HomeMy WebLinkAboutCounty Council December 17 1992WHATCOM COUNTY COUNCIL
Regular Meeting
December 17, 1992
The meeting was called to order at 6 p.m. in the Council Chambers, 1000 N. Forest
St., 2nd floor, by Dan Warner, Chairman.
Also present: Absent:
Barbara Brenner None
Larry Harris
Ken Henderson
Bob Imhof
Marge Laidlaw
Dennis Vander Yacht
The Council decided to take the reorganization issue (AB92 -391B) first. The Cowden
gravel issue (AB92 -311B) was taken second, and the Sumas Mountain issue (AB92 -003) was
taken third.
READING AND APPROVAL OF MINUTES
The minutes for October 6, .1992, and November 10, 1992, were approved as
presented.
EXECUTIVE ITEMS
1. BID AWARD RECOMMENDATION FOR CONSTRUCTION OF A
CHEMICAL EQUIPMENT STORAGE BUILDING AT THE CENTRAL
SHOP FACILITY TO THE LOW BIDDER, IMPERO CONSTRUCTION
COMPANY FOR $75,319.86 INCLUDING TAXES (AB92 -474)
Laidlaw reported for Finance and recommended approval.
SHE SO MOVED.
Brenner asked to make a friendly amendment to the motion. She asked to table
until other bids can be looked into.
Laidlaw explained the bid process and Brenner withdrew her friendly'amendment.
The motion carried unanimously.
2. BID AWARD FOR THE PURCHASE AND REFURBISHING OF
FURNITURE FOR THE COURTHOUSE ADDITION /REMODEL TO
BANK AND OFFICE INTERIORS (ON THE APPROVED STATE
CONTRACT LIST, #111 -87) FOR $336,849.52 (AB92 -475)
Laidlaw reported for Finance and stated that the Administration withdrew this
request.
3. REQUEST TO WAIVE REQUEST FOR QUALIFICATIONS
PROCEDURE AND ENTER INTO AN AGREEMENT WITH SIERRA
SYSTEMS CONSULTANTS, INC., FOR PAYROLL /HUMAN
RESOURCES IMPLEMENTATION ASSISTANCE (AB92 -476)
Laidlaw reported for Finance and recommended approval.
SHE SO MOVED.
The motion carried unanimously.
4. REQUEST FOR AUTHORIZATION TO ENTER INTO CONTRACTS
FOR CONFLICT INDIGENT CRIMINAL DEFENSE WITH WALKER,
KAMRAR, ELICH, FOLLIS, PAGE, HEYDRICH, NELSON & MOODY
FOR $60,000, AND FOR GUARDIAN AD LITEM SERVICES WITH
WHATCOM GUARDIAN AD LITEM SERVICES FOR $168,000 (AB92-
477)
Laidlaw reported for Finance and recommended approval.
SHE SO MOVED.
The motion carried unanimously.
5. REQUEST FOR AUTHORIZATION TO ENTER INTO AN
AGREEMENT WITH COUNTY CONSTRUCTION RECYCLERS FOR A
REUSABLE MATERIAL EXCHANGE FACILITY FOR $20,000 (AB92-
478)
Laidlaw reported for Finance and recommended approval.
SHE SO MOVED.
The motion carried unanimously.
6. EXECUTIVE'S REPORT
There was no Executive's Report.
OPEN SESSION
Mary Cutbill, 1032 Geneva St.: Spoke to the Critical Areas Ordinance. She stated
that a conservative estimate of the support for the CAO is over 6,000. One of the prime
concerns of those supporting the CAO is preservation of our area's natural resources and
Council Minutes, 12117192, Page 2
1 beauty. She handed out to the Council Members a packet containing documentation of
2 support (on file AB92- 058E).
3
4 Beverly Gibson, 409 York St.: She reminded Council of the Youth Coalition Petition
5 which was turned in last week and urged the Council to keep nudity out of County parks
6 (AB92- 406A).
