HomeMy WebLinkAboutCounty Council January 28 1992- 1 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3
4 January 28, 1992
5 The meeting was called to order at 7 p.m. by Chairman Dan
6 Council Chambers, 1000 N. Forest.
7
Present Absent
8
Marge Laidlaw None
9
Bob Imhof
10
Dennis Vander Yacht
11
Ken Henderson
12
Barbara Brenner
13 Larry Harris
14 EXECUTIVE ITEMS
Warner at 7 p.m. in the
15 1. REVIEW /DISCUSSION REGARDING THE FLOOD FUNDING CONCEPT AS
16 ADOPTED BY THE COUNCIL, ACTING AS BOARD OF THE FLOOD
17 CONTROL ZONE DISTRICT, AT THE NOVEMBER 19, 1991 MEETING
18 (AB91- 071L)
19 This item was taken after item 7.
20 Shirley Van Zanten, County Executive, explained the report that was distributed. Page
21 six gives the funding concept approved in November 1991. A further handout was distributed;
22 pages seven through 20 have blanks that the Council will need to complete before this can be
23 finalized.
24 Randall Watts, Chief Civil Deputy Prosecutor, explained that rates and charges are not
25 considered a tax and need not be based on public benefits.
26 Warner said he would write a rationale on the funding concepts.
27 Van Zanten said Linda Irvin would explain pages seven through 20 at another meeting to
28 help the Council get this finished.
29 Harris said that the rates and charges must be used solely for the special project but if it
30 is used for general purposes, it would become a tax. Watts said there is a broad definition for
31 this in the statutes. Harris asked about the 14 years for data input; Irvin said that most of the
32 funding mechanism data is already in the database so there are only a few months' work left to
33 get the additional information.
34 Warner discussed the timing and it was decided to discuss this item at special meetings on
35 February 7, 14 and 21 from 9 a.m. to 1 p.m.
1 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
2 INTO AN AGREEMENT FOR CONSULTING SERVICES BETWEEN
3 WHATCOM COUNTY AND ENVIRONMENTAL RESOURCE SERVICES
4 FOR COMMERCIAL WASTE EVALUATION AND TECHNICAL
5 ASSISTANCE SERVICES (AB92 -040)
6 Van Zanten explained this issue.
7 Laidlaw reported for Finance and recommended approval to Council.
8 SHE SO MOVED.
9 There was discussion between Brenner and Van Zanten about whether the County could
10 charge for this service.
11 The motion carried unanimously.
12 3. BID AWARD RECOMMENDATION FOR A CRAWLER DOZER WITH
13 BLADE AND WINCH TO NC MACHINERY COMPANY FOR $48,381 PLUS
14 SALES TAX (AB92 -041)
15 Van Zanten explained that this will be used by the Parks Department; it is being awarded
16 to the second lowest bidder as the lowest bidder was not responsive.
17 Laidlaw reported for Finance and although the committee had many questions, it finally
18 recommended approval.
19 SHE SO MOVED.
20 Brenner asked how often this is used in a year. Roger De Spain, County Parks Manager,
21 said it is used varying amounts but more often if there is a disaster. It would cost $7,000 per time
22 to rent and there would be a question about whether it would be available; considering this, it
23 seemed cost effective.
24 The motion was carried 5 -2 with Vander Yacht and Imhof against.
25 4. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO EXTEND THE
26 CONTRACT WITH TELCOM MANAGEMENT CONCEPTS FOR
27 CONSULTATION DURING TELEPHONE SYSTEM INSTALLATION AND
28 BUILDING REMODEL /CONSTRUCTION (NOTTO EXCEED $30,902) (AB92-
29 042)
30 Laidlaw reported for Finance and recommended approval.
Minutes, 1/28/92, Page 2
SHE SO MOVED.
