HomeMy WebLinkAboutCounty Council April 14 19921 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 April 14, 1992
4 The meeting was called to order at 7 p.m. by Council Chairman Daniel Warner in the
5 Council Chambers, 1000 N. Forest.
6
Present Absent"
7
Dennis Vander Yacht None
8
Barbara Brenner
9
Larry Harris
10
Marge Laidlaw
11
Ken Henderson
12
Robert Imhof
13 READING AND APPROVAL OF MINUTES
14 The minutes of the March 3 and March 10 Council meetings were approved as
15 presented.
16 EXECUTIVE SESSION
17 APPEAL OF HEARING EXAMINER'S DECISION ON VARIANCE 7 -91,
18 FILED BY POMEROY (AB92 -111)
19 Warner explained that the Council needed to recess to have Randall Watts, Chief Civil
20 Deputy Prosecutor, explain the issue.
21 VANDER YACHT MOVED THE COUNCIL RECESS AND GO INTO EXECUTIVE
22 SESSION. -
23 The motion was carried unanimously.
24 Warner reconvened the County Council meeting.
25 BRENNER MOVED TO REMAND THIS ISSUE BACK TO THE HEARING
26 EXAMINER FOR FURTHER TESTIMONY AS TO WHETHER THIS IS THE ONLY SITE
27 FOR THE MANURE LAGOON.
28 The motion carried with Imhof and Laidlaw out of the room
29 EXECUTIVE ITEMS
10 1. BID AWARD RECOMMENDATION FOR AN AUTOMATIC TARGET
.;1 CARRIER SYSTEM FOR THE PLANTATION. RIFLE RANGE TO THE
1 LOWEST RESPONSIVE BIDDER, CASWELL INTERNATIONAL
2 CORPORATION (AB92 -158)
3 Shirley Van Zanten, County Executive, explained this issue.
4 Laidlaw reported for Finance and recommended approval.
5 SHE SO MOVED.
6 The motion carried 5 -2 with Brenner and Imhof opposed.
7 2. BID AWARD RECOMMENDATION FOR ITEMS FOR COUNTY BRIDGE
8 MAINTENANCE ITEMS THIS SUMMER TO THE LOWER BIDDER IN
9 EACH CASE: TIMBER PILING, TO PACIFIC SOUND RESOURCES; AND
10 CAPS, POSTS, STRINGERS AND PLANKS TO KENNEDY JOHNSON
11 LUMBER SALES, INC. (AB92 -159)
12 Laidlaw reported for Finance and recommended approval.
13 SHE SO MOVED.
14 The motion carried unanimously.
.L5 3. BID AWARD RECOMMENDATION FOR PRE -CAST CONCRETE
16 BULKHEADS FOR BRIDGE MAINTENANCE TO THE LOW BIDDER,
17 PACIFIC CONCRETE INDUSTRIES (AB92 -160)
18 Laidlaw reported for Finance and recommended approval.
19 SHE SO MOVED.
20 The motion carried unanimously.
21 4. APPROVAL OF COMPU -TECH INC. AS THE SOLE SOURCE VENDOR FOR
22 SUPPORTING COMPU -TECH LICENSED SOFTWARE (AB92 -161)
23 Laidlaw reported for Finance and recommended approval.
24 SHE SO MOVED.
25 Warner, Brenner and Van Zanten discussed the meaning of them being sole source.
26 The motion carried unanimously.
Minutes, 4/14/92, Page 2
1 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER IN
2 TO A CONTRACT FOR PROFESSIONAL SERVICES WITH COMPU -TECH,
3 INC. FOR DEVELOPMENT OF A JAIL MANAGEMENT SOFTWARE
4 PACKAGE (AB92 -162)
5 Laidlaw reported for Finance and recommended approval.
6 SHE SO MOVED.
7 The motion carried unanimously.
8 6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
9 INTO A PROFESSIONAL SERVICES CONTRACT WITH SHARON
10 ROBINSON FOR CONTRACT MONITORING /AUDITING IN THE
11 COMBINED TREATMENT SERVICES DEPARTMENT (AB92 -163) .
12 7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
13 INTO A CONTRACT WITH SEAMAR COMMUNITY HEALTH CENTER FOR
14 MENTAL HEALTH SERVICES (AB92 -164)
15 Laidlaw reported for Finance and recommended approval of 6 and 7.
16 SHE SO MOVED.
17 The motion carried unanimously.
18 8. REQUEST FOR CONFIRMATION, BOARD AND COMMISSION
19 APPOINTMENTS (AB92 -165)
20 *NEW APPOINTMENT OF PHIL SHOPES TO HIS FIRST THREE -YEAR
21 TERM ON THE COUNTY APPEALS BOARD TO REPLACE JEPH DELORME WHO
22 SERVED TWO TERMS AND IS NOT ELIGIBLE FOR REAPPOINTMENT. TERM
23 WILL RUN FROM JANUARY 1992 TO DECEMBER 1994
24 *NEW APPOINTMENT OF ANNETTE COLE -BAKER TO COMPLETE THE
25 TERM OF A CURRENTLY VACANT POSITION ON THE DEVELOPMENTAL
26 DISABILITIES BOARD WHICH WILL EXPIRE IN DECEMBER 1993
27 *NEW APPOINTMENT OF FRED FRAGNER TO THE MENTAL HEALTH
28 ADVISORY BOARD TO COMPLETE THE TERM OF LAURENCE TAYLOR WHO
29 RESIGNED. TERM WILL RUN TO DECEMBER 1994
30 *NEW APPOINTMENT OF BETH BOYD TO THE SUBSTANCE ABUSE
31 BOARD TO HER FIRST THREE -YEAR TERM, REPLACING DONOVAN KEHRER
32 WHO WAS NOT ELIGIBLE FOR REAPPOINTMENT. TERM WILL RUN FROM
33 JANUARY 1992 TO DECEMBER 1994
34 LAIDLAW MOVED CONFIRMATION OF THE APPOINTMENTS.
Minutes, 4/14/92, Page 3
