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HomeMy WebLinkAboutCounty Council September 3 1991I WHATCOM COUNTY COUNCIL 2 Regular Meeting 3 September 3, 1991 4 The meeting was called to order by Council Chairman Dan Warner at 7 p.m. at 1000 5 N. Forest Street, Bellingham. 6 Present: Absent 7 Marge Laidlaw Mary Vanderpol 8 Dennis Vander Yacht 9 Don Hansey 10 Emily Jackson 11 Bob Imhof 12 ANNOUNCEMENTS 13 LakeWhatcom Connector: Warner said the Council realizes there are problems with 14 this issue and the study will be presented and discussed at a later meeting 15 READING AND APPROVAL OF MINUTES 16 The minutes of the August 6 and 13 meetings were approved as presented. i7 EXECUTIVE ITEMS 18 1. COUNTY -WIDE FLOOD CONTROL MANAGEMENT AND 19 PREVENTION REPORT PRESENTATION (AB91 -071B) 20 Van Zanten presented the Comprehensive Flood Control Management Proposal. 21 She introduced the members of the twenty -five member Advisory Committee who were 22 present and recognized the staff who had worked on the proposal. The Committee 23 members unanimously endorse the proposal. 24 25 Topics discussed included: Land acquisition; flood management; forest practices; 26 gravel removal from the river; necessity of this being administered by the County; 27 _ agricultural problems that arise from flooding; cooperation of committee members; tribal 28 involvement in funding; possibility of federal assistance; what lands were not to be included; 29 Comments were made by: Conservation District Advisory Committee members Tim 30 Shepherd; Doug Dobbyns (for Hubert Williams); Tom Thornton; Bas Scholten; and Council 31 Members Jacksen and Imhof. 32 IMHOF MOVED TO CREATE A COUNTY -WIDE FLOOD ZONE DISTRICT 33 AND THE SUMAS RIVER SUB FLOOD CONTROL ZONE DISTRICT. 34 Topics discussed: Rate being assessed each parcel as compared to tiered assessment; j5 other funding; County Government as the management entity of this plan and an on -going 1 advisory committee; the County personnel involved and the need to have more time to read 2 the document that was distributed tonight. 3 Topics were discussed by: Van Zanten; Shepherd; Laidlaw; Jackson; Hansey; Warner 4 and Imhof. 5 The motion failed with Laidlaw, Imhof and Vander Yacht voting for it. 6 ANNOUNCEMENT 7 Warner reported that the Whatcom Chief Ferry rescued a fishing boat last week and 8 commended the Captain and Crew for their efforts. 9 OPEN SESSION 10 11 Jan Adams, 1135 Humboldt Street: Reassured Imhof that the City residents are 12 concerned about the rivers and the flood control issues. She asked if there had been any 13 answer from the Port to Warner's memo. Warner said he had just received a letter and 14 would forward a copy to her. 15 Rebecca Malloy, 2413 Lafayette Street: She said she was very concerned that the 16 Council had not responded to Federal Aviation Authority regarding the legal notice in the 17 Herald. Warner explained the Council does not have jurisdiction over the Port. Malloy 18 read from a document saying the Council does need to respond to the Port. 19 Warner said the permission to change the zoning has not come before the Council 20 yet. Malloy said the Council gave permission for the runway extension allowing foreign and 21 interstate jets; there are no noise restrictions in place. There was discussion between Malloy 22 and Warner about the amount of public input opportunities. 23 Nancy Keene, 8260 Delta Line Road: Concerned about the composted solid 24 municipal waste. Washington law states that compost is made from organic sources but 25 Recomp's composted material is made of garbage. The Department of Ecology (DOE) and 26 the Whatcom County Health Department have different views on this issue. The DOE said 27 they would not have permitted Recomp as a sludge site. She said she considers the 28 materials potentially hazardous. She said she wants the Council to amend the ordinance 29 and treat compost as solid waste until there is a sufficient body of data so that a number of 30 _ unbiased experts can evaluate the safety of this substance. Warner said he would bring this 31 up at the Solid Waste Advisory Committee meeting. Jackson said she would provide the 32 basic regulation from Minnesota. Warner said he could suggest to the Health Department 33 that regulations be developed in this issue. 34 Larry Williams, 4252 Jones Lane: Supports the flood control document as an initial 35 step but there needs to be a biological consideration of the watershed in the man agement 36 of the river. He offered a three -hour Bower tape for the Council to review. He asked if 37 the parcels of land include the timber parcels? Minutes, 9/3/91, Page 2 1 2 Tom Thornton, Committee member: The points mentioned by Williams were 3 brought up numerous times in the deliberation but the committee stuck to a format to start 4 the process. 