HomeMy WebLinkAboutCouncil January 26 19931
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
;4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
3
47
WHATCOM COUNTY COUNCIL
Regular Meeting
January 26, 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
READING AND APPROVAL OF MINUTES
The regular meeting minutes of December 17, 1992 and January 7 and 12, 1993, were
approved with minor changes to the January 12 minutes.
EXECUTIVE REPORT
There was no Executive Report.
SPECIAL PRESENTATION
Rob Griffith, Transportation Project Manager, Whatcom County Council of
Governments, discussed transportation projects for all jurisdictions in Whatcom County (AB93-
023).
Topics discussed: Surface Transportation Act; the organizational structure and how
funding would come to this organization; the two scenarios available; time limit of eight months
before the money must be spent; the Council of Governments recommends scenario number
one; disadvantages to scenario number two.
Scenario one is that a sole agency, such as the Regional Transportation Planning
Organization, be responsible for project selection in the region. Scenario two is the formation
of two separate selection bodies, the first composed of the MPO, the second composed of
representatives from the rural cities in the county and from the unincorporated portions of the
county.
Persons speaking: Rob Griffith, Henderson, Mark Chandler.
WARNER MOVED TO GO WITH SCENARIO NUMBER ONE.
The motion carried unanimously.
1 OPEN SESSION
2
3 Rita Foley, Blue Canyon Rd.: Spoke to problems with the watershed. She stated that
4 a neighbor is excavating very close to Lake Whatcom; undermining the mountain and the
5 Nielson Brothers logging operation by removing large boulders from the base of the mountain.
6 She stated that she would like the Council to institute some regulations and fines regarding the
7 protection of the watershed.
8
9 Nate Brown, Whatcom County Building and Codes, stated that the property referenced
10 by Rita Foley has been visited and reviewed eight times by Building and Codes. Foley's
11 neighbor is doing only things that he is allowed to do by permit. Brown stated that if Foley calls
12 his office with frivolous complaints, he will charge her for the site visits, and if she badgers his
13 office staff, by swearing, etc., he will file a formal complaint.
14
15 Ed Henken, Whatcom County Engineering, stated that the referenced property is a one
16 acre site that is being partially cleared, by permit. Mr. Strand, owner of the property, was told
17 on January 25 not to do any more excavating until conditions have improved. When Henken
18 got back to his office, there was a call in from Foley stating that Mr. Strand was still excavating.
19 Henken sent someone out to check this out, but could .find no evidence of further excavation.
20
21 Foley restated that her neighbor was, in fact, excavating.
22
23 Frank Barnreiter, 44231/2 Lakeway Dr.: Spoke to the Schnauzer Crossing issue (AB92-
14 366). He asked that the Council allow him to write a letter and address some of the issues that
25 he is concerned about. Laidlaw said that this issue had been remanded to the Hearing
26 Examiner and that was the proper place to send his remarks. Watts said if such a letter came
27 to the Council, it should be placed into the record (the official file) and considered as part of
28 the public record.
29
30 Norman Kimes,: (AB92 -409) Stated that he had just heard that the Council may not
31 make a decision on his appeal tonight because of absences of record. Laidlaw said that was
32 true; Council had decided to postpone the issue for a week.
33
34 Linda Brothers, 2600 Century Square, Seattle, Representative for Northwest Pipeline in
35 the Kimes appeal: She asked what kinds of information the Council still needs. Harris stated
36 that there is no information in the file since late October, 1992, and that information may or
37 may not be pertinent, but he wants to see it.
38
39 HEARINGS
40
41 1. ORDINANCE TO ADOPT THE WHATCOM COUNTY DEVELOPMENT
42 STANDARDS, PART A - REGULATORY STANDARDS (AB92 -479)
43
44 This issue has been postponed to a later date.
45
Council Minutes, 1126193, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
;4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
2. ORDINANCE AMENDING THE 1993 PATHS & TRAILS FUND BUDGET
(AB93 -001)
Council Budget and Program Analyst Bob Woods explained this issue.
Laidlaw opened the public hearing.
Hearing no one, Laidlaw closed the public hearing.
WARNER MOVED TO ADOPT THE ORDINANCE.
The motion carried unanimously.
3. ORDINANCE REGARDING THE MATTER OF PLACING STOP SIGNS ON
VARIOUS COUNTY ROADS (AB93 -012)
Laidlaw opened the public hearing.
Hearing no one, Laidlaw closed the public hearing.
IMHOF MOVED TO ADOPT THE ORDINANCE.
The motion carried unanimously.
4. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY
SURPLUS PERSONAL PROPERTY "DAMAGES IN TORT ACTIONS ", A
SET OF LAW BOOKS, PURSUANT TO WCC 1.10 (AB93 -013A)
Laidlaw opened the public hearing.
Hearing no one, Laidlaw closed the public hearing.