1 The motion carried unanimously.
2 9. EXECUTIVE'S REPORT
3 Shirley Van Zanten, County Executive, distributed reports on the following:
4 Point Roberts -Advisory Board; monthly construction report; road naming; and a status
5 report on the progress of the Lake Management Plan.
6 OPEN SESSION
7 Lloyd Austin, 1838 Lakeside: Concerned about the acceptance of funds to go to a
8 conference in California. He said David Syre has been appointed to improve downtown Denver
9 and can't help Bellingham. Henderson and Brenner defended their action in attending the
10 conference by saying there were 30 sponsors and many of them environmental groups.
11 Kenneth Bridges, 4016 Toad Lake Road (AB92 -106): Against the funding of the county
12 wide flood district. He said this is not an object of money but an object of fairness. There will
13 be a referendum on this and it will frustrate the current efforts.
14 Jean Westgate, Friends of Sumas Mountain (AB92 -003): Her group has had to educate
15 itself on the process and forest practices. She is concerned about the permit being decided. She
16 disputed the make -up of the ID team with no -one representing the fisheries, or tribes. Her group
i7 was not allowed to be represented in the ID team so hired two well known geologists Dr.
18 Easterbrook and Dr. Babcock, and walked it themselves. They found instabilities in 15 minutes
19 what the Inter- Disciplinary (ID) team could not find. They strongly believe this site is in danger
20 if forestry activity continues.
21 Harry Skinner, 6600 Goodwin Road (AB92 -003): He distributed a letter and requested
22 a SEPA review be carried out. He asked the Council to send a letter to the Department of
23 Natural Resources (DNR) to do a checklist.
24 Kurt Dessauer, PO Box 5274, Bellingham (AB92 -052): Spoke in favor of barrier free
25 accessibility. He said he does not seem to be able to get responses from the Building and Codes
26 Department. Several new facilities in Whatcom County do not comply. Ws Council continues
27 to meet in a facility that does not meet the State's mandates. He hopes no member of the
28 Council becomes disabled.
29 Steve DeBolt, 5203 Drayton Harbor Road (AB92- 062A): He is against this being put on
30 an addendum because the information is incomplete and inaccurate. He feels resentful that
31 Beacon Hill has been allowed to go outside the batching process. He said it will be appealed.
32 Martin Keeley, 610 South Beach Road (AB92 -177): Read for the record information
33 stating that a major development is being considered south of the golf course by Gammon
Minutes, 4/14/92, Page 4
1 International. He said a site plan had been obtained for a minor adjustment in drainage but
2 when he came back from vacation there was a 1500 feet clearing for drainage which is not minor.
3 Engineering, Building and Code and the Fire Marshall were not aware of a Heron Rookery in
4 the area.
5 Frank Winslow, 433 17th Street (AB92 -133): Concerned about the representation on the
6 Council on Aging. -
7 Fred Miller, 3324 North Shore Road' - (AB91- 129A): Status Report of Watershed
8 Management Report. He said there are new trends in the watershed that need to be reviewed.
9 He said the Council does have some options in forestry issues. He is concerned about when the
10 subarea plan will be addressed. Brenner asked Miller to bring forth any information he has on
11 groundwater monitoring.
12 Ken Ryan, 7098 Good_ win Road (AB92 -003): Friends of Sumas Mountain. He said his is
13 not a wealthy community; he recommends the Council listen to the findings of the two
14 independent geologists. If the County will not get in on this, the Department of Natural
15 Resources will hide-under a blanket of regulations. About thirty people stood to support him.
16 Judy Sterling, 3015 Fawn Crescent Drive (AB92- 062A): She is concerned about the
17 Beacon Group getting on the agenda as an introduction. She worked very hard to keep this out
18 of the hands of Blaine but now it is going ahead very quickly under the County. When this was
19 fast- tracked she wonders if she has no chance to appeal. Laidlaw explained there was no appeal
20 to the Planning Commission recommendation as it is not a final decision just a recommendation.
