HomeMy WebLinkAboutCounty Council February 11 19921 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 February 11, 1992
4 The meeting was called to order by Council Chairman Dan Warner at 7 p.m. in the
5 Council Chambers, 1000 N. Forest.
6 Present Absent
7 Bob Imhof None
8 Marge Laidlaw
9 Barbara Brenner
10 Larry Hams
11 Dennis Vander Yacht
12 Ken Henderson
13 ANNOUNCEMENT
14 Warner announced the County had received the deed to Teddy Bear Cove.
15 READING AND APPROVAL OF THE MINUTES
16 The minutes of the January 7, 1992 meeting were accepted as presented.
17 SPECIAL PRESENTATION
18 RECOGNITION FOR LOCAL RESIDENT GERALD DIGERNESS,
19 RECENTLY ELECTED AS PRESIDENT OF THE NATIONAL
20 ASSOCIATION OF CONSERVATION DISTRICTS (AB92 -060)
21 Mr. Digerness was not present.
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EXECUTIVE ITEMS
1. BID AWARD RECOMMENDATION FOR FIVE MID-SIZE SEDANS TO
THE LOW BID, OLYMPIC FORD, THE STATE OPTION, FOR $_58,609.94
INCLUDING SALES TAX (AB92 -063)
Laidlaw reported for Finance and recommended approval.
SHE SO MOVED.
The motion carried unanimously.
2. REQUEST FOR AUTHORIZATION TO PURCHASE TRAFFIC LINE
PAINT FROM NORRIS PAINT COMPANY FOR APPROXIMATELY
$153,052, AND GLASS BEADS FROM POTTERS INDUSTRIES FOR
1 APPROXIMATELY $17,626, BOTH THROUGH STATE CONTRACTS
2 (AB92 -064)
3 Laidlaw reported for Finance and recommended approval.
4 SHE SO MOVED.
5 The motion carried unanimously.
6 3. BID AWARD RECOMMENDATION FOR THE PURCHASE OF A FULL
7 SIZE POLICE PATROL SEDAN FROM ROYAL CHEVROLET, LOW
8 BIDDER THROUGH THE STATE CONTRACT, FOR $14,057.50,
9 INCLUDING SALES TAX (AB92 -065)
10 This bid was held in committee.
11 4. BID AWARD RECOMMENDATION FOR FOUR POLICE PATROL
12 SEDANS TO THE LOW BIDDER, ROYAL CHEVROLET (STATE
13 OPTION) AT $56,825.91 INCLUDING SALES TAX (AB92 -066)
14 Laidlaw reported for Finance and recommended approval.
15 SHE SO MOVED.
16 _The motion carried unanimously.
17 5. BID AWARD RECOMMENDATION FOR TWO FOUR -DOOR VEHI-
18 CLES TO THE LOW BID, BUD CLARY CHEVROLET (STATE OPTION)
19 FOR $33,050.01, INCL. SALES TAX (AB92 -067)
20 Laidlaw reported for Finance and recommended approval.
21 SHE SO MOVED.
22 The motion carried unanimously.
23 6. BID AWARD TO THE LOW BIDDER, KAY PARK REC CORP, FOR
24 EIGHT FOUR - SEATER AND THREE TWO- SEATER PEDAL BOATS
25 $11,922.83 INCLUDING SALES TAX (AB92 -068)
26 Laidlaw reported for Finance and recommended approval.
27 SHE SO MOVED.
Minutes, 2/11/92, Page 2
1 The motion carried unanimously.
2 7. BID AWARD RECOMMENDATION FOR A HYDRO- SEEDER TO THE
3 LOWEST RESPONSIVE BIDDER, BRIM TRACTOR COMPANY, FOR
4 $22,462 INCLUDING SALES TAX (AB92 -069)
5 Laidlaw reported for Finance and recommended rejection to the Council.
6 SHE SO MOVED.
7 The motion carried 6 -1 with Laidlaw against.
8 HENDERSON MOVED THE COUNCIL REQUEST THE ADMINISTRATION
9 PRESENT TO THE FINANCE COMMITTEE FURTHER INFORMATION, AS SOON
10 AS POSSIBLE, ON THE NEED, USAGE AND COST OF A HYDROSEEDER FOR
11 1992.