BRENNER MOVED APPROVAL OF THE RESOLUTION.
The motion carried unanimously.
OTHER ITEMS
1. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION FILE NO.
SHS92 -23, SCU92 -4, NORTHWEST PIPELINE, FILED BY NORMAN KIMES
(AB92 -409)
WARNER MOVED TO HOLD THIS ITEM OVER UNTIL NEXT WEEK
(FEBRUARY 2) FOR FURTHER REVIEW.
Council Minutes, 1126193, Page 3
1 The motion carried unanimously.
2
3 2. BID AWARD RECOMMENDATION FOR THE RENOVATION OF THE
4 NOR -BELL FACILITY TO THE LOW BIDDER, JOHN DANIELS
5
6 CONSTRUCTION, FOR $995,964 INCLUDING SALES TAX, CONDITIONED ON
7 THE CONTRACTOR ISSUING A CHANGE ORDER (AB93 -024)
8
9 Henderson reported for Finance.
10
11 Topics discussed: Various aspects of the bid; exclusion of some charges to bring the bid
12 amount down; the possibility of rejecting all bids and going out to bid again; the time
13 constraints being faced by the County on this project; the recommendation coming from the
14 Finance Committee; the bond issue; the reasons for the original estimate being higher.
15
16 HENDERSON MOVED TO APPROVE THE BASE BID AT $848,900, PLUS
17 ALTERNATES #1 AND #2, WITH CHANGE ORDERS NOT TO EXCEED THE
18 AMOUNT OF $75,000, AND THE TOTAL PACKAGE COST, INCLUDING CHANGE
19 ORDER DESIGN AND ANY ADDITIONAL WORK, NOT TO EXCEED $1.3 MILLION
20
21 There was further discussion on the project. Topics discussed included: Putting a cap
22 on the project of $1.2 million; who makes the decision of what work to prioritize when working
23 with a cap; establishing who will make decisions on what to cut out; cutting the cash flow by
!4 allowing this remodel to go ahead as planned rather that continue renting a facility; the bond
25 issue; spreading payments over twenty years; the idea of moving the offices downtown; Dan
26 Taylor's letter (on file, AB92 -377); impacted departments being involved in the changes that
27 are made to the original bid; budget problems; going over budget by thirty percent; the urgent
28 need to make a decision as soon as possible; the consequences of rejecting all bids and going
29 out to bid again or going downtown and finding another place to buy and renovate.
30
31 Speakers: Henderson; Imhof, Vander Yacht: Brenner; Harris; Warner.
32
33 The motion carried 4 -3, with Vander Yacht, Brenner, and Laidlaw opposed.
34
35 3. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY
36 TAXES FOR 1992 (AB93 -017)
37
38 Henderson reported for Finance and recommended approval.
39
40 HE SO MOVED
41
42 The motion carried unanimously.
43
44 4. ORDINANCE AMENDING THE 1993 BUDGET (NW WA FAIR) (AB93 -011)
45
Council Minutes, 1126193, Page 4
1 Henderson reported for Finance and recommended approval.
2
3 HE SO MOVED
4
5 The motion carried unanimously.
6
7 5. ORDINANCE TO APPROVE OF DISPUTE RESOLUTION SERVICES PLAN
8 AND AMENDING 1993 CURRENT EXPENSE SUPERIOR COURT
9 BUDGET, TO FUND DISPUTE RESOLUTION CENTER (AB92 -441C)
10
11 Henderson reported for Finance and recommended approval.
12
13 HE SO MOVED.
14
15 The motion carried unanimously.
16
17 6. PROPOSED CREDO OF THE GOVERNMENT OF WHATCOM COUNTY
18 (AB93 -022)
19
20 Topics discussed: Background of the credo; request of changing the title of "credo'; the
21 need for a code of ethics rather than a credo; how this credo was written and the information
22 was compiled; the possibility of discussing this at the retreat; taking extra time to review this.
23
!4 WARNER MOVED TO FORWARD THE PROPOSED CREDO TO THE
25 ADMINISTRATION AND ASK THAT ALL COUNTY DEPARTMENTS BE FORWARDED
26 A COPY TO REVIEW AND MAKE CHANGES OR SUGGESTIONS WHERE
27 NECESSARY. ALL CHANGES SHOULD BE RETURNED TO THE COUNCIL OFFICE
28 BY THE FIRST WEEK OF MARCH.
29
30 Speakers: Warner; Brenner; Harris; Vander Yacht; Laidlaw.
31
32 The motion carried 5 -2, with Harris and Vander Yacht opposed.
33
34 7. DISCUSSION OF THE SECOND MOFFAT REPORT REGARDING
35 BUILDING AND CODES (AB92 -311B)
36
37 Topics discussed: Background of the second Moffat report; avenues the Council can take
38 at this point; the ability of the Council to make changes to various codes where necessary; the
39 clearing permit process and extending the penalties that apply to violations of the clearing
40 ordinance to other major violations; the need to alter the process; the evident pattern that
41 seems to benefit the applicant and the developer; the special attorney pointing out some
42 violations of the law and the need to voice the Councils concerns to the Administration; the
43 Cowden Gravel issue; various issues noted in the report; forwarding concerns to the Prosecutor
44 rather than the Administration.