2 The motion carried unanimously.
3 5. REQUEST FOR COUNCIL APPROVAL OF THE PROPOSED WATER
4 RESOURCES PROGRAM PLAN FOR 1992 AND TRANSFER OF $50,000 FOR
5 PLAN IMPLEMENTATION (AB92 -043)
6 This item was taken after item 6.
7 Van Zanten explained the Water Resources Program started two years ago and it appears
8 it is certainly a necessity for the future. The money would cover the services of a technical
9 person, preferably one with some water resources training. There are seven major programs set
10 out for Sue Blake, the present sole member, and the proposed person.
11 Laidlaw reported for Finance and recommended approval.
12 SHE SO MOVED.
13 Henderson remarked that Blake had presented this very concisely. He suggested a
14 member of the public could be added to the committees recommended.
15 The motion carried unanimously.
16 6. AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT
17 WITH J.D. EDWARDS & CO. FOR AN INTEGRATED FINANCIAL
18 MANAGEMENT SOFTWARE SYSTEM (AB92 -005) (kept in committee Jan.
19 7)
20 La.idlaw reported for Finance and recommended approval.
21 SHE SO MOVED.
22 . The motion carried unanimously.
23 7. REQUEST FOR CONFIRMATION OF VARIOUS APPOINTMENTS TO
24 COUNTY BOARDS AND COMMISSIONS (AB92 -044):
25 CIVIL SERVICE COMMISSION: REAPPOINTMENT OF TOM WALSTROM
26 TO A FIRST FULL SIX -YEAR TERM TO RUN FROM 1 -1 -92 TO 12/31/97
27 MENTALHEALTHADVISORYBOARD: REAPPOINTMENT OF GUADALUPE
28 GAMA TO HIS SECOND FULL THREE -YEAR TERM TO RUN FROM 1/1/92 TO
29 12/31/94; AND REAPPOINTMENT OF LYNDA NELSON TO HER FIRST FULL
30 THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94.
31 NORTH SOUND REGIONAL NETWORKADVISORYBOARD: APPOINTMENT
Minutes, 1/28/92, Page 3
I OF GUADALUPE GAMA TO HIS FIRST FULL THREE -YEAR TERM TO RUN
2 FROM 1/1/92 TO 12/31/94; AND APPOINTMENT OF PATRICIA WOODALL TO
3 HER FIRST FULL THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94
4 PARK AND RECREATION BOARD: NEW APPOINTMENT OF MARK
5 ANDERSON TO HIS FIRST FOUR -YEAR TERM TO RUN FROM 7/1/91 TO
6 6/30/95
7 WHATCOM COUN'T'Y RURAL LIBRARY BOARD: NEW APPOINTMENT OF
8 RUTH OLTMAN TO HER FIRST FIVE -YEAR TERM TO RUN FROM 1/1/92 TO
9 12/31/96
10 SUBSTANCE ABUSE BOARD: REAPPOINTMENT OF DEBBIE THOMAS TO
11 A SECOND FULL THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94;
12 REAPPOINTMENT OF LAURA WITTER TO HER FIRST FULL THREE -YEAR
13 TERM TO RUN FROM 1/1/92 TO 12/31/94; AND NEW APPOINTMENT OF
14 JANICE SMITH TO FILL A VACANCY FROM RESIGNATION, TO RUN TO
15 12/31/92.
16 Van Zanten explained the recommended appointments.
17 LAIDLAW MOVED THE CONFIRMATION OF THE ABOVE NOMINEES.
18 The motion carried unanimously.
19 8. EXECUTIVE'S REPORT
20 Shirley Van Zanten, County Executive reported on the following items:
21 Interpreter Service (AB92 -084): Van Zanten said we are now subscribing to an interpreter
22 service for those people who have English language difficulties. Hearing impaired services may
23 need to be considered in the future.
24 Parking Study (AB92 -085): Van Zanten said the administration was not asked to sit in on
25 the study and she is not aware of how the area south of Courthouse (as noted in the newspaper
26 article) was considered.