7
8 Barbara Vaughn, Lake Samish resident: Spoke to the resolution in support of the
9 exchange of forest land. She said that she is very much in favor of the exchange, but asks
10 that the Council reconsider the trade of the 700 acres near Lookout Mountain which are
11 located at the headwaters of Finney Creek. Trillium ownership of land above Lake Samish
12 could be detrimental to the owners around the lake. (AB92 -195).
13
14 Rick Fackler, 320 S. Garden St.: Urged Council to support the resolution about the
15 exchange of forest land with Trillium. He said he felt this was an excellent opportunity for
16 the people of Whatcom County and exceptional in terms of the groups working together
17 (AB92 -195).
18
19 Chris Moench, 1896 Yew Street Rd.: He said she personally supports the exchange,
20 and .so does the Whatcom Land Trust whom he represents. Urged Council to support
21 unanimously (AB92 -195).
22
23 Sigurd Hanson, 1901 Eldridge: Spoke against the nudity ordinance and quoted from
24 the Bible (AB92- 406A).
'5
26 Dallas Smeton ( ?): Asked if there was an ordinance in Whatcom County that
27 addresses undressing in your own back yard. Watts stated that as long as there not frontal
28 alarm. She said there's something schizophrenic about a group saying that someone can be
29 nude on a public beach but not in their own back yard (AB92- 406A).
30
31 Paul Johnson, 30 Greene Point: Spoke to the resolution regarding the forestry land
32 swap. He said that the residents of Lake Samish are very worried about the land around
33 Lookout Mountain. The rapid runoff from the watershed on this site has caused
34 considerable flooding in the Lake Samish area (AB92 -195).
35
36 Ann Smith, Bellingham: Against allowing nudity at Teddy Bear Cove. She
37 "disrobed" for the Council and showed off her nudity costume.
38
39 Fred Miller, 3229 North Shore Rd.: Said he supports the land swap and wanted to
40 express his thanks to those who put in all the work that made it happen. This action shows
41 vision and planning. He suggested that Council support all staff efforts as an equal partner
42 in the plan and that opportunities are made to provide citizen input into the formation of
43 the plan itself (AB92 -195).
44
45 Gary Gilfllen, 4265 King Ave.: Spoke to the Teddy Bear Cove ordinance. He
46 reminded the Council of the history of nudity at the beach, of the lack of problems at the
:7
Council Minutes, 12117192 Page 3
1 beach, of its inaccessibility. He requested that the clothing optional designation remain
2 (AB92 -406A)
3
4 Beverly Gunderson, Bellingham: Spoke against the Teddy Bear Cove ordinance. She
5 stated that if nudity is allowed at Teddy Bear Cove, it would be allowed elsewhere (AB92-
6 406A).