45
Council Minutes, 1126193, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
;4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Speakers: Woods; Brenner; Laidlaw; Harris; Imhof; Henderson; Vander Yacht.
HARRIS MOVED TO FORWARD THE MOFFAT REPORT TO THE COUNTY
PROSECUTOR WITH A REQUEST FOR AN OPINION ON THE FOLLOWING THREE
ALLEGED VIOLATIONS: WAC 173 -14 -040 (HAGGEN); WCC 20.20.200 (MCALLISTER);
UNIFORM FIRE CODE (FARMERS CO -OP)
The motion carried 5 -2, with Imhof and Warner opposed.
WARNER MOVED TO FORWARD THE MOFFAT REPORT TO THE
ADMINISTRATION FOR REVIEW, REQUESTING THAT THE ADMINISTRATION
BRING TO THE COUNCIL'S ATTENTION ANY PROBLEMS IN THE COUNTY CODE
THAT ARE REFLECTED IN THE REPORT WITH THE OBSERVATION THAT THE
COUNCIL EXPECTS EVENHANDED APPLICATION OF THE LAWS.
The motion carried unanimously.
HENDERSON MOVED TO SEND A LETTER OF APPRECIATION FROM THE
COUNCIL TO JOHN MOFFAT.
The motion carried 6 -1, with Vander Yacht opposed.
INTRODUCTION
1. RECEIPT OF. APPLICATION FOR OPEN SPACE /TIMBER, FILED BY
BELL ENTERPRISES (AB93 -015) .
2. RECEIPT OF APPLICATION FOR OPEN SPACE /OPEN SPACE, FILED BY
VINCENT & MARY KELLEY (AB93 -016)
3. ORDINANCE TO APPROVE COMP PLAN MAP AND ZONING MAP
AMENDMENT FROM RURAL (R10A AND R5A) TO URBAN
RESIDENTIAL (UR3) FOR APPROX. 565 ACRES AND TO GENERAL
COMMERCIAL (GC) FOR APPROX. 15 ACRES IN THE URBAN FRINGE
SUBAREA REQUESTED BY THE TRILLIUM CORP ON BEHALF OF
CAITAC USA, PROPERTY OWNER (AKA CORDATA NORTH OR
WILDER RANCH REZONE) (AB93 -004)
4. RECEIPT OF PETITION FOR THE VACATION OF PORTION OF
SCUTVICK ROAD, FILED BY CLYDE & JUDITH DENTON (AB93 -020)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Laidlaw reminded the Council of the County -Wide Planning Policies meeting on January
28. She called the Council's attention to a letter from Skip Richards asking that the Council
Council Minutes, 1126193, 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
M
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
consider some alternate approaches to the way the discussions on the County -Wide Planning
Policies are conducted.
Laidlaw reported that both the Executive and Developmental Disabilities requested that
Council send letters to the State regarding funding cuts. There was considerable discussion over
cutting funds and increasing taxes.
LAIDLAW MOVED THAT COUNCIL SEND A LETTER TO THE GOVERNOR AS
SUGGESTED BY CARL ALLEN THAT INDICATES BASIC SUPPORT FOR THE
CONTINUED EMPLOYMENT DAY PROGRAMS FOR DEVELOPMENTALLY
DISABLED CITIZENS FOR OUR COUNTY AND ACROSS THE STATE.
Warner made a friendly amendment which added that if they are not to be cut, we also
support a tax increase to pay for it.
The amendment was not accepted.
HE SO MOVED.
The motion failed 4 -2.
WARNER MOVED TO AMEND THE MOTION THAT THE LETTER NOT BE
SENT UNTIL DISSENTING OBSERVATIONS BE ADDED TO IT ON A SEPARATE
PAGE.
The motion failed 3 -4, with Vander Yacht, Imhof, and Warner in favor.
Laidlaw's main motion carried unanimously.
HENDERSON MOVED TO HAVE THE DEVELOPMENTAL DISABILITIES
BOARD COME BEFORE THE COUNCIL AND MAKE A 15 MINUTE PRESENTATION.
The motion failed 3 -4 with Vander Yacht, Henderson, and Harris in favor.
Harris mentioned that at the last meeting it was indicated that he had not lived in
Whatcom County long enough to know that we don't have floods this time of the year, so he
took some time off to sandbag his riprap and do some research. He found, from the Engineer's
office, that about 35 -40% of the floods happen in January/February.