27 Lummi Shore Road (AB91410): Steps are in progress to close areas of this road with
28 detours of 2 miles around the 3/4 mile stretch that will be closed. Primary concern is how it will
29 be looked at in the long run. Long -term solutions are being considered between the Lummi
30 Tribal Council and the County.
31 Report on Alternatives to the Lake Whatcom Connector (AB91- 365A): The report was
32 distributed and Van Zanten explained the issues. She said she did not expect any action tonight
33 as the Council has not had a chance to review it. Planning said a small study could be done on
34 a few options to decide what methods would be the most feasible. Council needs to let them
35 know what options it would like the Administration to pursue.
Minutes, 1/28/92, Page 4
1 Capital Facilities Program (AB92 -050): This report was distributed and Van Zanten
2 explained. The Planning Department is very uneasy as the timeclock is running on the Growth
3 Management issues and Whatcom County may need an extension. There will be more
4 information about the $25,000 in the Parks budget and the $25,000 in the Executive's office which
5 will be leveraged to attain additional staffing.
6 OPEN SESSION
7 Jay Taber, 1212 Raymond (AB90 -113): He submitted a map to show what areas are being
8 proposed for a no- shooting area on Lookout Mountain. This is a request to expand the no-
9 shooting area previously enacted on Galbraith. He said he would be happy to meet with the
10 Public Services Committee.
11 Tom Brown, 7024 Mount Baker Highway (Ab91 -077): Spoke against the Natural Heritage
12 Plan saying Whatcom County does not need the amount of parks proposed. The plan was based
13 on erroneous information and does not take into account the numerous lakes, forest lands
14 totalling 463,000 acres set aside for recreation. Brown said this will increase government
15 employment and government is already the third largest employer with 8,800 employees. He said
16 that Whatcom County has a much larger percentage of land set aside compared to King County;
17 he asked the Council to reconsider the tax and let the people vote on it.
18 Michael Walsh, 1880 Marine Drive (AB91- 071L): Asked about the flood and if the
19 funding would be designated for the Nooksack River area only. He said he is just starting to get
20 on his feet from the last flood.
21 Dick Gilda, 2721 Jenson Road (AB92 -086): He said the lifestyle of County residents is
22 jeopardized by the Growth Management Act. He asked if Warner had said the issue was too
23 important to be voted on; Warner said it was Vanderpol who had made that statement. Gilda
24 said he wants to keep his way of life.
25 - Stan Pfullman, 3456 E. Kelly Road (AB91- 200A): Regarding the Fire District issue
26 (AB91- 200A), He said he is not in a Fire District and disagrees with the moratorium being placed
27 on building permits.
28 Bill Managan, 3897 Mosquito Lake Road (AB91- 200A): He said he lives far enough away
29 from a fire district that he considers it doubtful that any of the fire districts could adequately
30 service his property. He said the Growth Management Act will restrict population that would
31 lessen the involvement in and possibility of a volunteer fire- department.._
32 Martin Keeley, 610 South Beach Road (AB91 -217): He asked if he would be allowed to
33 discuss the Point Roberts Transportation Benefit District issues. Warner said he would make time
34 when there were more definite issues.
35 Barbara Brenner said she has some concerns about the Natural Heritage Task Force.
Minutes, 1/28/92, Page 5
1 Warner upheld it saying it was a mild suggestion to uphold the good things in Whatcom County.
2 He assured the people in the Foothills there is no intention of taking property, or destroying
3 livelihood. Brenner the funding would probably pass at the polls but would make people happier
4 if they had a choice. She said the public is confusing Growth Management and the Natural
5 Heritage Task Force and that is unfortunate.
6 Vander Yacht said representative government has the responsibility to check with the
7 people on a tax. He said he does not agree this is a dodge to send it to the vote. Property taxes
8 are a main means of funding and people should have the opportunity to choose their priorities,
9 said Vander Yacht. Brenner said she does not believe sending it to the vote is shirking
10 responsibility.
