HomeMy WebLinkAboutCounty Council February 25 19921 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 February 25, 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 Ken Henderson None
8 Marge Laidlaw
9 Barbara Brenner
10 Larry Harris
11 Bob Imhof
12 Dennis Vander Yacht
13 READING AND APPROVAL OF MINUTES
14 Brenner noted she had voted for Richardson not Anderson on page 4, line 18 of
15 January 14 minutes. Henderson said on January 28 minutes, page 5, line 10 should read
16 "committees" not "committee" and on page 16, line 30, it should read "non - confrontational'
17 not "confrontational." The minutes for January 14 and 28 were then accepted.
18 EXECUTIVE ITEMS
19 1. BID AWARD RECOMMENDATION FOR THE PURCHASE OF A FULL
20 SIZE POLICE PATROL SEDAN FROM ROYAL CHEVROLET, LOW
21 BIDDER THROUGH THE STATE CONTRACT, FOR $14,057.50,
22 INCLUDING SALES TAX (AB92 -065) (KEPT IN COMMITTEE ON
23 2/11)
24 Tom Sutberry, Deputy Administrator, explained this issue.
25 Laidlaw reported for Finance and recommended the rejection of the bid.
26 SHE SO MOVED.
27 The motion was carried unanimously.
28 LAIDLAW MOVED TO ACCEPT A BID FOR THE FORD TAURUS FROM
29 THE STATE CONTRACT.
30 The motion carried unanimously.
31 2. BID AWARD RECOMMENDATION FOR TWO ONE -HALF TON 4X4
32 PICKUP TRUCKS TO THE LOW BIDDER, HINTON GM NISSAN FOR
33 $25,549.46 INCL. SALES TAX (AB92 -089)
1 3. BID AWARD RECOMMENDATION FOR FOUR ONE -HALF TON 4X2
2 PICKUP TRUCKS TO THE LOW BIDDER, HINTON GM NISSAN FOR
3 $46,673.95 INCL. SALES TAX (AB92 -090)
4 4. BID AWARD RECOMMENDATION FOR FOUR 3/4 TON PICKUP
5 TRUCKS TO THE LOW BIDDER, DEWEY GRIFFIN GMC, FOR
6 $51,127.38 INCL. SALES TAX (AB92 -091)
7 5. BID AWARD RECOMMENDATION FOR TWO SMALL 4X4
8 EXTENDED CAB PICKUP TRUCKS TO THE LOW BID, OLYMPIC
9 FORD, THE STATE CONTRACT OPTION, FOR $25,916.20 INCLUDING
10 SALES TAX (AB92 -092)
11 Laidlaw reported for Finance and recommended approval of items 2 -5.
12 SHE SO MOVED.
13 The motion carried unanimously.
14 6. BID AWARD RECOMMENDATION FOR THE SUPPLY OF
15 LUBRICATING OIL TO THE LOW BIDDER, BOSMAN, INC., AT AN
16 ESTIMATED ANNUAL EXPENDITURE OF $16,379 (AB92 -093)
17 7. BID AWARD RECOMMENDATION FOR A SUPPLY OF HIGH
18 DENSITY POLYETHYLENE DRAIN PIPE TO THE LOW BIDDER,
19 MASKELL- ROBBINS, INC., FOR $31,428.85 INCL. SALES TAX (AB92-
20 094)
21 Laidlaw reported for Finance and recommended approval of items 6 and 7.
22 SHE SO MOVED.
23 The motion carried unanimously.
24 8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
25 INTO AN AGREEMENT WITH HARDING LAWSON ASSOCIATES FOR
26 GROUNDWATER MONITORING SERVICES AT THE CEDARVILLE
27 LANDFILL FOR $49,106 (AB92 -088)
28 Laidlaw explained this issue; she reported for Finance and recommended approval.
29 LAIDLAW MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO AN
30 AGREEMENT FOR $43,000 WITH HARDING LAWSON ASSOCIATES.
Minutes, 2/25/92, Page 2
The motion carried unanimously.
2 9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
3 INTO A PROFESSIONAL SERVICES AGREEMENT WITH SHARON
4 EYER FOR DOMESTIC VIOLENCE SPECIALIST SERVICES IN THE
5 AMOUNT OF $15,000 (AB92 -096)
6 1 Laidlaw reported for Finance and recommended approval.