5 Martin Keeley, 610 South Beach Road: Regarding vegetation management, there 6 was a communications breakdown with staff and they did get sprayed even though the 7 residents did gather the required number of signatures on the petition. He suggested a 8 time -line be put in for spraying so there would be time for signature gathering. 9 Sherilyn Wells, 1020 Geneva: Attended the Hearing Examiner's hearings on the 10 airport and heard an expert from California say that when the port made the claim that 11 federal money would be withheld if there were conditions; he said this had not been true. 12 She urged the Council to respond one more time. 13 HEARINGS 14 1. ORDINANCE ESTABLISHING A RATE OF CREDIT FOR 15 DEFENDANTS SERVING TIME OR PERFORMING LABOR TO 16 REDUCE THE AMOUNT OF FINES AND COSTS OWED (AB91 -310) 17 No one testified at the hearing and it was closed. 18 Imhof said this was held in committee. 19 2. ORDINANCE ACCEPTING THE $YSTEM OF ASSESSMENTS 20 PROPOSED BY THE WHATCOM COUNTY CONSERVATION 21 DISTRICT (AB91 -308) 22 Topics discussed included: Parcel funding amounts; funding needs and revenue 23 sources; RCW requirements. 24 The following people testified at the hearing: Bas Scholten; Linda Sanders, 25 Conservation District Secretary; Council Members Jackson, Warner, and Imhof. 26 The public hearing was closed. 27 IMHOF MOVED TO REFER THIS ITEM TO THE FINANCE COMMITTEE. 28 The motion carried unanimously. 29 3. ORDINANCE AMENDING ORDINANCES 79-49 AND 82 -91 AND 30 MODIFYING WHATCOM COUNTY CODE TO ESTABLISH A FEE FOR 31 COPIES OF THE BUDGET (AB91 -309) Minutes, 9/3/91, Page 3 1 No one testified at the hearing and it was closed. 2 IMHOF MOVED ADOPTION OF THIS ITEM. 3 The motion carried 6 -0. 4 4. RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY BY 5 AUCTION (AB91 -320A) 6 The public hearing was opened and was continued to September 10 as requested by 7 staff. There was no testimony. 8 5. RESOLUTION AUTHORIZING SALE OF A WRECKED 1991 DODGE 9 SPIRIT FOUR -DOOR SEDAN BY SEALED BID (AB91 -321A) 10 No one testified at the hearing and it was closed. 11 IMHOF MOVED APPROVAL OF THE RESOLUTION. 12 The motion carried 6 -0. 13 OTHER ITEMS 14 1. RESOLUTION SETTING A HEARING ON THE PROPOSED SYSTEM 15 OF ASSESSMENTS FOR THE DEMING DIKING DISTRICT (AB91- 16 020B) 17 Imhof reported for Finance and recommended approval of this item. 18 HE SO MOVED. 19 The motion carried 6 -0. 20 2. ORDINANCE EXTENDING THE PROHIBITION ON TREE CUTTING 21 IN THE PT. ROBERTS GREAT BLUE HERON ROOKERY AND 22 _ ASSOCIATED 200 METER BUFFER AREA (AB91 -240) 23 Laidlaw reported for Planning & Development and recommended approval of this 24 item. 25 SHE SO MOVED. 26 27 The motion carried 6 -0. Minutes, 9/3/91, Page 4 1 INTRODUCTION 2 1. ORDINANCE FINALIZING THE SYSTEM OF ASSESSMENTS FOR THE 3 DEMING DWING DISTRICT (AB91 -020C) (PUBLIC HEARING TO BE 4 SCHEDULED) 5 2. ORDINANCE ESTABLISHING A MORATORIUM COMBINING AND 6 EXTENDING TWO MORATORIUMS ON SURFACE M 41NG (AB91- 7 329) (PUBLIC HEARING TO BE SCHEDULED) 8 3. ORDINANCE AMENDING ORDINANCE 91 -044, REVISING THE 9 ANNUAL INTEGRATED ROADSIDE VEGETATION MANAGEMENT 10 PROGRAM (AB91 -237A) (PLANNING) 11 Items 1 and 2 will be scheduled for a public hearing and Item 3 will be referred to 12 Planning and Development Committee. 13 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS 14 Acme Water District #18: Haney said there was discussion at today's Water 15 Resources Committee meeting regarding the problem District # 18 is having getting FEMA 16 funding due to untimely filing. Mr. Simmons, State Emergency Office in Olympia, is trying 17 to find alternate funding. 18 Response to Vanderpol charges: Haney said he would respond next week when 19 Vanderpol is present. 20 Conservation District: Jackson said that Watts had not reviewed the format of this 21 item and it would be appropriate for him to do so. 22 Bakerview Annexation: Jackson mentioned a memo she had written the Council 23 explaining the progress on solving the annexation problems for the residents of Bakerview. 24 JACKSON MOVED TO AUTHORIZE THE CHAIRMAN OF THE WHATCOM 25 COUNTY COUNCIL TO WRITE A LETTER TO CITY COUNCIL CHAIRMAN 26 _ STATING WE SUPPORT THE BAKERVIEW RESIDENTS BEING EXCLUDED FROM 27 THE INTERLOCAL AGREEMENT SO THEIR PROBLEMS CAN BE RESOLVED 28 EXPEDITIOUSLY. 29 Imhof and Haney discussed this issue. 30 The motion failed 3 -3 with Vander Yacht, Jackson and Warner voting for it. 31 . Planning & Development Committee Schedule: Laidlaw will give the Council a Minutes, 9/3/91, Page 5 1 2 3 4 5 6 detailed schedule at an upcoming meeting. The meeting adjourned at 8:55 p.m. ATTEST: Barb a Maher, Deputw erk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ( I#' Daniel Warner, Chairman Minutes, 9/3/91, Page 6