21 Warner said there will be lots of opportunity for public input.
22 Open Session was closed.
23 Henderson said there are conflicting opinions on the results of the Sumas Mountain issue.
24 Goldthorp of Engineering was part of the ID team. He said that serpentine formations could
25 constitute a risk factor but is not aware of how much. He said the Friends of Sumas Mountain
26 want the Council to ask DNR to complete a SEPA checklist.
27 Randy Watts, Chief Civil Deputy Prosecutor, said 76.09.050 states if the County believes
28 actions to be inconsistent, a written appeal could be made to DNR.
29 Items discussed were: liabilities of requesting of DNR to complete a SEPA checklist;
30 Harris spoke of asking that this be a Class IV Special. If this is turned down the application could
31 be appealed.
32 LAIDLAW MOVED TO HAVE THE COUNCIL DIRECT THE CHAIR TO
33 FORWARD THE CONCERNS OF CITIZENS TO DNR REGARDING THE SUMAS
34 MOUNTAIN/TAT PERMIT, AND ASK DNR TO CONSIDER THE NEW INFORMATION
35 FROM MESSRS. BABCOCK AND EASTERBROOK, TO CONSIDER REDESIGNATING
Minutes, 4/14/92, Page 5
1 THE SITE TO AT LEAST CLASS IV, AND TO CONSIDER EVOKING THE SEPA
2 PROCESS. COUNTY COUNCIL MAY, ONCE AGAIN, CONSIDER AN APPEAL.
3 The motion carried unanimously.
4 Warner said a new ramp was constructed to address Dessaurer' request. He responded
5 to Bridges stating that everyone who has a roof that deflects water, has a business whose
6 customers use the roads, etc., will benefit from the county -wide flood funding.
7 Henderson said the Friends of Sumas Mountain need to be in constant contact with DNR
8 to keep them informed.
9 HEARINGS
10 1. GROWTH MANAGEMENTACT: ORDINANCE AMENDING THE COUNTY
11 COMPREHENSIVE PLAN TO CLASSIFY, DESIGNATE, AND PROTECT
12 MINERAL RESOURCE LAND ON AN INTERIM BASIS (PLANNING FILE
13 REF. 14 -91 CZM) (AB92 -100)
14 2. GROWTH MANAGEMENT ACT: ORDINANCE AMENDING THE OFFICIAL
15 ZONING ORDINANCE, TITLE 20, CREATING TWO NEW SECTIONS: WHATCOM
16 COUNTY CODE .20.73, MINERAL RESOURCE AREAS (1) SPECIAL DISTRICT,
17 (MRA -1); AND WCC 20.74, MINERAL RESOURCE AREAS (2) SPECIAL DISTRICT
18 (MRA -2) (PLANNING Fap- REF. 14-91 czn) (AB92-105)
19 Jeff Griffin, Planning Department, said he is actually doing a presentation of both 1 and
20 2. and suggested these be joined as one hearing. The Council concurred.
21 The Planning department has decided it needs to have more time to study the MRAI and MRA2
22 areas. He said the regulatory impact on MRA1 is that the land in this area could have permanent
23 buildings erected. It would be 20 acres for a home or 40 if it is in agricultural land. MRA2s have
24 no regulatory impact and Planning suggests that Council put some teeth in this by requiring plat
25 notification or a restriction of lot sizes. He distributed a corrected map 11.
26 Items discussed were: requirements of GMA; amount of MRAls in. agricultural or rural
27 designation; area classification criteria being classed on environmental, economic and existing
28 land -use; methods of classification; land -use impacts.
29 Comments were made by: Henderson; Griffin; Harris.
30 Warner said the written testimony will be accepted for two weeks.
31 The public hearing was opened.
32 Evelyn Nolte, 2150 Van Dyck Road: We were here first and should not be affected. She
33 said their water has been affected because of the drainage from the mining. She said there should
Minutes, 4/14/92, Page 6
1 be a water report before proceeding. The DNR needs regulations. She mentioned that mining
2 groups have a vested interest. Warner said it means they have a right to this land.
3 Fred Nowicke, 3341 Berg Road: He said that all these maps show MR .1 designations
4 adjacent to MRA2s with extensions to the mining operation. He noted that on page 7 there are
5 no mining sites. He said these were all agricultural lands and we will need to retain agricultural
6 land in the next fifty years. He said the gravel pits will be a big appalachia.
7 Sage Waters, 710 E. 3rd: How can"we plan for-fifty years when we are selling to Canada
8 in the free trade. Designation of mining is not a protection of the resource.
9 Paige Shumway, 7845 Noon Road: Filed a minority report for the Planning Commission.
10 She is opposed to these designation. Other alternative designations were not reviewed. She said
11 map overlays are critical to making decisions on these areas. She also mentioned transportation
12 areas, the amount of gravel needed, lack of discussion on alternative substances, setbacks, and
13 reclamation of the pits. Please send this portion of the Growth Management Act back to the
14 Planning Commission for more careful consideration. She said she, Fogelsong and Ernst are
15 opposed to mining in agricultural land.
16 Maggie Marceau, 392 E. Axton Road: She said she has three and a half years of hell living
17 next to a gravel pit so she has put her house on the market. Her neighbor has already sold.