7 The motion carried unanimously.
8 10. EXECUTIVE'S REPORT
9 Sutberry distributed a written report that included the following:
10 Response to Council's request in Resolution 91 -092, Item D related to Health
11 Department hours (AB91- 386A); year -end status report on the Coordinated Water System
12 Plan prepared by Debbie Kingsley, Project Manager (AB91 -197); status report on the River
13 Program, prepared by the County Engineer (AB91 -233); and the 1991 Annual Report from
14 the Washington Counties' Risk Pool(ABB91 -202).
15 IMHOF MOVED THE COUNCIL GO INTO EXECUTIVE SESSION TO
16 DISCUSS PENDING LITIGATION WITH THEIR ATTORNEY.
17 The motion carried unanimously.
18 Following a short recess, the Council meeting reconvened.
19 � OPEN SESSION
20 Sherilyn Wells, 1020 Geneva (AB92 -109): Mentioned a bill introduced into State
21 Legislation in which there is an attempt to retroactively determine intent. Mitsubishi is
22 trying to obtain land that was intended as designated Park land. She said this could have
23 impacts on Whatcom County.
24 Laura Lee Brakke, Pleasant Bay Road (AB91 -347): Spoke about the update on the
25 Shorelines Advisory Board. They presented a plan to the Planning Commissioner and they
26 sent it to the Council; it was put on the back burner. She proposes that a Shorelines
27 document is passed it be retroactive until the first of the year or say permit applications that
28 have yet been permitted.
29 Rita Foley, 3878 Blue Canyon Road(92 -104): Thanked the Council for its efforts to
30 prevent the problems caused by logging in her area.
31 Scott Pitman, resident of the Nooksack area (AB92 -115): presented a petition and
Minutes, 2/25/92, Page 3
1 map showing the residents addresses in the area and the gravel pits in the area. Urged the
2 Council to hold a public hearing at the Nooksack High School.
3 Larry Chapman, 915 Baker Street, and the forester for Neilson Bros (AB92 -104):
4 He set up the design for Neilson Brothers in the Blue Canyon area. He said there has been
5 misunderstanding about definitions of topographic break (30 percent grade) and inner gorge.
6 He said there has not been overcutting in the area.
7 Susan Struthers, 3733 Blue Canyon Road (AB92 -104): Has spoken to several people
8 since the last meeting. Phyl Myer, DNR said there was an overcut as well as Gordon Scott.
9 Kip Kelly was the one who gave the okay and now says there was no overcut.
10 Sherilyn Wells: Wanted to rebut a statement that was made after she left an earlier
11 meeting; Warner asked that she not do this during Open Session.
12 Bill McCoy, Marietta (AB91 -233): Said nothing has been done in Marietta and
13 would like to hear what will be done about dredging. He wants Marietta residents to have
14 a waiver to dredge their sloughs with their own equipment.
15 Dr. Sharon Hoofnagle, 2728 North Shore Road, Veterinarian (AB92- 030A): Very
16 much against the Noxious Weed Board being dropped. She has been amazed at the
17 information Ms. Baldwin has given her that helps in the treatment of animals.
18 HEARING
19 1. ORDINANCES DETERMINING THE FATE OF THE WHATCOM
20 COUNTY NOXIOUS WEED BOARD (AB92- 030A):
21 Warner explained the issue.
22 He asked if there was anyone who asserted there is not a damaging infestation of
23 noxious weeds.
24 The public hearing was opened on the above question. Hearing no comment, the
25 public hearing was closed.
26 The second question asked was regarding the scope of the board's functions.
27 The public hearing on this issue was opened.
28 Ray Fann, 5155 Graveline Road, Noxious Weed Board President: No problem with
29 the Council, Executive, Cooperative Extension or Cheryl Wilder's help for 20 hours a month.
30 He has problems with the Executive's desire to limit their authority.
Minutes, 2/25/92, Page 4
1 Katherine Hovanic, Executive Secretary, State Weed Board: She discussed adding
2 other weeds to the list. The intent is to intervene early when weeds come into the state
3 before they become an expensive problem. Thirty two counties in the state have programs,
4 said Hovanic.