Harris brought up the Development Standards being dropped from the agenda tonight.
Dan Taylor stated that the standards needed to be cleaned up before being brought forth to the
Council again. It was decided that the whole package should be brought to the Planning and
Development Committee, then go forward to the Planning Commission.
HARRIS MOVED TO HAVE THE ENTIRE DRAFT DOCUMENT BROUGHT
Council Minutes, 1126193, Page 7
1 FORTH TO THE PLANNING AND DEVELOPMENT COMMITTEE FOR REVIEW AS
2 SOON AS POSSIBLE AND TO WRITE A LETTER ASKING FOR CLARIFICATION OF
3 INTENT AND PROCESS.
4
5 The motion carried unanimously.
6
7
8 Harris promised a report on the Water Resources Committee's meeting with the Flood
9 Control Board.
10
11 Brenner stated that she had distributed a letter to all Council Members regarding
12 comments made at a recent meeting by Dr. Frank James regarding the Health Department
13 budget.
14
15 BRENNER MOVED TO HAVE BOB WOODS DRAFT A MEMO TO THE
16 COUNTY EXECUTIVE AND THE HEALTH DEPARTMENT TO CLARIFY RECENT
17 STATEMENTS MADE BY DR. JAMES THAT THE HEALTH DEPARTMENT RECEIVED
18 A 5% BUDGET CUT AND HAD TO LET STAFF GO. THESE STATEMENTS DIFFER
19 FROM WHATCOM COUNTY COUNCIL'S ADOPTED BUDGET NUMBERS,
20 INDICATING AN 8.5% BUDGET INCREASE AND A SUBSTANTIAL INCREASE IN
21 STAFF. IT IS IMPORTANT THAT THERE BE A CLEAR UNDERSTANDING OF THE
22 COUNTY BUDGET ON THE PART OF THE COUNCIL AND THE DEPARTMENTS.
,4 The motion carried unanimously.
25
26 Brenner also stated that at the last Solid Waste Advisory Committee (SWAC) meeting
27 two issues were brought up that needed attention of the whole Council. The first was to trade
28 places between Carl Wymer and Carol Rondello.
29
30 BRENNER SO MOVED.
31
32 Randy Watts asked if, by changing categories, a person accepts the term limitations of
33 the category assumed or is he no longer eligible to be on SWAC. This issue was tabled until
34 further information could be obtained.
35
36 The second was that SWAC feels it no longer has balanced representation because there
37 are no haulers on the Committee and some industries are currently under - represented. As a
38 result, Bob Muenscher resigned. She asked the Council to specify that Solid Waste report to
39 Council when these appointments are due.
40
41 Brenner also brought up the memo sent to the Council by Shirley Van Zanten stating
42 that she would no longer have representation at Council meetings. Henderson stated that he
43 had talked to Tom Sutberry about this and was informed that the intent of the letter was to let
44 the Council know that they would no longer be making presentation, not that they wouldn't be
45 attending the meetings.
Council Minutes, 1126193, Page 8
1 Brenner reported on a letter she received from the Utilities and Transportation
2 Commission about the implementation schedule for extended area service, most of which should
3 be installed and operating by mid 1993.
4
5 Imhof stated that he had taken a newsletter from the "people across the line" to
6 Northwest Air Pollution (NWAP). NWAP has been in touch with them and they are in a
7 working relationship already.
8
9 Imhof stated that in two weeks at the Public Services Committee there will be a meeting
10 with several representatives from the Lummi Nation who are objecting to the Lummi City
11 Utility Tax.
12
13 Short plat problems were addressed by Imhof. One complaint was from a gentleman
14 who said his application was held up because of demands for footage from the County. A
15 second gentleman said his short plat was held up because someone in a County office required
16 a deed of some property.
17
18
19
20
21
22
23
!4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
Henderson stated that the Finance Committee discussed the Unified Fee Schedule and
Linda Irvin will be reporting with further changes. Henderson and Don Adler, purchaser of both
ambulance companies, discussed the constraints placed on him by the contract which exists with
the Medic One system.
Henderson also reported on his appointment to the Northwest Regional Council. He has
an appointment with Dewey Dessler and will report to Council on the results.
Laidlaw stated that she had drafted a letter to the Conservation District.
LAIDLAW MOVED TO SEND A LETTER FROM THE COUNCIL AS A WHOLE
ADDRESSING CONCERNS EXPRESSED BY THE CONSERVATION DISTRICT,
COUNCIL'S LETTER TO BE PUBLISHED IN THE CONSERVATION DISTRICT'S
NEWSLETTER.
The motion carried unanimously.
Laidlaw reported that the Beacon Group requested another meeting with the Council.
The meeting was adjourned at 9:50.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
43 �,
45 Dana- -lY6Wn7:gavis, si Clerk Marge Ldidlaw, Chairman
Council Minutes, 1126193, Page 9