11 HEARINGS
12 1. RESOLUTION DECLARING AS SURPLUS AN IBM SYSTEM /36 COMPUTER
13 WITH ADDITIONAL DISK UPGRADE AND AN IBM 8809/Cl COMPUTER
14 TAPE DRIVE (AB92 -011A)
15 The public hearing was opened. Hearing no comment, the public hearing was closed.
16 LAIDLAW MOVED TO APPROVE THE RESOLUTION.
17 The motion carried unanimously.
18 2. ORDINANCE ESTABLISHING A 10-TON WEIGHT LIMIT ON THE GILES
19 ROAD BRIDGE, NO. 40, OVER DAKOTA CREEK, AND PLACING STOP
20 SIGNS ON GILES ROAD (AB92 -004)
21 The public hearing was opened. Hearing no comment, the public hearing was opened.
22 E14HOF MOVED TO ADOPT THE ORDINANCE.
23 Laidlaw said there was a difference in wording: Henken, County Engineer, said the bridge
24 is too far gone to be conditioned. There is no money to replace this bridge but it will go much
25 further up on the list with the State once a weight restriction is in place. School buses and fire
26 trucks must stop and go across in low gear.
27 The motion was carried unanimously.
28 3. ORDINANCE CREATING A LAKE MANAGEMENT DISTRICT FOR LAKE
29 SAMISH, DESIGNATED AT WHATCOM COUNTY LAKE MANAGEMENT
30 DISTRICT NO. 1 (AB92 -029)
31 The public hearing was opened.
Minutes, 1/28/92, Page 6
1 Pat Whitney, E. Lake Samish Way: She asked who would have the responsibility for
2 acquiring easements; Linda Irvin said she believed Bruce Mills, Engineering, will handle this.
3 The public hearing was closed.
4 LAIDLAW MOVED ADOPTION OF THE ORDINANCE.
5 The motion carried unanimously.
6 OTHER ITEMS
7 1. RESOLUTION CANCELLING DELINQUENT PERSONAL PROPERTY
8 TAXES (AB92 -031)
9 Laidlaw explained the procedure required; she said the committee recommended approval
10 to petition Superior Court to have these taxes removed.
11 SHE SO MOVED.
12 This motion was carried.
13 Laidlaw said the total on the bottom of page 77 of the packet should read $2,124.55; she
14 said that the Treasurer only needs to advise the Council and no action is required.
15 ADDENDUM ITEM
16 9. STATUS OF THE WHATCOM COUNTY NOXIOUS WEED CONTROL BOARD
17 (AB92 -030A)
18 Laidlaw reported and recommended for Finance that the Council hold a public hearing
19 no later than February 25 to either continue or deactivate the Board.
20 SHE SO MOVED.
21 The motion carried unanimously.
22 2. RESOLUTION ESTABLISHING A FULL-TIME POSITION FOR THE
23 NOXIOUS WEED CONTROL BOARD (AB92 =030) (this was introduced as an
24 ordinance 1/14)
25 Laidlaw reported for Finance and recommended approval of the resolution.
26 SHE SO MOVED.
Minutes, 1/28/92, Page 7
1 The motion carried unanimously.
2 3. RESOLUTION SETTING A HEARING DATE ON THE POSSIBLE DISPOSAL
3 OF SURPLUS PROPERTY PURSUANT TO WCC 1.10 (AB92 -045)
4 Laidlaw reported for Finance and recommended approval.
5 SHE SO MOVED.
6 The motion carried unanimously.
7 4. COUNCIL COMMITTEES: REVISION OF COUNCIL MEMBER
8 ASSIGNMENTS, INCLUDING APPOINTMENT TO THE DEVELOPMENTAL
9 DISABILITIES COMMITTEE; AND APPOINTMENT OF A COUNCIL
10 MEMBER TO THE NORTH SOUND REGIONAL SUPPORT NETWORK
11 (AB92 -001A)