5 Bill Brookeson, Assistant Director, Plant Services, Washington State Department of
6 Agriculture: Strongly urged the Council to adopt 17.10. He cited the tremendous cost of
7 cleaning up infestation when prevention could have dealt with it very easily.
8 Marlen Prough, 4933 Silver Beach Avenue: He attended for Laurel Baldwin who
9 is sick with the flu. He read a statement from Baldwin, which mentioned what the board
10 has been able to accomplish in the containment of the noxious weeds.
11 The public hearing was closed.
12 *ORDINANCE DEACTIVATING THE WHATCOM COUNTY NOXIOUS
13 WEED BOARD (P. 78)
14 There was no action on this ordinance.
15 *ORDINANCE DELETING WHATCOM COUNTY CODE SECTION 2.27.130
16 (P. 79)
17 LAIDLAW MOVED TO DELETE THE WHATCOM COUNTY CODE SECTION
18 2.27.130.
19 The motion carried unanimously.
20 *ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 2.27,
21 NOXIOUS WEED CONTROL BOARD (PROVIDING FOR ACTIVATION OF
22 THE BOARD AND MAKING THE COUNTY LAW CONSISTENT WITH STATE
23 LAW) (P. 80 -101)
24 BRENNER MOVED TO ADOPT THE ORDINANCE.
25 Laidlaw spoke against this ordinance.
26 Civil Deputy Prosecutor Bob Carmichael said he is not recommending action against
27 the state. He explained that he had developed the ordinances at the request of the
28 Executive. He said even if the Council adopts an ordinance in variance to state law, the
29 state law takes precedence.
30 Laidlaw said she thinks this should be put into committee. Carmichael explained the
31 difference from state law; this ordinance allows the Executive to oversee agreements entered
Minutes, 2/25/92, Page 5
1 into by the Weed Board.
2 WARNER MOVED TO AMEND SECTION 2.27.150, PAGE 87, TO ADD (3)
3 WHILE EMPLOYED BY THE BOARD, THE WEED COORDINATOR IS
4 CONSIDERED A COUNTY EMPLOYEE WITH THE PRIVILEGES AND
5 RESPONSIBILITIES THEREOF AND SHALL BE SUBJECT TO DAY -TO -DAY
6 SUPERVISION AND SUPPORT THROUGH A COUNTY DEPARTMENT AS
7 DIRECTED BY THE COUNTY EXECUTIVE.
8 IMHOF SAID HE WANTED TO AMEND THE AMENDMENT TO SAY THIS
9 EMPLOYEE WOULD BE GETTING ADMINISTRATIVE SUPERVISION AND
10 SUPPORT THROUGH COOPERATIVE EXTENSION.
11 The Imhof amendment carried unanimously.
12 The amended Warner amendment carried unanimously.
13 Harris spoke in support of the ordinance.
14 Hovanic said in other counties the employee is under the board and the board is
15 appointed by the Council. Brookeson said the ultimate responsibility lies in the law and the
16 land owners.
17 The motion to adopt the amended ordinance carried 6 -1 with Laidlaw against.
18 Carmichael asked that the discussion be reopened to include the changes he made
19 to the ordinance. Page 7, 2.27.120 Report to Council on specific control measures. The
20 County. Council z=z .:: z:h:b
:::::.::: 9 .:: :::.; ::.....:...:..:: ::::.:::....... ::.::.......<.::..
21:.: specific control measures Thaleet«Iat >at tste
p ................................. ........................::<:.:?
22 On page 7, 2.27.130 there are changes as follows:
23 The Whatcom County Noxious Weed Control Board shall teffflin ate eftaeeember3l, 199
24 continue to exist after
25 December 31, 1991 unless deactivated pursuant to Section 2.27.339: <.
26
27
28
29
30
31
32
33
On page 18, 2.27.270 Agreements with Landowners. Upon approval of the County
Executive: > >e€
On page 20; 2.27.310 now reads
seeds or toxic weeds -- Penalty.
This section is new so the numbering should be advanced from this point on.