7
8 Hearing no one else, Warner closed the Open Session.
9
10 OTHER ITEMS
11
12 1. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON A
13 PRELIMINARY PLAT, "BELLAIRE ESTATES," PLS91 -6, FILED BY
14 JOHN GILLIES, ET. AL. (AB92 -372)
15
16 2. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON A
17 PRELIMINARY PLAT, "BELLAIRE ESTATES," PLS91 -6, FILED BY
18 COUNTY ENGINEER ED HENKEN (AB92 -372A)
19
20 HARRIS MOVED THAT THE TWO APPEALS BE COMBINED AND
21 REMANDED BACK TO THE HEARING EXAMINER FOR ONE AMENDMENT AND
22 TWO POINTS OF ADDITIONAL INFORMATION TO WIT: TO AMEND CONDITION
23 3 TO REFLECT THE OPINION OF THE COUNTY ENGINEER; TO PROVIDE
24 . ' ADDITIONAL INFORMATION AS TO WHETHER OR NOT FERNDALE WILL
'5 AUTHORIZE EXTENSION OF THEIR SEWER SYSTEM IF BELLAIRE IS BUILT TO
26 WHATCOM COUNTY DEVELOPMENT STANDARDS; AND DETERMINE IF
27 WHATCOM COUNTY CODE CHAPTER 20.80 AND SUPPLEMENTARY CHAPTER
28 SUFFICIENTLY. DEFINES REQUIREMENTS FOR PARKS, OPEN SPACE, AND
29 PLAYGROUNDS.
30
31 There was discussion on the motion and the results of the specific wording.
32
33 Henderson stated that the remand for reconsideration is not necessary.
34
35 There was discussion on Henderson's statement.
36
37 Warner stated that he will vote against the motion because he feels that the Hearing
38 Examiner's decision should be overturned.
39
40 BRENNER MOVED TO AMEND THE MOTION TO READ THAT BOTH
41 .APPEALS BE REMANDED FOR CLARIFICATION AND CONSIDERATION OF THE
42 COUNTY ENGINEER'S COMMENTS.
43
44 Harris accepted it as a friendly amendment.
45
46 Motion to remand carried 4 to 2 with Vander Yacht and Warner against.
l7
Council Minutes, 12117192, Page 4
1 3. ORDINANCE ESTABLISHING THE WHATCOM COUNTY
2 INVESTMENT POOL FUND (AB92 -460)
3
4 4. ORDINANCE AMENDING THE 1993 BUDGET OF THE TREASURER'S
5 OFFICE AND TO ESTABLISH THE 1993 BUDGET FOR THE
6 WHATCOM COUNTY INVESTMENT POOL FUND 1993 BUDGET
7 (AB92 -460A)
8
9 Laidlaw reported for Finance and recommended adoption of the ordinance for AB92-
10 460 with the word "fund" deleted from the title and line 20, "as detailed in Exhibits A and
11 B" added to line 20, and Exhibits A and B from AB92 -460 attached to the ordinance with
12 AB92 -460A. Warner suggested moving the amendments, then the ordinance.
13
14 SHE SO MOVED.
15
16 The motion to accept the amendments carried unanimously.
17
18 The motion to adopt the ordinance carried unanimously.
19
20 5. RESOLUTION TO SET A PUBLIC HEARING AND DECLARE
21 COUNTY PROPERTY SURPLUS (NOR -BELL NURSING HOME
22 EQUIPMENT) (AB92 -480)
23
24 Laidlaw reported for Finance and recommended approval.
;5
26 SHE SO MOVED.
27
28 The motion carried unanimously.
29
30 6. ORDINANCE REORGANIZING WHATCOM COUNTY GOVERNMENT
31 THROUGH REPEAL OF CERTAIN EXISTING DEPARTMENT,
32 CREATION OF NEW DEPARTMENTS, AND ESTABLISHMENT OF
33 FUND AND COMMISSION (AB92 -391B)
34
35 This item was taken first. Warner opened the public session.
36
37 Mike Brennen: Expressed his sincere approval for the reorganization. The Chamber
38 of Commerce is concerned with how the reorganization will affect the people who use the
39 system. He encouraged the Council to get public feedback.
40
41 Mary Vanderpol, 1851 Kok Rd., Lynden: Does not agree with the reorganization and
42 feels that due process is not being carried out. He said there has not been enough input
43 from the people affected. He said that restructuring is a good thing at times and the
44 ordinance contains things that could work. He said that ever since the ordinance was
45 introduced, the meetings have always been about implementation, not really about employee
46
47
Council Minutes, 12117192, Page 5
1 feelings. He said that it's not fair to have no public hearings, particularly on this heavily
2 amended ordinance that even the Executive has not seen yet. He asked the Council to wait
3 to vote on this ordinance.
4
5 Ray Weden, Weden Engineering, 199 Grand Ave.: Asked the Council to hold a public
6 hearing before passing the ordinance.
7
8 John Sands, 2409 Franklin: He is a student of organizational government. He said
9 he feels that this reorganization is one of the most important pieces that will be dealt with
10 on the County level in a long time, and it is important to begin with a different agenda. He
11 said his conclusion is that the County government is going through two major changes here,
12 the major implementation of a financial system and all the physical moves. He asked that
13 that the issue be given more time and that the Council and Executive cooperate with each
14 other.
15
16 Art Castle: 1241 Roland: Asked the Council to keep the process open and consult
17 with the users of the system. Be said he believes that there is a "proposal of the day" club
18 here.
19
20 Jim Freeman, 5510 Mt. Baker Highway: He said he was here to echo what Castle
21 said. Please consult the users of the system and delay any formal action until this is done.