12 The motion carried unanimously.
13 8. BID AWARD RECOMMENDATION FOR A TWO -DOOR 4 X 4
14 VEHICLE TO LOWEST RESPONSIVE BIDDER BELLINGHAM
15 CHRYSLER CENTER, AT $20,814.32 INCL. SALES TAX (AB92 -070)
16 Laidlaw reported for Finance and recommended approved.
17 SHE SO MOVED.
18 The motion carried unanimously.
19 9. BID AWARD RECOMMENDATION FOR TWO SEVEN- PASSENGER
20 MINI -VANS TO THE LOWEST RESPONSIVE BIDDER, DIEHL FORD,
21 FOR A TOTAL COST OF $36,018.14, INCLUDING SALES TAX (AB92-
22 071)
23 Laidlaw reported for Finance and recommended approval.
24 SHE SO MOVED.
25 Warren Laing, Maintenance & Operation, discussed the need for a passenger vehicle.
26 The motion carried unanimously.
27 10. REQUEST FOR AUTHORIZATION TO PURCHASE PROPERTY
28 INSURANCE (AB92 -076)
Minutes, 2/11/92, Page 3
Van Zanten explained this issue.
2 Laidlaw reported for Finance and recommended approval.
3 SHE SO MOVED.
4 The motion carried unanimously.
5 LAIDI-AW MOVED THE COUNCIL REQUEST THE ADMINISTRATION TO
6 WORK WITH THE FINANCE COMMITTEE TO DEVELOP A POLICY RELATED TO
7 PERFORMANCE -BASED SPECIFICATIONS AS THE BASIS FOR THE BIDDING
8 PROCESS, WITH THE UNDERSTANDING THAT THIS CHANGE WOULD
9 REQUIRE SOME TRAINING MONEY.
10 The motion carried unanimously.
11 11. NEW APPLICATION FOR A CLASS AC LIQUOR LICENSE FOR INTCO
12 MARINA, INC., POINT ROBERTS MARINA RESORT, 713 SIMUNDSON
13 DRIVE, POINT ROBERTS BY KANE K. HUI AND ERNEST H. HUI
14 (AB92 -072)
15 Imhof reported for Public Service and Solid Waste and recommended approval.
16 HE SO MOVED.
17 The motion carried unanimously.
18 12, EXECUTIVE'S REPORT
19 Road Progress Report (AB91 -410): This report was distributed and explained.
20 OPEN SESSION
21 Frank Winslow, 433 17th Street (AB92 -133): A new, stronger state- law changes the
22 basis for providing aid to the functioning disabled residents. He said he would like to see
23 the services for the aged separated from the functionally disabled.
24 Brenner thanked Winslow for his help in bringing her up to speed since she was
25 appointed as the Council representative on the North Sound Regional Network Committee.
26 Julie Batton, 2065 Lake Louise Road (AB91- 365A): Spoke against more traffic and
27 an increase in speed on Lake Louise Road. She wants the area downzoned to the capacity
28 of the existing road.
Minutes, 2/11/92, Page 4
1 Rita Foley, 3878 Blue Canyon Road (AB92 -104): She said there is logging all around
2 her on slopes that are 90 percent or more. The creek is clogged, ash on her car, polluting
3 Lake Whatcom, she is mad at everyone who is apathetic about the granting of permits for
4 logging. The creek washes out regularly beside her house and Foley said she wants stricter
5 laws for the watershed. She wants to know what the County can do to regulate the logging.
6 There was discussion among Laidlaw, Henderson and Warner about the loggers being
7 in violation of their permits. Warner said he would ask the administration to ask Gordon
8 Scott, Planning Department, to investigate the possible violations of the permit. He said he
9 would like Scott to attend the next meeting.
10 Laidlaw said the Health Officer has asked for a change in the designation of the
11 Lake Whatcom as a severe health hazard and perhaps Ms. Foley and others could support
12 this position.
13 Susan Struthers, 3783 Blue Canyon Road (AB92 -104): She was once surrounded by
14 trees that have since been cut down. She said she would like to have this investigated as
15 the roads have been damaged almost causing an accident between a truck and a school bus.
16 The log trucks went over a septic tank they had built for another homesite and caved it in;
17 also hot ashes landed on top of their car burning the vinyl top and her tires were cut from
18 the uneven roads. Struthers said helicopters have no regulations in the timber area and they
19 fly so low the noise is deafening. The county trails stop at each end of her family's property
20 and they have many trespassers.
21 Bob Hughes, 6895 South Pass Road (AB92 -036): In favor of the Growth
22 Management Act (GMA) and the Natural Heritage Task Force as well as structured
23 planning in the community. He is against one home per 20 acres. Currently there would
24 be only 200 more people who could live in the foothills. The GMA is going to lose
25 credibility if there are outlandish proposals. He urged the Council to study this situation.