12 WARNER MOVED THAT KEN HENDERSON BE APPOINTED TO THE
13 DEVELOPMENTAL DISABILITIES COMMITTEE, AND BARBARA BRENNER BE
14 APPOINTED TO THE NORTH SOUND REGIONAL SUPPORT NETWORK AND THE
15 WATER UTILITIES COORDINATING COMMITTEE.
16 The motion was carried unanimously.
17 SECOND ADDENDUM ITEM
18 12. RESOLUTION ROBERT IMHOF BE NOMINATED TO THE NORTHWEST A I R
19 POLLUTION AUTHORITY BOARD (AB92 -049):
20 LAIDLAW MOVED THIS RESOLUTION BE APPROVED.
21 The motion carried unanimously.
22 5. DISCUSSION (POSSIBLE ACTION) REGARDING COUNCIL AND
23 COMMITTEE MEETING TIMES (COMMITTEES WILL MAKE
24 RECOMMENDATIONS) (AB92 -0010)
25 No changes were made in meeting times. _
26 6. APPOINTMENT OF SUPERVISOR, CONSOLIDATED DRAINAGE
27 IMPROVEMENT DISTRICT NO. 1 (AB92 -033)
28 LAIDLAW MOVED TO APPOINT MR. FRED VANDER VEEN TO SERVE UNTIL
29 THE NEXT GENERAL ELECTION.
Minutes, 1/28/92, Page 8
1 The motion was carried unanimously.
2 7. APPOINTMENTS TO THE OPEN SPACE ADVISORY COMMITTEE (AB92-
3 039)
4 IMHOF MOVED TO APPOINT HAROLD BOLT, NANCY COHN, AND JAMES
5 CRANDAI.L TO THE OPEN SPACE ADVISORY COMMITTEE.
6 The motion was carried unanimously.
7 8. ORDINANCE ADOPTING INTERIM REGULATIONS PROHIBITING THE
8 ISSUANCE OF BUILDING PERMITS OUTSIDE OF ESTABLISHED FIRE
9 DISTRICT BOUNDARIES FOR A PERIOD OF 18 MONTHS OR UNTIL
10 COMPLETION OF THE COMMERCIAL /RURAL FORESTRY SPLIT AND
11 ANNEXATION INTO EXISTING FIRE DISTRICTS OR CREATION OF NEW
12 DISTRICTS (AB91 -200A) (kept in committee on Jan. 7; possibly will be a report
13 out of committee)
14 Henderson explained the issue stating the liability of fire districts going outside their
15 districts; he reported this will be held in committee.
16 SECOND ADDENDUM ITEM
17 11. RESOLUTION URGING CONSOLIDATION OF UNPROTECTED COUNTY
18 AREAS INTO FIRE DISTRICTS.
19 Henderson reported for Planning and Development and recommended approval.
20 HE SO MOVED.
21 BRENNER MOVED TO AMEND THE LANGUAGE IN THE RESOLUTION TO
22 ELIMINATE THE THREAT OF MORATORIUM.
23 Vander Yacht said the committee spent some time on this; it was a compromise and he
24 disagreed with the amendment.
25 John Tyler, Deputy Director, Public Works, said the fire districts cannot respond outside
26 their districts without experiencing liability. He said Public-Works _ is trying to inform the public
27 about the boundaries. 9.1s P.M-
28 Items discussed were: public safety; liability; danger of public not knowing what areas are
29 covered; public information; who would pay for the public information; the need for this to be
30 non - confrontational; publicity already having results; the need for support of fire districts.