Minutes, 2/25/92, Page 6
1 Motion to accept the amendments that are listed above.
2 The motion carried unanimously.
3 *ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 2.27,
4 NOXIOUS WEED CONTROL BOARD (SIMILAR TO THE ORDINANCE
5 BEGINNING ON PAGE 80, BUT LIMITING THE ACTIVITIES OF THE
6 BOARD TO THE CONTROL OF TANSY RAGWORT AND KNAPWEED) (P.
7 102 -123)
8 There was no action on this ordinance.
9 2, ORDINANCE PROVIDING A PROCESS BY WHICH OBJECTIONS TO
10 LAKE MANAGEMENT DISTRICT RATES. MAY BE MADE AND BY
11 WHICH THEY WILL BE REVIEWED (AB92 -074A) (TO BE ADOPTED
12 BY THE COUNCIL, RATHER THAN BY THE DISTRICT'S GOVERNING
13 BODY, BECAUSE IT IS AN ACT REGARDING GENERAL COUNTY
14 LAW.)
15 The public hearing was opened. Hearing no comment the hearing was closed.
16 HARRIS MOVED TO ADOPT THIS ORDINANCE.
17 The motion carried unanimously.
18 OTHER ITEMS
19 1. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION
20 20.92.205, EXPANDING THE HEARING EXAMINER DUTIES AND
21 POWERS TO INCLUDE MAKING RECOMMENDATIONS TO THE
22 WHATCOM COUNTY COUNCIL ON PROPOSED LAKE
23 MANAGEMENT DISTRICT RATES AND CHARGES OR SPECIAL
24 ASSESSMENTS (AB92 -074) (TO BE ADOPTED BY THE COUNCIL,
25 RATHER THAN BY THE DISTRICTS GOVERNING BODY, BECA USE IT
26 IS AN ACT REGARDING GENERAL COUNTY LAR9 (SEE ITEM 2,
27 HEARINGS)
28 LAIDLAW MOVED ADOPTION OF THIS ORDINANCE.
29 The motion carried unanimously.
30 2. RESOLUTION ESTABLISHING AND AWARDING THE BID FOR
31 COUNTY ROAD PROJECT NO. 99217, STATE 1.CONSTRUCTION OF
32 STORM DRAINAGE ON MARINE DRIVE UNDER RAILROAD
Minutes, 2/25/92, Page 7
1 TRACKS, TIB NO. 8- 2- 037(04) STAGE 1 (AB92 -095)
2 Laidlaw reported for Finance and recommended approval.
3 SHE SO MOVED.
4 The motion carried
5 3. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION
6 1.10.320 TO CLARIFY NOTICE OF PUBLIC HEARING (AB92 -061)
7 Laidlaw reported for Finance and recommended approval.
8 SHE SO MOVED.
9 The motion carried
10 4. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS
11 OVER ONE YEAR OLD (AB92 -081)
12 Laidlaw reported for Finance and recommended approval.
13 SHE SO MOVED.
14 The motion carried unanimously.
15 5. REQUEST FOR COUNCIL ENDORSEMENT OF A LETTER
16 FULFILLING THE TERMS OF THE COUNTY'S SOLID WASTE
17 INTERLOCAL AGREEMENTS (AB92 -087)
18 LAIDLAW MOVED TO AUTHORIZE THE CHAIRMAN OF THE COUNCIL
19 TO SEND LETTERS FULFILLING THE TERMS OF THE COUNTY'S SOLID WASTE
20 INTERLOCAL AGREEMENTS.
21 The motion carried unanimously.
22 6. APPOINTMENT TO FILL A VACANCY ON THE BOARD OF
23 COMMISSIONERS FOR CEMETERY DISTRICT NO. 8 (AB92 -103)
24 IMHOF MOVED TO APPROVE THE APPOINTMENT OF ERICA LOREEN.
25 The motion carried unanimously.
26 7. NOMINATIONS AND POSSIBLE APPOINTMENTS TO THE OPEN
Minutes, 2/25/92, Page 8
SPACE ADVISORY COMMITTEE (AB92 -055)