22
23 Will Roehl, 2737 Eldridge: Urged the Council to table the ordinance or refer it to
24 the Committee of the Whole. He said that because this is a major change for the County,
25 the impacts will be drastic, so don't rush into it.
26
27 Ray Weden for Don Hansey: Weden read a letter from Haney which stated that
28 Hansey has followed the process with great interest, that the reorganization is not a new
29 idea, and he supports the need for a change. Hansey stated that the separation between the
30 legislative and the executive should be maintained, but that communication between the
31 Executive and the Council is very important. Hansey suggested that the reorganization be
32 studied very carefully to prevent flaws and that a public hearing should be held.
33
34 Hearing no further comment, Warner closed the public hearing on this item.
35
36 WARNER MOVED TO DELAY THE VOTE UNTIL JANUARY 12.
37
38 Brenner spoke against the motion. She stated that she has been denied access to staff
39 for some time and feels that the only way to get proper feed back is to go forth.
40
41 Henderson said that if Council plans to go ahead with the reorganization, it needs
42 to be soon. He said he did not see the ordinance as the final thing; there will be
43 amendments indefinitely.
44
45 Vander Yacht stated that this will only work with everyone's cooperation. He said
46 he believed that this should be moved along as slowly as needed to make it work.
47
Council Minutes, 12117192, Page 6
The motion to delay carried 4 -3.
When this item came up in its normal agenda location, Warner reviewed the input
received by the Council and the meetings held so far. He stated that there had been a lot
of input from the outside, but because of the perception that more was needed, he said he
felt the delay was warranted.
Brenner stated that she did propose holding a public hearing and she was voted down
1 -6. She still feels that public input is very important.
7. NOMINATIONS FOR APPOINTMENTS TO BOARDS AND
COMMISSIONS (AB92 -472)
LAIDLAW MOVED TO NOMINATE AND APPOINT AT THE SAME
MEETING.
The motion carried unanimously.
Warner opened the nomination for the Planning Commission.
HARRIS MOVED TO NOMINATE DAVID ERNST AND CLARE FOGELSONG
TO THE PLANNING COMMISSION:
The motion carried unanimously.
HARRIS MOVED TO APPOINT DAVID ERNST AND CLARE FOGELSONG
TO THE PLANNING COMMISSION.
The motion carried unanimously.
Warner opened the nominations for the Board of Equalization.
LAIDLAW MOVED TO NOMINATE HOWARD SHELINE AND CHESTER
SPEZIALE.
Warner closed the nominations.
HENDERSON MOVED TO APPOINT HOWARD SHEL]NE AND CHESTER
SPEZIALE TO THE BOARD OF EQUALIZATION.
The motion carried unanimously.
There was discussion on the lack of applications and the need to re- advertise for the
Solid Waste Advisory Committee, Open Space Advisory, Sewage Control Board, or Noxious
Weed Board.
Council Minutes, 12117192, Page 7
8. ORDINANCE AMENDING THE WHATCOM COUNTY CODE
REGARDING INDECENT EXPOSURE (AB92 -406A)
BRENNER MOVED ADOPTION OF THE ORDINANCE.
Brenner, Harris, Vander Yacht, Henderson, and Warner commented on the
ordinance.
HENDERSON MOVED TO AMEND THE ORDINANCE TO READ ON LINE
41 AFTER "SUNBATHING" 'EXCEPT AS DESIGNATED BELOW' AND ON THE
NEXT PAGE INSERTED ON LINE 3, BETWEEN THOSE TWO PARAGRAPHS, THE
WORDS "NUDE SUNBATHING WILL BE ALLOWED AT THE SOUTH BEACH OF
TEDDY BEAR COVE ON THE FIRST AND THIRD SUNDAY OF JUNE, JULY, AND
AUGUST DURING DAYLIGHT HOURS."
Brenner commented on Henderson's amendment. She also commented on the
comments made by Harris.
The amendment failed with Henderson and Warner in favor.
Harris and Vander Yacht commented.