18 Gravel pits do not belong in ag zones.
19 Robert Grenzow, 3047 Halverstick Road: Six and a half years working in the gravel area,
20 he sees little or no reclamation, consideration of the neighbors or regulations. The City of Sumas
21 supplies a lot of the water, The aquifer is suffering from mining. Once a pit is in it is easy to
22 enlarge it and the devastation is alarming. Please do not designate land north of the Halverstick
23 Road in this designation. Right to mine versus right to live. Warner said DNR controls the
24 reclamation. A bill was held in committee that would have protected the landowners. Legislative
25 toll free hotline 1800 562 -6000.
26 Cynthia Dahlstrom, 120 Poplar Drive, Everson: On behalf of the residents of Alm Hill
27 in Everson they have gathered many signatures saying they do not want to be designated an MRA
28 area. She said there would be decreased quality of life due to trucks, steep cliffs, pollutants, and
29 damaged aquifers. Please think of the residents of Alm Hill before designating this as a mineral
30 resource area.
31 Evelyn Patience, 9715 Van Buren Road: She is going to be surrounded by gravel pits and
32. has had no notification. They have a nursery but grow flowers that require very little water. If
33 the water dries up who is responsible. The land is wonderful and can grow anything and
34 reclamation does not restore it.
35 Bob Mitchell, 415 Garfield, Sumas: Do not designate the Halverstick area as an MRA2
36 area. He objects to the increased traffic when the gravel is taken to Canada. He urged the
Minutes, 4/14/92, Page 7
1 County to take the lead and start mining from the Nooksack River. That would not leave scars
2 on the ground.
3 Mary Sweeney, 3079 Halverstick Road: She will be impacted as her land is in the area and
4 she also was not notified. She urged the Council to take its time in making any decision. The
5 roads are not built for this; it is a sole source aquifer that is particularly vulnerable. Removing
6 the soil makes it less productive when replaced. This land is too valuable to be torn apart.
7 Phyllis Kronenberg, Everson: Although she is part of an advisory committee she is
8 speaking as a citizen and says she does not agree that minerals should be considered more
9 valuable than agricultural. She does not agree that 12 cubic yards of gravel per person will be
10 needed. The need for aggregate should decrease in the future. She also asked that the
11 Halverstick area not be designated a mineral area.
12 Binda Colebrook, 3560 Alm Road: Agrees with the minority position of the Planning
13 Commission. In particular the Nooksack school district has an inordinate amount of MRA1 and
14 MRA2 designations. When the biological area is debased the social base is debased as well. She
15 said she does want the area turned into a slum and this should be looked at again.
16 Glenn Terpstra, 3222 Halverstick Road: He has lived there for thirty years. He has a
17 parcel next to the Canadian border which he would now like to sell. He has reclaimed land and
18 it can be done successfully.
19 Georganna Webster, 7102 Goodwin Road: This is a complicated issue and she feels sorry
20 for the Council having to deal with this. There is nothing the county can do with the pits in place
21 so it needs to deal with these on a case by case basis. People have raised lots of questions and
22 there needs to be a balance between GMA and the economic base.
23 Alvin Starkenburg, 7416 Hannegan Road: In the sand and gravel business serving the
24 residents of Whatcom County. Urged the Council to consider this as it is less than 3 percent of
25 the land. He said he supplies dairies with aggregates for maintenance. Many new dairies have
26 started and they needed aggregates. He also serves a new veteranarian complex, a haying outfit;
27 so the agricultural land does use a good portion of the aggregates.
28 Ben Craft, 3550 Alm Road: He disagrees that ag land is most important; he says the water
29 is the most important thing. Mines extend into the water table and we will be running out of
30 water in a very few years. Open pit mining is ruining what little water we have. Ag land is
31 important but first of all we need to protect our water.
32 Gerald Holmquist, 9821 Holmquist Road: He owns the property adjacent to the Canadian
33 border. He said the water table is changing and the land in question is some of the best land in
34 the Country.
35 Darlyn DelBoca, 7208 Lankhaar Road: She said the intent is to classify, designate and
Minutes, 4/14/92, Page 8
1 protect. She said the County has not looked to our offshore deposits or the forestry lands. She
2 said protection can be achieved by the amount that is designated. She said we need overlays to
3 see what is designated. The basis of the need is exaggerated and the aggregate has been used
4 indiscriminately. This ordinance may sacrifice 2500 acres of arable land that can be used for food
5 production. She urged the Council to be very careful in its decision.
6 The public hearing was closed.
7 Items discussed were: prediction of needwhen Canadian exports are figured in; why can't
8 the gravel be taken from the eastern part of the county; cost to operators; MRA2 doesn't allow
9 mining but is just an acknowledgement of its presence.
