHE SO MOVED. 12 The motion was carried unanimously. 13 6. RESOLUTION CONFIRMING THE COUNCIL OF GOVERNMENTS AS 14 THE LEAD AGENCY FOR AN OVERALL ECONOMIC 15 DEVELOPMENT PLAN (AB91 -354) 16 Laidlaw reported for Finance and said it was appropriate to have the Council note 17 again that Council of Government be lead agency for overall economic development. 18 SHE SO MOVED. 19 The motion carried unanimously. 20 7. DISCUSSION OF PROPOSED WEST BAKERVIEW ANNEXATION BY THE 21 CITY OF BELLINGHAM (AB91 -355) 22 The City of Bellingham has requested that the County Council offer support of this 23 issue so they can proceed with the annexation process prior to the passage of the Urban 24 Fringe Plan. 25 Jackson moved to support the City in modifying the Urban Fringe Plan. 26 Laidlaw said this should be held up for one week. 27 The motion failed with Jackson, Vander Yacht and Warner voting for it. 28 8. DISCUSSION OF THE CRITICAL WATER SUPPLY AREA 29 BOUNDARIES (AB91 -197A) Minutes, 9/24/91, Page 12 I This item was taken as the first item of the meeting because of the overflow crowd. 2 9. ORDINANCE REVISING THE ANNUAL INTEGRATED ROADSIDE 3 VEGETATION MANAGEMENT PROGRAM (AB91 -237A) 4 Laidlaw reported for Planning and Development and recommended approval. 5 SHE SO MOVED. 6 The motion carried unanimously. 7 10. ORDINANCE AMENDING THE LYNDEN - NOOKSACK VALLEY 8 COMPREHENSIVE PLAN AND THE OFFICIAL ZONING MAP FROM 9 GENERAL COMMERCIAL TO RESIDENTIAL RURAL TWO PER 10 ACRE FOR PARCELS C AND D, LAKESIDE PLAZA SHORT PLAT 11 (AB91 -345) 12 Laidlaw reported for Planning and Development and recommended approval. 13 SHE SO MOVED. 14 The motion carried unanimously. 15 11. RESOLUTION DESCRIBING BOUNDARIES, DESCRIBING FLOOD 16 CONTROL NEEDS AND REQUIREMENTS AND SETTING A PUBLIC 17 HEARING ON THE CREATION OF THE SUMAS RIVER SUB -FLOOD 18 CONTROL ZONE DISTRICT (AB91 -071H) 19 Imhof reported for Public Service and recommended approval. 20 HE SO MOVED. 21 The motion was carried unanimously. 22 12. RESOLUTION TRANSFERRING ASSETS OF THE SUMAS AREA 23 FLOOD CONTROL ZONE DISTRICT TO WHATCOM COUNTY FOR 24 FLOOD CONTROL PURPOSES (AB91 -071I) 25 Imhof reported for Public Service and recommended approval. 26 HE SO MOVED. 27 The motion carried unanimously. Minutes, 9/24/91, Page 13 1 HEALTH BOARD 2 1. REQUEST FOR A MOTION REGARDING THE DEVELOPMENT OF 3 MUNICIPAL COMPOSTING REGULATIONS (AB91 -337) 4 WARNER MOVED TO REQUEST THE ADMINISTRATION TO REPORT ON 5 THE CURRENT STATUS OF MUNICIPAL SOLID WASTE COMPOST 6 REGULATIONS THAT ARE IN EFFECT AND THE ADVISABILITY OF 7 DEVELOPING COUNTY REGULATIONS. 8 JACKSON MOVED AN AMENDMENT TO REQUEST COMMENTS ON THE 9 MERITS OF A MORATORIUM. 10 Warner accepted this as a friendly amendment. 11 The amended motion was carried unanimously. 12 2. DISCUSSION OF ADVISABILITY OF FORMING A TECHNICAL 13 ADVISORY COMMITTEE FOR THE HEALTH DEPARTMENT (AB91- 14 353) 15 Warner said he would write Dr. James on this issue. 16 INTRODUCTION 17 1. RECEIPT OF PETITION TO VACATE A PORTION OF LAKEWOOD 18 LANE, FILED BY GREG HATCH AND STEVE CLANCY (AB91 -352) 19 (HEARING TO BE SCHEDULED ON ENGINEER'S REPORT) 20 This item was received and will be processed. 21 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS 22 Wetlands: Laidlaw mentioned it is the City not the County discussing a wetlands 23 ordinance. The County ordinance will probably be developed in March, 1992. 24 Weatherby Rezone: Wants the committee to hear a rezone on his property and 25 excuse the fee. The committee could not justify having the Planning Commission hear this 26 outside the normal cycle. 27 Whatcom Transportation Authority (WTA): In the lawsuit by a former employee, 28 all charges against WTA were dropped but it did cost $70,000 to defend. 29 Solid Waste Advisory Committee (SWAC): Warner said there will be a SWAC Minutes, 9/24/91, Page 14 meeting on October 3 at 6:30 p.m. in the Council Chambers. 2 Confidential Memo: Bob Woods said Van Zanten had mentioned a confidential 3 memo on the Lake Whatcom Connector Study so it would now be public information. 4 Weatherby issue: Jackson said she voted for Weatherby issue in Planning and 5 Development and would welcome having another Council member cosponsor having this 6 brought before the Council. John Tyler said he would be willing to meet with Mr. 7 Weatherby and to write a letter describing the non - conformity of the property to the bank 8 in Canada that is unwilling to loan on his property. 9 The meeting was adjourned at 11:32 p.m. 10 WHATCOM COUNTY COUNCIL 11 ATTEST: WHATCOM COUNTY, WASHINGTON 12 13 B ara Maher, Deputy Clerk Daniel M. Warner, Chairman Minutes, 9/24/91, Page 15