2 There were no applicants.
3 INTRODUCTION
4 1. RESOLUTION ADOPTING INTERIM SHORELINES REGULATIONS
5 (AB91 -347) (PLANNING) (THIS ITEM IS BEING RE- INTRODUCED (IT
6 WAS LAST SEEN BY THE COUNCIL ON OCT. 22) FOR PURPOSES OF
7 PUBLIC NOTICE, A HEARING IS LIKELY TO BE SCHEDULED WITHIN
8 THE NEXT MONTH OR TWO)
9 2. ORDINANCE REGARDING THE GROWTH MANAGEMENT ACT
10 MANDATE TO CLASSIFY AND DESIGNATE AGRICULTURAL
11 RESOURCE LANDS ON AN INTERIM BASIS (PLANNING. DEPT. FILE
12 REF. 13- 91.CZM) (AB92 -097) (PLANNING)
13 3. ORDINANCE ACKNOWLEDGING THE EXISTING FORESTRY
14 COMPREHENSIVE PLAN AND ZONING DESIGNATIONS AS
15 PROTECTION OF THE FORESTRY RESOURCE UNDER THE
16 INTERIM NATURAL, RESOURCE REQUIREMENTS OF THE
17 GROWTH MANAGEMENT ACT (PLANNING DEPT. FILE REF. 15-
18 91.CZM) (AB92 -098) (PLANNING)
19 4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLES 20
20 AND 21 AND CREATING A NEW TITLE 14 TO ADOPT A RIGHT TO
21 FARM LAW THAT COMPLIES WITH THE GROWTH MANAGEMENT
22 ACT BY REQUIRING THAT ALL PLATS, SHORT PLATS,
23 DEVELOPMENT PERMITS AND BUILDING PERMITS ISSUED FOR
24 DEVELOPMENT ON OR NEAR DESIGNATED AGRICULTURAL
25 LANDS CONTAIN A NOTICE THAT THE SUBJECT PROPERTY IS
26 NEAR DESIGNATED AGRICULTURAL LANDS ON WHICH
27 COMMERCIAL ACTIVITIES MAY OCCUR THAT ARE NOT
28 COMPATIBLE WITH RESIDENTIAL DEVELOPMENT (PLANNING
29 DEPT. FILE REF. 13- 91.GMA) (AB92 -099) (PLANNING)
30 5. ORDINANCE AMENDING COUNTY ZONING ORDINANCE TO
31 COMPLY WITH THE GROWTH MANAGEMENT ACT MANDATE TO
32 CLASSIFY, DESIGNATE AND PROTECT MINERAL RESOURCE
33 LANDS ON AN INTERIM BASIS (PLANNING DEPT. FILE REF. 14-
34 91.CZM) (AB92 -100) (PLANNING)
35 This item was withdrawn.
Minutes, 2/25/92, Page 9
1 6. RESOLUTION ESTABLISHING A LAKE MANAGEMENT DISTRICT
2 NO. 1 ADVISORY COMMITTEE (AB92 -101) (LAKE MANAGEMENT
3 DIST. GOVERNING BODY)
4 7. ORDINANCE REVISING THE 1992 WHATCOM COUNTY DRUG
5 FUND, PROSECUTING ATTORNEY'S BUDGET (AB92 -077)
6 (FINANCE)
7 8. APPLICATION FOR OPEN SPACE, FILED BY WHITE A. MILLER AND
8 STANLEY SERKSNYS (AB92 -102) (TO BE REFERRED TO THE
9 PLANNING COMMISSION)
10 ADDENDUM
11 9. RESOLUTION ADOPTING A FUNDING MECHANISM FOR THE
12 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND
13 AUTHORIZING THE COLLECTION OF CHARGES (AB92 -106)
14 Items 1 -4 and 6 -9 were introduced and will be forwarded for the appropriate action.
15 Item 5 was withdrawn and may be introduced at a later time.
16 The Council adjourned as the Whatcom County Council and convened as the
17 governing body, Lake Management District No. 1.
18 1. RESOLUTION ESTABLISHING BYLAWS FOR THE GOVERNING
19 BODY OF LAKE MANAGEMENT DISTRICT NO. 1 (AB92 -075)
20 1 IMHOF MOVED THE ADOPTION OF THIS RESOLUTION.
21 The motion carried unanimously.
22- The governing body, Lake Management District No. 1 adjourned and convened as
23 the County -wide Flood Control Zone District Board of Supervisors.