10 Comments were made by: Brenner; Henderson; Griffin.
11 This item will be back on the agenda in two weeks.
12 3. ORDINANCE REGARDING THE ANNEXATION OF CERTAIN
13 PROPERTIES NEAR THE WELCOME FIRE STATION TO FIRE DISTRICT
14 NO. 14 (AB91 -200C)
15 Warner explained the issue.
16 The public hearing was opened. Hearing no comment, the hearing was closed.
17 HENDERSON MOVED THIS ORDINANCE BE APPROVED.
18 The motion carried unanimously.
19 4. ORDINANCE CREATING A NO SHOOTING ZONE IN THE EAST LAUREL
20 AREA (AB90 -251)
21 5. ORDINANCE CREATING A NO SHOOTING ZONE IN THE AREA OF
22 NORTH LOOKOUT MOUNTAIN AND LAKE PADDEN- SAMISH WAY
23 AREAS (AB92 -052)
24 6. ORDINANCE REPLACING WHATCOM COUNTY CODE 9.32 REGARDING
25 UNLAWFUL DISCHARGE OF FIREARMS AND BOW AREAS (AB92 -032)
26 Henderson suggested this be left open for public comment for two weeks; this will allow
27 the Council time to study the issue and develop clearer boundaries.
28 The public hearing was opened on items 4, 5, and 6.
29 Ed Bacon, 305 E. Laurel Road: He said he feels like he lives in a war -zone. He and four
Minutes, 4/14/92, Page 9
1 neighbors have had spent shots in their yards. All but one person in the area signed the petition.
2 Robert Grenzow, 305 Halverstick Road: There is an abandoned gravel pit next to him and
3 there is a great deal of shooting. Who has the liability for accidents? Law enforcement officers
4 do practice shooting there.
5 Mark Newton, 323 E. Laurel Road: He has been shooting there for twelve years and there
6 has been no problem. He defended his right to shoot.
7 Scott Newton, 323 E. Laurel Road: Against the petition. The majority of the names are
8 in a dense housing area. Those people have a concern but the rest of the area should not suffer
9 because of it.
10 Brian Martinson, 6767 Northwest Road: He has spent a lot of time in this area and is
11 against this ordinance.
12 Rollo Van Slyke, 386 E. Laurel Road: His driveway is close to the Guide. He said he
13 shoots responsibily and moved there to be able to shoot on his own property. He is opposed to
14 this ordinance.
15 Travis Howard, 6968 Dahlberg Road: Opposed to this ordinance.
16 A.J. Gould, 190 W. Lake Samish: He is against the no- shooting zone but thinks there
17 should be areas set aside where people can shoot. There should be better descriptions showing
18 roads of the area. He thinks 60 percent of the people in an area should sign a petition. He said
19 taking a family to the rifle range was quite costly.
20 Ken Snyder, 1552 E. Hemmi Road: Belongs to archery and shooting clubs. He learned
21 to shoot from his father and has taught his children to shoot responsibly. He is against this
22 ordinance.
23 The public hearing was closed but written testimony will be accepted for two weeks.
24 7. ORDINANCE REGARDING THE MATTER OF ESTABLISHING PARKING
25 CONTROL ON LAKEWAY DRIVE (AB92 -144)
26 Jeff Monsen, County Traffic Engineer, explained this issue.
27 The public hearing was opened. Hearing no comment, the public hearing was closed.
28 IMHOF MOVED APPROVAL OF THIS ORDINANCE.
29 Vander Yacht asked if residents would be inconvenienced; Monsen said it perhaps would
30 but he had not spoken to them. Laidlaw asked if coordination with the City of Bellingham was
Minutes, 4/14/92, Page 10
1 needed; Monsen said he felt it was not needed.
2 The ordinance was unanimously adopted.
3 8. RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED BY
4 TAX FORECLOSURE, REQUEST NO. 69 (AB92 -126A)
5 The public hearing was opened and closed.
6 LAIDLAW MOVED APPROVAL OF THIS RESOLUTION.
7 The motion was unanimously carved.
8 9. RESOLUTION FOR A PLANNING ONLY GRANT APPLICATION FOR
9 INCLUSION OF A HOUSING ELEMENT IN THE WHATCOM COUNTY
10 COMPREHENSIVE PLAN AND LOW /MODERATE INCOME HOUSING
11 DATA DEVELOPMENT (AB92 -151)
12 Harris explained this issue. This would be a grant to be used in the County and in Blaine.
13 The application became more and more complex so it is the disappointing decision that this
14 application is being withdrawn.
15 Gordon Rogers, Temporary employee of the Planning Department: There are letters of
16 support for the application and it is 80 percent complete. This would be used to complete a
17 housing unit for the County. There were problems with the resolution wording and would have
18 to be changed. A funding alternative seems more attractive and a suggestion was put forth in a
19 memo from Diane Harper, Senior Planner.
20 Warner said he would write a memo to Diane Harper suggesting she put this forth to the
21 Executive.
22 There are real problems with this issue and it is being withdrawn.
23 The County Council recessed and convened as the County -wide Flood Control Zone
24 District Board of Supervisors.
25 RESOLUTION ADOPTING FUNDING MECHANISM FOR COUNTY -WIDE
26 FLOOD CONTROL ZONE DISTRICT AND AUTHORIZATION FOR
27 COLLECTION OF CHARGES (AB92 -106)
28 IMHOF MOVED TO ADOPT THE RESOLUTION.
Fig Is MD. ftlp '' N N
Minutes, 4/14/92, Page 11
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5 The amendment carried unanimously.
