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HomeMy WebLinkAboutCouncil February 23 1993WHATCOM COUNTY COUNCIL Regular Meeting February 23, 1993 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest St., 2nd floor, by Marge Laidlaw, Chair. Also present: Absent: Barbara Brenner Larry Harris Ken Henderson Bob Imhof Dennis Vander Yacht Dan Warner SPECIAL PRESENTATION 1. UPDATE ON NOOKSACK BASIN PLANNING - TERRY GALVIN, PLANNING (AB93 -048) Topics discussed: Problems in the Nooksack Basin with water; problem resolutions; lack of water rights in the agricultural community; discussions with the tribes and others to date; the fact that the Nooksack Basin Planning is in the very early stages; the water needs of many; the legal problems; management problems; environmental and informational problems; lack of an agreed upon way of dealing with all these problems; quality and quantity of problems; the great extent of area covered by the Nooksack River Basin; conflicting management practices; goals at the staff level and how to reach these goals; engage a diverse water resource plan; search for alternatives for litigation, primarily through dialogue with the Nooksack Tribe and the Lummi Nation; the need for an adequate data base; status report of current water resources planning; engaging in long range planning practices; the need to define an informational program; where the funding will come for all of this; Department of Ecology statement that they will fund this and are committed to the process; a bill in the legislature at this time to coordinate a water resource plan; the need to meet a certain criteria of data and information processing. Speakers: Sue Blake, Whatcom County Water Resource Manager; Terry Galvin, Planning; Henderson; Harris. OPEN SESSION Lloyd Austin, 1838 Lakeside: Stated that he was happy to see the Council this evening. He spoke to the Cordata rezone (AB93 -004) and complimented Council on using its own good judgement rather than succumbing to pressure tactics. Jocelyn Winslow, 433 17th St.: Spoke to the North Sound Regional Support Network, item 14 on the agenda. She stated that she is happy to see the reappointments of the Bruce Kraig, Lynda Nelson and Fred Fragner. She spoke to a letter she had written to the Council regarding Shirley Van Zanten's being chair of the Northwest Regional Council (NWRC). She said that she has since received information stating that Van Zanten is not the chair, but the secretary. She reviewed the work NWRC does with senior citizens and with disabled citizens. Frank Barnreiter, 4423 1/2 Lakeway Dr.: Spoke to Schnauzer Crossing Bed and Breakfast (AB92 -383). He stated that a letter he had written to the Council and delivered to the Council on Friday, Feb. 19. The letter was held up from being delivered to the Council until today. He hopes the Council will read the letter he submitted. He read from the Hearing Examiner's decision and hopes that the Council will uphold the original decision of the Hearing Examiner. He states that he believes that the cottage has increased the traffic in their neighborhood at least fifty percent. Frank Winslow, 433 17th Street: Stated that he is happy that the Council will conduct a review into the relationship between the NWRC and Whatcom County. He feels that Whatcom County is poorly represented on the NWRC, especially when the Executive is the County's representative. The NWRC is a policy- making body; Van Zanten is an administrator and as such should not be making policy. Henderson stated that the Committee is at the point of reviewing the interlocal agreement that the County has with the NWRC and he asked for the Council's consent to have those meetings separate from the official Finance Committee meetings, in ad hoc meetings with the committee consisting of Dan Warner, himself, and the representative to the NWRC, in order to review the subject in depth and bring all those questions that have been raised to the Finance Committee and to the full Council along with that contract renewal. Phyllis Kronenberg, 2315 E. Pole Rd.: Spoke to the reorganization (AB92 -391B) which she states she supports. She said that to veto the bill because of what amounts to a scrivener's error is trivial. Fred Nowicke, 3341 Berg Rd.: Spoke to the bid for the crushed rock from the Nooksack River (AB93 -054). He stated that Cowden Gravel proved itself wrong with the moratorium and should have been chastised more severely. Now there is bid from Cowden to take gravel from the Nooksack River. Nowicke agrees with letting Cowden take the gravel from the river; this will be beneficial for flood control purposes, and it's time to move on with business. Seeing no else, Laidlaw closed the Open Session. HEARINGS Council Minutes, 2123193, Page 2 1. DECISION ON PETITION FOR THE VACATION OF A PORTION OF LOOKOUT, LEWIS, LIVINGSTON, AND STANLEY AVENUES, FILED BY ROD JOHNSON (AB92 -482) Laidlaw opened the public hearing. Seeing no one, Laidlaw closed the public hearing. IMHOF MOVED APPROVAL OF THE VACATION AND APPROPRIATE CHARGES. The motion carried unanimously. 