Warner stated that he shares concerns stated by Henderson and Harris.
WARNER MOVED TO CHANGE THE FINE FROM $125 TO $15.
After discussion, he withdrew his amendment.
Laidlaw stated that she understood that all constitutional issues had been dealt with.
Watts concurred. She commented further.
HENDERSON MOVED TO TABLE THE PROPOSED ORDINANCE.
The motion failed, with Henderson in favor.
WARNER MOVED TO AMEND THE ORDINANCE BY ADDING TO LINE 41,
AFTER THE WORD "SUNBATHING," 'EXCEPT IN SUCH DISCRETE PLACE AND
AT SUCH TIME AS MAY BE DESIGNATED BY THE COUNCIL."
There was discussion on Warner's amendment.
Warner's amendment failed.
The motion to adopt the ordinance carried 4 to 2, with Harris and Henderson
against.
Council Minutes, 12117192, Page 8
9. DISCUSSION REGARDING GOLDEN PHOENIX TRADING CO.
APPLICATION TO CLEARCUT IN ARLECHO CREEK BASIN (AB92-
399)
Harris stated that he had spoken to Mr. Bill Wallace, Northwest Regional Manager,
Department of Natural Resources (DNR). Harris stated that the DNR is not going to accept
the forestry application form Golden Phoenix and has sent the application back to Golden
Phoenix for further review and more information.
This item was held in Planning and Development Committee at their January 12
meeting.
10. RESOLUTION IN SUPPORT OF THE PROPOSED EXCHANGE OF
FOREST LANDS IN WHATCOM COUNTY BETWEEN THE STATE OF
WASHINGTON AND THE TRILLIUM CORPORATION (EXCHANGE
NO. 460) (AB92 -195)
Henderson reported for Planning and Development and recommended approval.
HE SO MOVED.
Gordon Scott, Planning Department, presented some information to the Council
showing the different parcels involved.
. BRENNER MOVED TO AMEND THE RESOLUTION TO SUPPORT THE
PROPOSED EXCHANGE MINUS THE FINNEY CREEK /LOOKOUT MOUNTAIN
PARCEL.
Henderson spoke to Brenner's proposed amendment.
Laidlaw asked staff to comment on the questions of the residents around Lake
Samish.
Scott stated that the parcel above Lake Samish, around Lookout Mountain,
were addressed in the swap, and it was asked that this piece be taken out of the land swap,
but was kept in because of the timber value. Barbara Vaughn clarified further on the
positions of the residents of Lake Samish.
Brenner withdrew her amendment and asked if the Council could write a letter to
Trillium stating the Council's concerns about the Lookout Mountain piece. Brenner agreed
to draft the letter.
Laidlaw asked Scott for clarification and confirmation on the County's role in forest
management plans in the area and about potential logging.
Scott referred the questions to Bill Wallace of the DNR who stated that there is no
plan to harvest timber on any of the Trillium land and explained how their harvest plans
Council Minutes, 12117192, Page 9
work. He and Laidlaw discussed further the County's role in forest harvest planning.
Discussion ensued with clarification from Dan Taylor, Planning, Scott, and Wallace.
BRENNER MOVED TO AMEND THE ORDINANCE BY REMOVING THE
LOOKOUT MOUNTAIN PARCEL FROM THE EXCHANGE AND SOME OTHER
PIECE SUBSTITUTED.
Brenner's amendment failed 1 -5 with Brenner for.
Vander Yacht asked some questions of County Engineer Ed Henken. He asked how
Henken feels about the Canyon Creek area. Henken responded.
The motion to approve the resolution carried unanimously.
11. COWDEN GRAVEL: INVESTIGATION INTO ENFORCEMENT OF LAW
BY BUILDINGS & CODE ADMINISTRATION (AB92 -311B)
This item was taken second.
There was considerable discussion about the background of this issue and review of
what has been done to this time.
BRENNER MOVED THAT COUNCIL ADDRESS A LETTER TO REQUEST
THE EXECUTIVE TO ENFORCE THE MAY 4TH LETTER FROM BUILDING AND
CODES REGARDING COWDEN WHICH INVOLVED REFILLING THE PART THAT
WAS EXCAVATED AND REPLANTING IT WITH TREES SO THAT THE
REFORESTATION IS RESTORED."