6 WARNER MOVED TO AMEND BY ADDING NEW LANGUAGE TO PAGE 2,
7 AFTER LINE 11: BE IT FURTHER RESOLVED THAT RECOGNIZING THAT THEIR
8 MEMBERS BENEFIT TOO FROM FLOOD MITIGATION MEASURES BUT ARE NOT
9 SUBJECT TO THE FLOOD FEE, THE ADMINISTRATION IS REQUESTED TO REQUEST
10 FROM THE INDIAN NATIONS AN APPROPRIATE CONTRIBUTION TO THE FUND
11 HEREIN.
12 LAIDLAW MOVED AN AMENDMENT TO WARNER'S AMENDMENT TO
13 CHANGE THE WORD FEE TO CHARGE.
14 Warner accepted this as a friendly amendment.
15 The motion carried unanimously.
16 Watts said the Council as the District Board of Supervisors should set the rates.
17 WARNER MOVED TO AMEND BY ADDING NEW LANGUAGE TO PAGE 2,
18 AFTER LINE 11: BE IT FURTHER RESOLVED THAT A PORTION OF THE FUND
19 COLLECTED FROM THIS FUNDING MECHANISM SHALL BE EXPENDED ON FLOOD
20 CONTROL AND MITIGATION FOR AREAS WITHIN WHATCOM COUNTY BUT
21 OUTSIDE THE NOOKSACK RIVER BASIN. THE ADMINISTRATION IS REQUESTED
22 TO WORK WITH REPRESENTATIVES FROM SUCH AREAS TO DEVELOP AN
23 APPROPRIATE ALLOCATION FORMULA WHICH MAY TAKE INTO CONSIDERATION
24 CONTRIBUTIONS AND BENEFITS AND BRING THE FORMULA TO BE APPROVED BY
25 THE BOARD.
26 The motion carried unanimously.
Minutes, 4/14/92, Page 12
1
2
3
4
5
declared... responsible for
6 HENDERSON MOVED THE. AMENDMENTS ON SUBSTITUTE PAGE SIX LISTED
7 ABOVE BE APPROVED.
8 The motion carried unanimously.
9 Brenner suggested assessing $10 per parcel, the County to borrow the rest, and targeting
10 what has to be done immediately.
11 SHE SO MOVED.
12 Items discussed were: shortchanging the program; hardship would be the same in both
13 programs; method of borrowing; benefits; difference of Council and Board of Supervisor's ability
14 to borrow; appearance of fairness.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Comments were made by: Henderson; Harris; Warner; Woods; Laidlaw.
The motion failed 6 -1 with Brenner voting for.
There was a five minute recess. 10:45 p.m.
There was discussion among Brenner, Laidlaw, Warner, and Imhof about the funding.
. IMHOF MOVED'
AS FOLLOWS:
Parcel Value
$ 0- 2,500
$ 2,500 - 10,000
$ 103,000- 30,000
$30,000- 50,000
$50,000- 75,000
$ 75,000 - 100,000
$100,000 - 125,000
$125,000 - 150,000
$150,000 - 200,000
$200,000 - 400,000
$400,000 +
CO ACCEPT THE LAIDLAW SUBSTITUTE FUNDING NUMBERS
Charge
$ 0
$ 5
$ 7
$ 20
$ 30
$ 40
$ 50
$ 65
$ 80
$ 90
$100
The motion carried 6 -0 with Brenner abstaining.
Minutes, 4/14/92, Page 13
1 Vander Yacht said he is concerned about the misunderstanding a lot of people have in that
2 they do not understand their civic duty beyond what is to their immediate benefit. He
3 recommends not borrowing against this as there may be a challenge.
4 Henderson said it is important to make it known that residents throughout the county will
5 benefit to different degrees.
6 Warner said he'd draft a letter to community groups noting the benefits that will come
7 from this action.
8 Brenner mentioned investigating to see if residents. could work off this charge.
9 The motion to adopt the amended resolution carried unanimously.
10 Warner offered thanks to Fred Nowicke, Linda Irvin, Shirley Van Zanten, the Engineering
11 office, the advisory committee, the Council staff as well as the County` Council members for all
12 the work on this ordinance.