26 Garry Hardin, 191 Cain Lake Road (AB91- 365A): Invited the Council out to
27 Glenhaven to hold a meeting to find out the many problems they are having. Warner said
28 he would consider this.
29 Robert Olson, Cain Lake Road (AB91- 365A): Concerned about the -new tracts being
30 proposed; their roads are getting very busy and he agrees with Hardin's comments.
31 The open session was closed.
32 HEARINGS
33 RESOLUTION AUTHORIZING DISPOSAL OF SURPLUS PROPERTY (FIELD
34 HOSPITAL) (AB92 -045A)
Minutes, 2/11/92, Page 5
1 The public hearing was opened.
2 Ruth Voigt, 2198 Sylvan: She questioned the cost and disposition of this item.
3 The public hearing was closed.
4 HENDERSON MOVED THIS RESOLUTION BE APPROVED.
5 The motion carried unanimously.
6 OTHER ITEMS
7 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
8 ZONING CODE, TITLE 20, CHAPTER 20.72 TO CLARIFY LANGUAGE
9 PROHIBITING SERVICE STATIONS (AB92 -038) (SEE AB91 -461 AND
10 AB91 -171 FOR BACKGROUND)
11 Henderson reported for Planning & Development and recommended approval.
12 HE SO MOVED.
13 The motion carried unanimously.
14 2. POSSIBLE SCHEDULING OF DISCUSSION ON THE BONNEVILLE
15 POWER ADMINISTRATION AND PUGET POWER NORTHWEST
16 TRANSMISSION PROJECT (AB92 -057)
17 Henderson reported for Planning and Development and explained the issue.
18 Items discussed were: the Environmental Impact Study (EIS), how much voltage
19 would be allowed; extension of the comment period on the scoping until the end of March.
20 Comments were made by: Henderson; Laidlaw.
21 3. POSSIBLE REPORT FROM PLANNING AND DEVELOPMENT
22 COMMITTEE ON THE LOGGING ISSUES BROUGHT FORWARD BY
23 FRIENDS OF SUMAS MOUNTAIN, AND OF THE COUNCII.'S ROLE
24 IN FOREST PRACTICES PERMIT REVIEW (AB92 -003)
25 Henderson reported for Planning and Development and explained this issue.
26 He said that Phil Myer, Department of Natural Resources (DNR) was at the meeting and
27 was agreeable. He said the County requested it be part of the ID team, and there be review
28 for health and safety, and the costs to the County. If there is slope instability and
Minutes, 2/11/92, Page 6
1 HENDERSON MOVED THE PROPOSED LETTER BE SENT TO THE
2 DEPARTMENT OF NATURAL RESOURCES.
3 Items discussed were: damage caused by wind throw; violations of an overcut and
4 cutting too close to a stream have been found by Gordon Scott and Department of Natural
5 Resources (DNR);
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7 Comments were made by Henderson, Warner, Laidlaw, Imhof and Harris.
8 Laidlaw said it was time for the Council to get deadly serious if there are violations.
9 The Council was within a week of appealing another application.
10 The motion carried unanimously.
11 4. RESOLUTION DIRECTING THE COUNTY AUDITOR TO ADVERTISE
12 A CALL FOR BIDS FOR THE COUNTY'S OFFICIAL NEWSPAPER
13 (AB92 -051)
14 Laidlaw reported for Finance and recommended approval.
15 SHE SO MOVED.
16 The motion carried unanimously.
17 5. RESOLUTION AUTHORIZING PURCHASE OF PROPERTY BY THE
18 NORTHWEST - WASHINGTON FAIR (AB92 -073)
19 Laidlaw reported for Finance and recommended approval.
20 SHE SO MOVED.
21 The motion carried unanimously.
22 6. CONSIDERATION OF REQUEST FROM RIDDELL, WILLIAMS,
23 BULLITT AND WALKINSHAW FOR $500 IN RELATION TO THE
24 MEDICAL WASTE INITIATIVE CASE (AB92 -059)
25 Laidlaw reported for Finance and said they did not have enough information to deal
26 with this.
27 Warner spoke of a letter from Paul Kundtz of Riddell, Williams, Bullitt and
28 Walkinshaw discussing a case (Kettlewell v. MDNR) that is being handled in United States
29 Superior Court and is similar to Whatcom County's case. Kundtz suggests filing an amicus
30 (friend of the court) brief in the Kettlewell case. His firm will do the work pro bono but
Minutes, 2/11/92, Page 7
1 have asked for $500 to reimburse costs in the matter.