The motion carried 4 to 3 with Warner, Vander Yacht, and Imhof against.
ADDENDUM
1. RESOLUTION SETTING A SPECIAL ELECTION WITHIN THE CITY
OF EVERSON TO DETERMINE IF THE CITY OF EVERSON SHALL
BE ANNEXED INTO THE WHATCOM COUNTY RURAL LIBRARY
DISTRICT (AB92 -4$9).
LAIDLAW MOVED TO APPROVE THE RESOLUTION.
The motion carried unanimously.
EXECUTIVE SESSION
1. DISCUSSION WITH FRIENDS OF SUMAS MOUNTAIN (AB92 -003)
This item was taken third.
Council Minutes, 12117192, Page 10
Jean Westgate, Friends of Sumas Mountain: Stated that there has been an appeal
filed on behalf of the Friends of Sumas Mountain, the Lummi Tribe, and the Council.
Council needed to determine whether or not to go forth with the appeal.
WARNER MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS THE
ISSUE PURSUANT TO RCW 42.30.140(2) IN ORDER FOR COUNCIL TO BE
BRIEFED BY ITS ATTORNEY ON A QUASI -JUDICIAL MATTER.
After returning from executive session, Warner said he would accept a motion.
BRENNER MOVED TO STAY IN THE LEGAL ACTION.
The motion failed 3 -3. with Warner, Vander Yacht, and Henderson opposed and
Imhof absent.
INTRODUCTION
1. ORDINANCE TO ADOPT THE WHATCOM COUNTY DEVELOPMENT
STANDARDS, PART A - REGULATORY STANDARDS (AB92 -479)
(HEARING TO BE SCHEDULED)
2. RESOLUTION TO SELL SURPLUS PROPERTY (NOR -BELL NURSING
HOME EQUIPMENT) (AB92 -480A) (HEARING TO BE SCHEDULED)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Laidlaw brought up the Retired Senior Volunteer Program.
SHE MOVED TO HAVE THE CHAIR WRITE A LETTER TO THE STATE
LEGISLATURE SAYING PLEASE FIND MONEY IN THE STATE BUDGET TO
FUND DCD TO SUPPORT GOOD VOLUNTEER PROGRAMS SUCH AS RSVP.
The motion was discussed by the Council.
The motion carried unanimously.
Laidlaw reviewed the work with the non - motorized transportation improvement
program.
LAIDLAW MOVED THAT THE COUNCIL WAIVE THE RFP PROCESS DUE
TO TIME CONSTRAINTS AND EXPRESS ITS INTENT TO CONTRACT FOR UP TO
$1600 FROM THE PATHS AND TRAILS FUND 131 WITH MR. KEN WILCOX TO
PREPARE BY DECEMBER 31, 1992, THE NECESSARY PAPER WORK TO ACCEPT
THE 1992 DOT ENHANCEMENT GRANT AWARDS.
The motion carried unanimously.
Council Minutes, 12117192, Page 11
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LAIDLAW MOVED THAT COUNCIL ADDRESS A REQUEST FOR
CLARIFICATION FROM THE EXECUTIVE BY JANUARY 5 ON THE NEXT STEP
IN THEIR PLANS TO APPLY FOR THE 1993 -94 DOT FUNDS WHICH ARE DUE
FEBRUARY 1, 1993, THE REGIONAL ALLOCATIONS APPLICATIONS WHICH ARE
DUE FEBRUARY 3,1993, AND THE 1994 ENHANCEMENT APPLICATIONS WHICH
ARE DUE MARCH 18, 1993.
The motion carried unanimously.
Harris mentioned that the referendum on the Critical Areas Ordinance has received
its 10,000 signatures and that Council should be considering its response. Watts said his
office was in the process of reviewing the referendum.
The meeting was adjourned at 10 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
20
23
24 Dan Bro' . - avig , sistant Clerk Daniel M. Warner, Chairman
Council Minutes, 12117192, Page 12