24 1. NOMINATION AND POSSIBLE APPOINTMENTS TO THE CITIZEN'S
25 FLOOD CONTROL ADVISORY COMMITTEE (AB92 -056)
26 Laidlaw nominated Fred Nowicke and Ron Bronsema for special districts.
27 Laidlaw nominated Matt Lagerway and Robert Mitchell to represent the small cities.
28 Laidlaw nominated the following for the geographic positions: John O'Leary,
29 Ferndale; Nelda Sigurdson, Ferndale; Arthur Bryant, Ferndale; Dave Buys, Custer; Fred
30 Polinder, Lynden; Ladd Shumway, Lynden; Doug McKeever, mid- county; Betty Lou Close,
31 Acme; Robert Knudsen, Acme; and Andy Ross, Bellingham.
Minutes, 2/25/92, Page 10
1 Harris nominated Larry Williams, Bellingham.
2 Imhof nominated Harold Bolt.
3 Henderson nominated Art Hyatt.
4 IMHOF MOVED TO SUSPEND THE RULES AND MAKE MOTIONS
5 IMMEDIATELY.
6 The motion carried unanimously.
7 LAIDLAW MOVED TO APPOINT FRED NOWICKE AND RON BRONSEMA
8 FOR SPECIAL DISTRICTS.
9 The motion carried unanimously.
10 IMHOF MOVED TO APPOINT MATT LAGERWAY AND ROBERT
11 MITCHELL AS REPRESENTATIVES FROM THE SMALL CITIES.
12 The motion carried unanimously.
13 Laidlaw withdrew her nomination for Sigurdson, Bryant and Ross in an effort to
14 reduce the number to ten.
15 Laidlaw withdrew Bolt's and put Bryant's name back in to diversify the geographical
16 representation.
17 Civil Deputy Prosecutor Robert Carmichael pointed out if both tribes were to be
18 given a representative, the list must be kept at nine so the overall number would be 15.
19 Laidlaw withdrew Knutsen's name to bring the number to nine.
20 HENDERSON MOVED THE APPOINTMENT OF THE FOLLOWING NINE
21 APPLICANTS: JOHN O'LEARY; DAVE BUYS; FRED POLINDER; LADD
22 SHUMWAY; DOUG MCKEEVER; BETTY LOU CLOSE; LARRY WILLL4 MS; ART
23 HYATT; AND ARTHUR BRYANT.
24 The motion carried unanimously.
25 Brenner suggested and Council concurred that each tribe be asked to nominate a
26 representative.
27 The Council acting as the County -wide Flood Control Zone District Board of
28 Supervisor adjourned and reconvened as the Whatcom County Council.
29 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Minutes, 2/25/92, Page 11
1 Growth Management Public Notice (AB92 -058): Laidlaw thanked the Planning
2 Department for their hard work but said there needs to be additional notice given to the
3 public with an opportunity to comment.
4 Harris spoke against this suggestion saying the Council is underestimating the county
5 residents; people have a very good understanding of this issue. He said the staff has held
6 many public meetings and there is a danger of staff burnout. These are interim regulations
7 and the county will have two years to refine them.
8 Henderson recommended having a public hearing in the Nooksack High School.
9 Taylor said he would recommend the Planning Department step back and do
10 revisions; he gave a recommended outline of the upcoming steps.
11 Henderson recommended a mailing and newspaper advertisements; he suggested
12 following Planning's recommended outline.
13 LAIDLAW MOVED ADOPTION OF THE RECOMMENDATIONS OUTLINED
14 IN HER MEMO OF FEBRUARY 21, 1992.
15 Henderson said he would like the April 28 hearing on the critical areas issue to be
16 the only hearing.
17 Items discussed were: dissemination of information; cost of advertising; need for a
18 mailing; need for this to be finished by spring; need to install a moratorium on building
19 projects; more involved in process than disseminating information; need for residents to
20 respond; potentially have Council meetings in other locations; media information then three
21 meetings on an off - Council week; better to do it correctly than do it quickly; need for
22 document review; mailer arriving ten days before the hearings and media coverage the week_
23 before; examine the available funding.