2. DECISION ON PETITION FOR THE VACATION OF A PORTION OF WILLOW STREET WEST OF SUNRISE DRIVE, FILED BY CLIFF & JANICE RHODES (AB92 -483) Laidlaw opened the public hearing. Seeing no one, Laidlaw closed the public hearing. IMHOF MOVED TO APPROVE THE VACATION AT NO COST TO THE PETITIONER. The motion carried unanimously 3. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO GLENHAVEN LAKES CLUB WATER ASSN. ALONG CERTAIN COUNTY ROADS (AB92 -484) Laidlaw opened the public hearing Seeing no one, Laidlaw closed the public hearing. IMHOF MOVED APPROVAL OF THE ORDINANCE. The motion carried unanimously. OTHER ITEMS 1. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON HEARING EXAMINER FILE NO. LCR 92 -2, BC SOUTH, FILED BY B.C. SOUTH, LTC. (AB92 -383) Council Minutes, 2123193, Page 3 IMHOF MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. The motion carried unanimously. 2. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON HEARING EXAMINER FILE NO. CU17 -92, SCHNAUZER CROSSING, FILED BY VERMONT & DONNA MCALLISTER (AB92 -366) BRENNER MOVED TO OVERTURN THE HEARING EXAMINER'S DECISION. There was discussion on the motion. The motion carried 4 -3, with Henderson, Harris, and Warner opposed. 3. BID AWARD FOR THE PRODUCTION OF CRUSHED SEAL ROCK TO BE USED FOR COUNTY ROAD MAINTENANCE (USING NOOKSACK RIVER ROCK) TO THE LOW BIDDER, COWDEN INC., FOR $782,471, INCLUDING SALES TAX (CONDITIONED ON APPROVAL OF A SUPPLEMENTAL BUDGET)(AB93 -054) Henderson reported for Finance and recommended approval. HE SO MOVED. Brenner stated that she would like to amend the bid to read one year rather than two. Karen Frakes, Senior Deputy Prosecutor, stated that the Council cannot amend this without going out to bid again. There was further discussion on the motion. The motion carried 6 -1, with Brenner opposed. 4. BID AWARD FOR TWO MID-SIZE POLICE SEDANS TO THE LOW BIDDER, DIEHL FORD INC., FOR $27,384.23, INCLUDING SALES TAX (AB93 -055) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. Council Minutes, 2123193, Page 4 5. BID AWARD RECOMMENDATION FOR TEN 1/2 -TON PICKUP TRUCKS TO THE LOWEST RESPONSIVE BIDDER, BBC DODGE THROUGH THE STATE CONTRACT, FOR A TOTAL OF $107,666.70, INCLUDING SALES TAX (AB93 -056) Henderson reported for Finance and recommended approval. HE SO MOVED. There was discussion on the motion. The motion carried 6 -1, with Brenner opposed. 6. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT WITH HARDING LAWSON ASSOCIATES (HLA) TO EXTEND GROUNDWATER MONITORING SERVICES AT THE CEDARVILLE LANDFILL THROUGH 1993 FOR $44,000 (AB93 -057) Henderson reported for Finance and recommended approval. HE SO MOVED. There was discussion on the motion. Solid Waste Manager Bob Jurica stated that he did not think that in the future the County would consider doing this monitoring in- house. The motion carried unanimously. 7. REQUEST TO PURCHASE PROPERTY INSURANCE IN THE AMOUNT OF $30,034 PLUS $250 BROKER FEE (AB93 -058) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT FOR PROFESSIONAL SERVICES FOR A DOMESTIC RELATIONS SPECIALIST NOT TO EXCEED $12,400 (AB93- 059) Council Minutes, 2123193, Page 5 Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 9. REQUEST FOR AUTHORIZATION TO NEGOTIATE A CONTRACT WITH GREG RUSTAND INC. FOR A 25 -BED WORK RELEASE FACILITY (AB93 -060) Henderson reported for Finance and recommended approval. HE SO MOVED. Topics discussed: The moving of $58,000 from current expense to fund this; negotiations with the City of Bellingham to help fund this project; the ten month time frame; the possibility of drafting a support resolution with the City; revenue sharing with the City. Speakers: Henderson; Laidlaw; Imhof. The motion carried unanimously. 10. AGREEMENT AMENDMENT FOR CONSULTING SERVICES WITH FINANCIAL CONSULTING SOLUTIONS GROUP, INC. FOR SOLID WASTE DISPOSAL RATE DESIGN REVIEW (AB93 -038) Henderson reported for Finance and recommended approval with the understanding that this is the final amendment that will be allowed on this issue and that there will no additional funding allocated for solid waste disposal rate design review in the future. HE SO MOVED. There was discussion on the motion. The motion carried 4 -3, with Brenner, Laidlaw, and Vander Yacht opposed. 11. ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BONDS IN THE AMOUNT OF $8,300,000 (AB93 -047) This item was taken first. Tom Sutberry, Deputy Administrator, stated that the actual amount is $8,400,000 and Council Minutes, 2123193, Page 6 a substitute ordinance has been presented to the Council. He gave a brief history on this issue and discussed some information contained in a handout he gave to each Council Member (on file, AB93 -047). Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 12. RESOLUTION TO ADOPT A SALARY SCHEDULE FOR THE WHATCOM COUNTY COUNCIL FOR 1996 AND 1997 (AB93 -049) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 13. RESOLUTION DIRECTING THE AUDITOR TO ADVERTISE A CALL FOR BIDS FOR THE COUNTY'S OFFICIAL NEWSPAPER (AB93 -050) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 14. REQUEST FOR CONFIRMATION OF APPOINTMENTS TO THE NORTH SOUND REGIONAL SERVICES NETWORK CITIZENS' ADVISORY BOARD (AB93 -062) WARNER MOVED TO CONFIRM THE APPOINTMENTS OF BRUCE KRAIG, LYNDA NELSON AND FRED FRAGNER. The motion carried unanimously. 15. NOMINATION AND POSSIBLE APPOINTMENT TO SEWAGE CONTROL APPEALS BOARD (AB93 -053) IMHOF MOVED TO SUSPEND THE RULES AND NOMINATE AND CONFIRM IN THE SAME EVENING. The motion carried unanimously. Council Minutes, 2123193, Page 7 MOVED TO APPOINT RAY FENTON TO REPLACE PATRICIA WOODALL AND COMPLETE THE REMAINDER OF HER TERM. The motion carried unanimously. 16. ORDINANCE REORGANIZING WHATCOM COUNTY GOVERNMENT THROUGH REPEAL OF CERTAIN EXISTING DEPARTMENTS, CREATION OF NEW DEPARTMENTS, AND ESTABLISHMENT OF FUND AND COMMISSION (AB92 -391B) WARNER MOVED ADOPTION OF THE ORDINANCE AS AMENDED SO THAT THE EFFECTIVE DATES ARE NOVEMBER 1, 1992, AND SO THAT WITHIN 10 MONTHS RATHER THAN 6 MONTHS PERMANENT DEPARTMENT HEADS WILL BE APPOINTED FOR SUBMISSION TO COUNCIL FOR CONFIRMATION. WARNER MOVED TO ADD A PARAGRAPH ON THE SECOND PAGE OF THE ORDINANCE TO SAY "ALL RIGHTS, AGREEMENTS, CLAIMS, OBLIGATIONS, AND CONTRACTS OF EXISTING DEPARTMENTS SHALL REMAIN AND BE CONTINUED WITHOUT INTERRUPTION THROUGH SUCCESSOR DEPARTMENTS AS APPROPRIATE." The motion to add the paragraph carried unanimously. Imhof stated that he would like to change the effective dates to January 1, 1994. HE SO MOVED. The motion to amend failed 3 -4, with Vander Yacht, Warner, and Imhof in favor. The main motion to adopt the ordinance carried 6 -1, with Imhof opposed. INTRODUCTION ORDINANCE AMENDING THE 1993 BUDGET (AB93 -063) "COUNCIL INTENDS TO FURTHER AMEND BUDGET AB93 -001 REGARDING PATHS & TRAILS FUND FOR $1,600." 2. ORDINANCE SETTING FILING FEES FOR SURVEY RECORDING ACT AND AMENDING COUNTY CODE SECTION 3.50.010 (AB93 -051) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Bob Woods: Reported on a trip he took to Seattle this morning regarding computer networking. He also stated that he has been called to jury duty starting March 1. Council Minutes, 2123193, Page 8 Harris: Water Resources Committee was informed today that the Coordinated Water Supply Plan will be voted on by the Water Utilities Coordinating Committee sometime in May and Council will be getting it sometime in mid or late May. Council will need to decide who will manage the satellite systems. Harris also stated that the Washington Environmental Council has indicated they might join the Council in the Critical Areas referendum (AB92 -058E) hearing as a friend of the court. They requested both the briefs. Brenner: Spoke to the Nooksack Liquor License (AB92 -028) for the Casino. She stated that there was a discrepancy between what the Attorney General said he reported to the Liquor Control Board and what the Liquor Control Board reported to those involved. She clarified the issue. Laidlaw: Request to delay the Development Standards (AB92 -479). The Lake Management team asked for about a month's delay in providing their goals and were granted the delay. Laidlaw reported that the staff has reassembled the County -Wide Planning Policies (AB92 -080) since the Council's work sessions. It will be on the agenda for next Tuesday's meeting. Laidlaw stated that N.F. Jackson and the staff of the Superior Court has received kudos from the Department of Health and Social Services that their court order reporting is more than adequate and more than timely with a four -day turn around time. This good work generates back to the County's general expense fund about $9,000 per year. Laidlaw publicly thanked Superior Court. Imhof: Spoke to a vote on the Airport Advisory Committee that will take place tomorrow on whether to destroy or to remove the houses they are buying which are in the flight paths and whether or not it will be mandatory to be in the purchase program. Henderson: Financial Management Committee review of the NWRC contract should be completed sometime in mid- March. Henderson also pointed out the disagreements among the members of the Financial Reorganization Committee and referred Council members to a memo left in their boxes today. Henderson said he had asked that they provide in writing detailed comments with regard to this report so that Council can review them. Henderson reported that Whatcom Transportation Authority annexation of Blaine and the area from Ferndale north to the border is on hold. There is much debate over whether or not Blaine is going to have its own transportation. Council Minutes, 2123193, Page 9 The meeting was adjourned at 9:00 p.m. ATTEST: D : !0 t Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marge Ildlaw, Chair Council Minutes, 2123193, Page 10