2 Brenner said whatever happens with Kettlewell in Superior Court will impact the
3 County's case in the Ninth Circuit Court of Appeals. She urged the Council to approve this
4 action.
5 WARNER MOVED TO APPROPRIATE $500 TO FUND THIS MATTER.
6 The motion carried unanimously.
7 7. BOARD AND COMMISSION APPOINTMENTS: OPEN SPACE ADVISO-
8 RY COMMITTEE, SOLID WASTE ADVISORY COMMITTEE, NOXIOUS
9 WEED CONTROL BOARD (AB92 -055)
10 OPEN SPACE ADVISORY COMMITTEE
11 There were no applicants.
12 SOLID WASTE ADVISORY COMMITTEE
13 Brenner nominated Nancy Keene.
14 The nominations were closed.
15 NOXIOUS WEED CONTROL BOARD
16 The nominations were opened.
17 Laidlaw nominated W. Wesley Kench and Valerie J. Fisher.
18 The nominations were closed.
19 IMHOF MOVED TO SUSPEND THE RULES, AND VOTE ON THIS ISSUE
20 TONIGHT.
21 The motion carried unanimously.
22 LAIDLAW MOVED APPOINTMENT OF THE NOMINEES.
23 The motion carried unanimously.
24 INTRODUCTION
25 1. APPLICATION FOR CHANGE OF CLASSIFICATION FROM FARM
Minutes, 2/11/92, Page 8
1 AND AG TO OPEN SPACE /TIMBER, FILED BY GARY AND JEAN
2 CHADWICK-, AND DALE AND DIANA MILLER (TO BE REFERRED
3 TO PLANNING COMMISSION) (AB92 -054)
4 2. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION
5 1.10.320 TO CLARIFY NOTICE OF PUBLIC HEARING (AB92 -061)
6 (FINANCE)
7 3. ORDINANCE DEACTIVATING THE WHATCOM COUNTY NOXIOUS
8 WEED BOARD; OR ORDINANCE DELETING WHATCOM COUNTY
9 CODE SECTION 2.27.130 (AB92 -030A) (NO COMMITTEE ASSIGN -
10 MENT; SCHEDULE FOR HEARING)
11 4. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION
12 20.92.205, EXPANDING THE HEARING EXAMINER DUTIES AND
13 POWERS TO INCLUDE MAKING RECOMMENDATIONS TO THE
14 WHATCOM COUNTY COUNCIL ON PROPOSED LAKE MANAGE -
15 MENT DISTRICT RATES AND CHARGES OR SPECIAL ASSESSMENTS
16 (AB92 -074A) (PUBLIC SERVICES)
17 5. ORDINANCE PROVIDING A PROCESS BY WHICH OBJECHONS TO
18 LAKE MANAGEMENT DISTRICT RATES MAY BE MADE AND BY
19 WHICH THEY WILL BE REVIEWED (AB92 -074A)
20 6. RESOLUTION ESTABLISHING BYLAWS FOR THE GOVERNING
21 BODY OF LAKE MANAGEMENT DISTRICT NO. 1 (AB92 -075) (LAKE
22 MANAGEMENT DIST. GOV. BODY)
23 Items 1 -6 were received and will be forwarded for the appropriate action.
24 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
25 Shorelines timelines (AB91 -347): Henderson discussed the timelines for shorelines
26 issues. The Shoreline Master Plan draft will take some time for the Council to study.
27 Budget resolution (AB91- 386A): Laidlaw reminded the Council about Budget
28 Resolution 91 -092, Item I indicating the Council's interest to work with the Administration
29 on additional approaches to increase public notice. Council recognized at the time that
30 additional appropriations may be necessary. Laidlaw request Council concurrence that she
31 be able to work with the Administration on this issue; the Council concurred.
32 Thanks from Mental Health Board: Brenner conveyed thanks to the Council from
33 this group for its support.
Minutes, 2/11/92, Page 9
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Staff Report: Bob Woods, Budget and Program Analyst, said the final meeting with
him being temporary chair, of the County Financial Management will be February 21.
Woods will be in Bellevue on the 25th for training on the LAN.
The meeting was adjourned at 8:40 p.m.
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6 ATTEST:
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Barbara Maher, Depu Clerk
WHATCOM COUNTY COUNCEL
WHATCOM COUNTY, WASHINGTON
Daniel M. Warner, Chairman
Minutes, 2/11/92, Page 10