24 Comments were made by: Henderson; Woods, Council Budget and Program Analyst;
25 Brenner; Harris; Vander Yacht; Laidlaw; Taylor; Warner; Carmichael; Henderson.
26 Warner asked Henderson to come back in a week with a meeting schedule and
27 Laidlaw to come back with funding options.
28 Taylor mentioned having town meetings; Warner stated the Council could have three
29 public meetings on three consecutive nights around the County in such areas as
30 Custer /Birch Bay area, Nooksack High School area and Mount Baker High School area.
31 Brenner said she would prefer Ferndale.
32 Hiring an outside attorney to avoid conflict of interest: Brenner stated Carmichael
33 said he was comfortable doing the work right now but would let the Council know when he
34 can't handle it.
35 First quarter budget amendment: Taylor said a request for two additional positions
36 in Planning will be coming in soon.
Minutes, 2/25/92, Page 12
1 Warner summarized the changes to Laidlaw's memo as follows: After the Planning
2 Commission has made its recommendations, there will be a publicity campaign to alert the
3 residents of the issues; the County Council will hold meetings throughout the County on
4 three consecutive days to take input from the public; there will be additional work sessions
5 and adopt the regulations.
6 Laidlaw accepted these as friendly amendments to her memo.
7 The motion was carried unanimously including the friendly amendments.
8 Civic Center Express: Laidlaw said this service will end March 6th for lack of
9 ridership.
10 Workshop on solid waste regulations in Mount Vernon: Closure of landfills; the U.S.
11 government now requires 30 year's upfront financing of landfill closures.
12 Senior Citizen Tax Work Schedule: Warner said Cory had asked about senior
13 citizens working off part of their tax bills. It was recommended that Cory put a proposal
14 together.
15 Forest Practices in Blue Canyon area (AB92 -104): Henderson said Planning and
16 Development discussed forest practices at length.
17 HENDERSON MOVED TO REQUEST THE EXECUTIVE TO HAVE DOUG
18 GOLDTHORP, ENGINEERING, AND OTHER STAFF AS NECESSARY, EVALUATE
19 GEOLOGIC AND HYDROLOGIC HAZARDS IN THE TAT SUMAS MOUNTAIN
20 TIMBER CUT.
21 The motion carried unanimously.
22 Gordon Scott distributed information regarding the Blue Canyon Neilson Brothers
23 timber cut saying there was a misunderstanding and a lack of consistent application of
24 conditions. There were cuts where the ID team had specifically said "No cuts."
25 He said there are three options the Council could pursue: (1) If we think there is
26 a violation we tell Department of Natural Resources (DNR) to investigate and enforce the
27 conditions of the application within ten days. If they have not done anything in ten days,
28 we could go to a lawsuit. (2) Do nothing and let it slide. (3) Send a strong letter asking
29 DNR to stop the work and reconvene the ID team to determine if their wishes had been
30 carried out.
31 Harris said he recommends option (3) and DNR would then get a strong message
32 that forest practices are important particularly in this watershed. Harris said he thinks we
33 should make an issue of this.
34 Henderson asked what mitigation could be asked for the damage that has been done.
Minutes, 2/25/92, Page 13
Henderson is also in favor of #3 of Scott's memo.
2 HENDERSON MOVED THE CHAIRMAN WRITE DNR A STRONG LETTER
3 REQUESTING THEY STOP WORK ON THE PROJECT AND RECONVENE THE ID
4 TEAM TO EVALUATE THE INTERPRETATION OF THE COMPLIANCE WITH THE
5 CONDITIONS OF THE APPROVED FOREST PRACTICE AND REPLY TO THE
6 COUNCIL.
7 The motion carried unanimously.
8 Staff Report: Bob Woods, Council Budget and Program Analyst, noted the following:
9 a resolution will come from the County Financial Management Committee; he is finished
10 as temporary chair of the County Financial Management Committee; he will be out of the
11 office next week attending the caucuses; he will be presenting a review of procedures soon.
12 The meeting adjourned at 10:21 p.m.
13 WHATCOM COUNTY COUNCIL
14 ATTEST: WHATCOM COUNTY, WASHINGTON
----
15 ;U���c,�� _ Chi
16 Barbara Maher, Deputy Cle Daniel M. Warner, Chairman
Minutes, 2/25/92, Page 14