13 The Flood Control Zone District Board of Supervisors adjourned and reconvened as the
14 Council.
15 OTHER ITEMS
16 1. RESOLUTION TO ESTABLISH POLICY AND STAFF ORGANIZATION FOR
17 THE STUDY OF AND IMPLEMENTATION OF A COUNTY SATELLITE
18 WATER MANAGEMENT PLAN (AB91 -112B)
19 This item was withdrawn.
20 2. REQUEST FOR AWARD OF BID FOR WHATCOM COUNTY'S OFFICIAL
21 NEWSPAPER (AB92 -051A)
22 Laidlaw reported for Finance and recommended approval of the Bellingham Herald.
23 SHE SO MOVED.
24 The motion carried unanimously.
25 3. ORDINANCE TO REVISE THE 1992 COUNTY DRUG FUND,
26 PROSECUTING ATTORNEY AND CURRENT EXPENSE PROSECUTING
27 ATTORNEY BUDGETS THEREIN (AB92 -077)
28 Laidlaw reported for Finance and recommended approval.
29 SHE SO MOVED.
30 LAIDLAW MOVED AN AMENDMENT TO ADD THE FOLLOWING SECTION: BE
Minutes, 4/14/92, Page 14
1 IT FINALLY ORDAINED, THAT THIS POSITION SHALL BE CONTINUED ONLY SO
2 LONG AS SUFFICIENT FUNDING IS AVAILABLE IN THE AFOREMENTIONED
3 COUNTY DRUG FUND.
4 The motion to amend carried unanimously.
5 The motion to adopt the amended ordinance carried 6 -1 with Brenner against.
6 4. ORDINANCE TO REVISE CHAPTER 3.08 OF THE WHATCOM COUNTY
7 CODE THAT ESTABLISHES THE PURCHASING DEPARTMENT (AB92 -129)
8 (FINANCE)
9 Laidlaw reported for Finance and recommended approval.
10 SHE SO MOVED.
11 1. LAIDLAW MOVED AN AMENDMENT ON PAGE 207, LINE 4, ADD AFTER
12 DEPARTMENT THE WORDS
13 OF THE COUNTY.
14 The motion carried unanimously.
15 2. LAIDLAW MOVED AN AMENDMENT ON PAGE 208, LINES 41 AND 42, HAVING
16 READ AS FOLLOWS... SHALL BE RESPONSIBLE FOR THE PRE-AkRA-UON -RPM
17 A A€P >. : OF SPECIFICATIONS AND 7. 1E ; ' INVITATIONS TO
18 BID PURSUANT...
19 The motion carried unanimously.
25 COUNCIL APPROVAL.
26 The motion carried unanimously.
27 4. LAIDLAW MOVED THE FOLLOWING AMENDMENT ON PAGE 209, LINE 11,
28 THAT ANY BID OR FROPOSAN OR CONTRACT FOR PROFESSIONAL SERVICES
29 EXCEEDING TWENTY TW THOUSAND DOLLARS SHALL...
30 The motion carried unanimously.
Minutes, 4/14/92, Page 15
1 5. LAIDLAW MOVED THE FOLLOWING AMENDMENT ON PAGE 209, LINE 55, ...BE
2
SOLE SOURCE :<:.<.:; ...
3 The motion carried unanimously.
4 6. LAIDLAW MOVED THE FOLLOWING AMENDMENT TO ADD ON PAGE 209,
5 LINE 579 A NEW SECTION G. ANY REAL PROPERTY LEASES MUST BE SUBMITTED
6 TO THE COUNTY COUNCIL FOR APPROVAL.
7 The motion carried unanimously.
8 7. LAIDLAW MOVED THE FOLLOWING AMENDMENT TO ADD A NEW SECTION
9 ON PAGE 210, 3.08.181 BID SPECIFICATIONS. IN DEVELOPING SPECIFICATIONS FOR
10 BIDS OR PROPOSALS, ALL REASONABLE EFFORTS SHALL BE MADE TO ENSURE
11 THAT A VARIETY OF VENDORS SHALL BE CAPABLE OF FULFILLING THE STATED
12 REQUIREMENTS OF THE COUNTY. PERFORMANCE CONSIDERATIONS SHALL BE
13 INCLUDED IN THE SPECIFICATIONS. HOWEVER, NOTHING IN THIS SECTION
14 SHOULD BE CONSTRUED TO LIMIT THE COUNTY FROM PURSUING SOLE SOURCE
15 PROCUREMENT WHERE ADEQUATE JUSTIFICATION HAS BEEN PRESENTED THAT
16 SUCH PROCUREMENT IS IN THE BEST INTEREST OF COUNTY OPERATIONS.
17 The motion was carried unanimously.
18 8. WARNER MOVED TO ADD TO THE LAIDLAW AMENDMENT 4 ON THE
..:::......................
19 ORIGINAL LINES 10 AND 11, ...EXCEEDING TEN THOUSAND DOLLARS,..........- OR
.... ::.................:...... :......... v ........................ ................................... ;:.. ; ........ :.;............ .:.:.:......;........:....;:.;. ;.:.....;. ......... :.:......:............ .
20 EXET�INe: Z' W: EN: �` ��:: ::: <TH��.T�AN.D >:_:<.::DOLLA.RS SHALL BE
21 SUBMITTED TO COUNCIL...AND 1
22 `` T4 OR MORE,...
23 The motion carried with Imhof, Laidlaw and Brenner opposed.
24 The motion to adopt the amended ordinance carried unanimously.
25 5. RESOLUTION ADOPTING THE 1991 UPDATE OF THE WHATCOM
26 COUNTY SHORELINE MANAGEMENT PROGRAM AND REFERRING IT
27 TO THE DEPARTMENT OF ECOLOGY FOR FINAL APPROVAL (AB91 -347)
28 (REVIEW OF PUBLIC COMMENTS AND POSSIBLE ACTION; ALSO
29 SCHEDULED FOR SPECIAL MEETING 4/13, SO MAY BE WITHDRAWN)
30 This issue was withdrawn.
31 6. DISCUSSION /RECOMMENDATION RE REVISIONS TO BIDDING PROCESS
32 (COUNCIL OPERATIONS MEMO) (AB92 -113)
Minutes, 4/14/92, Page 16
LAIDLAW MOVED THE COUNCIL NOT APPROVE A CONSENT AGENDA.
2 The motion carried unanimously.
3 INTRODUCTION
4 1. ORDINANCE RENAMING THE LARRY MOUNT REVOLVING FUND TO
5 THE COUNTY SHERIFF REVOLVING FUND (AB92 -166) (FINANCE)
6 2. RECEIPT OF PETITION FOR VACATION OF PORTIONS OF COUNTY
7 ROADS KNOWN AS PINE, CEDAR, FIR, D, AND BASS STREETS, FILED BY
8 CHARLOTTE PRINCE (AB92 -153) (HEARING TO BE SCHEDULED;
9 POSSIBLE REFERRAL TO PUBLIC SERVICES)
10 3. ORDINANCE REDUCING THE SPEED LIMIT ON HAX'TON. WAY (AB92-
11 167) (HEARING TO BE SCHEDULED, THEN POSSIBLE REFERRAL TO
12 PUBLIC SERVICES)
13 4. ORDINANCE CLOSING LUMMI SHORE ROAD TO ALL TRAFFIC (AB92-
14 168) (HEARING TO BE SCHEDULED, THEN POSSIBLE REFERRAL TO
15 PUBLIC SERVICES)
16 5. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON
17 ADMINISTRATIVE APPEAL 5 -92, FILED BY B.T. BARLEAN (AB92 -173)
18 (PLACED ON FILE PENDING RECEIPT OF TRANSCRIPT)
19 ADDENDUM
20 6. ORDINANCE AMENDING THE BIRCH BAY - BLAINE SUBAREA
21 COMPREHENSIVE PLAN MAP FOR 44 ACRES OF A 146 -ACRE PARCEL BY
22 CHANGING 14 ACRES FROM URBAN RESERVE TO COMMERCIAL -
23 RESORT AND 30 ACRES FROM URBAN RESERVE TO LIGHT
24 INDUSTRIAL PARK; AND SIMILARLY AMENDING THE OFFICIAL
25 ZONING MAP SUBJECT TO A CONCOMITANT AGREEMENT AFFECTING
26 THESE 44 ACRES WHICH ARE LOCATED NORTH OF BIRCH POINT
27 ROAD IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 40
28 NORTH, RANGE 1 WEST (AB92 -062A)
29 7. ORDINANCE REGARDING THE ANNEXATION OF CERTAIN
30 PROPERTIES NEAR SILVER LAKE INTO FIRE PROTECTION DISTRICT 14
31 (AB92 -200D)
32 Items 1 -7 were introduced and will be forwarded for the appropriate action.
Minutes, 4/14/92, Page 17
1 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
2 American Planning Association Conference: Henderson reminded the members of the
3 luncheon with the Governor on Friday.
4 Letter to Legislators (DW file): Henderson said the draft letter to the state legislators
5 drafted by Woods was fine with a few minor ' changes. It was decided to send it on to other
6 entities. Henderson said he wanted local control to shut down an illegal operation. Laidlaw
7 expressed concern over wording in the last lin6 regarding local money versus state money for
8 DNR. Warner said he would reword the last line. Vander Yacht said it should say may instead
9 of does. Woods said and Council concurred that the last line could be "power and state funding"
10 instead of "power and resources."
11 IMHOF MOVED WE SEND THE LETTER OUT WHEN REWORDED.
12 The motion carried unanimously.
13 Balance from Critical Areas Ordinance Mailer budget (AB92 -058): Laidlaw said there is
14 an unspent balance of $1007.
15 LAIDLAW MOVED $500 BE TRANSFERRED INTO THE EXTRA HELP LINE ITEM
16 AND THE REST STAY IN THE PRINTING BUDGET.
17 The motion carried unanimously.
18 Transit Conference: Laidlaw said she would be handing out information from the
19 conference she attended in California at the Transit Conference at WTA expense.
20 WSAC Meeting in Oak Harbor: Laidlaw said Whatcom County got lots of kudos on what
21 is being done in Growth Management.
22 Affordable Housing Trip: There is a free trip to Vancouver on affordable housing; Dan
23 Taylor is unable to use his ticket.
24 Water Resources: Harris said he is happy with the responses he has had on this issue.
25 The meeting adjourned at 11:40 p.m.
26 WHATCOM COUNTY COUNCIL
27 ATTEST: WHATCOM COUNTY, WASHINGTON
28 1 tA�
29 Barbara Maher, Depu Clerk
G
Daniel M. Warner, Ch ' an
Minutes, 4/14/92, Page 18