Minutes, 1/28/92, Page 9
1 Comments were made by: Harris; Brenner; Warner; Laidlaw; Tyler; Henderson..
2 Brenner withdrew her amendment.
3 The motion carried unanimously.
4 Jerry Joubert, Fire Chief, District #13, answered Brenner's question about insurance.
5 ADDENDUM ITEM
6 10. RESOLUTION CANCELLING UNCOLLECTIBLE 1991 PERSONAL
7 PROPERTY TAXES (AB92 -031a)
8 LAIDLAW MOVED TO APPROVE THIS RESOLUTION.
9 The motion carried unanimously.
10 INTRODUCTION
11 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
12 CODE, TITLE 20, CHAPTER 20.72 TO CLARIFY LANGUAGE PROHIBITING
13 SERVICE STATIONS (AB92 -038) (see AB91 -461 AND AB91 -171 for background)
14 (PLANNING)
15 2. APPLICATION FOR CLASSIFICATION OF LAND AS OPEN SPACE /OPEN
16 SPACE, FILED BY CLARA BRANN FOR HENRY PETERSON (AB92 -037)
17 (REFERRED TO PLANNING COMMISSION)
18 3. RESOLUTION DISPOSING OF SURPLUS PROPERTY (AB92 -045A)
19 4. APPLICATION FOR OPEN SPACE CLASSIFICATION, FILED BY KENNETH
20 BRODAHL, ET. AL. (A RE- APPLICATION; TO BE REFERRED TO
21 PLANNING COMMISSION) (AB92 -046)
22 5. APPLICATION FOR OPEN SPACE CLASSIFICATION, FILED BY JAN AND
23 GLENN HARMAN, ET. AL. (A RE- APPLICATION; TO BE REFERRED TO
24 PLANNING COMMISSION) (AB92 -047) -
25 Items 1 -5 were introduced and will be referred for the appropriate action.
26 The Council meeting was adjourned.
27 The Council convened as the Point - Roberts Transportation District Governing Board.
Minutes, 1/28/92, Page 10
1 POINT ROBERTS' TRANSPORTATION DISTRICT GOVERNING BODY
2 1. RESOLUTION ESTABLISHING BYLAWS FOR THE GOVERNING BODY OF
3 THE PT. ROBERTS TRANSPORTATION BENEFIT DISTRICT (AB92 -013)
4 (Action to be taken by Pt. Roberts Transportation District Governing Body)
5 IMHOF MOVED ADOPTION OF THE RESOLUTION.
6 LAIDLAW MOVED TO AMEND LINE 25 TO CHANGE THE WORD "EVEN' TO
7 "BE ".
8 Imhof accepted this as a friendly amendment.
9 The amended motion carried unanimously.
10 The Point Roberts Transportation District adjourned.
11 The Council reconvened as the Flood Control Zone District Board of Supervisors.
12 COUNTY WIDE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS
13 1. RESOLUTION ESTABLISHING BYLAWS FOR THE BOARD OF
14 SUPERVISORS FOR THE COUNTY FLOOD CONTROL ZONE DISTRICT
15 (AB92 -015)
16 IMHOF MOVED TO ADOPT THE RESOLUTION.
17 LAIDLAW MOVED TO AMEND LINE 29, PAGE 2 TO CHANGE THE WORD
18 "EVEN" TO "BE ".
19 Imhof accepted this as a friendly amendment.
20 The amended motion carried unanimously.
21 2. RESOLUTION ESTABLISHING FLOOD CONTROL ZONE ADVISORY
22 COMM.(AB91 -071N)
23 LAIDLAW MOVED THE RESOLUTION BE APPROVED.
24 LAIDLAW MOVED THAT THERE BE A NEW NUMBER SIX STATING THE
25 STAFFING SHOULD BE PROVIDED BY THE ENGINEERING DIVISION WITH THE
26 PRESENT NUMBER SIX BECOMING NUMBER SEVEN
27 There was discussion about the membership of the committee.
Minutes, 1/28/92, Page 11
The motion `carried unanimously.
2 The County Flood Control Zone District adjourned.
3 The Council reconvened.
4 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
5 Meeting Time Conflict: Henderson said he wondered what could be done about the
6 Planning Commission and the Council meeting at the same time. Taylor said he would ask if the
7 Planning Commission would be willing to move.
8 Canvassing of Election Returns: Warner said he, Brenner, and Imhof will be doing the
9 convassing and recanvassing of ballots.
10 Joint Civic Center Study (AB90 -459): Laidlaw said the R /Udat process is well on its way
11 now.
12 League of Women's Voters and Community College Class on Government: Laidlaw
13 mentioned the mock hearing that will be held before the Hearing Examiner with class members
14 playing the different roles.
15 Friends of Sumas Mountain (AB92 -003): Harris noted that logging is beginning practially
16 in the backyard of a resident. The agent for the logging company is being very understanding as
17 they see the writing on the wall; it will probably come to the Council with the recommendation
18 that it is a public safety issue.
19 Laidlaw suggested the Council convene at 4 p.m. on Tuesday, February 4 and go through
20 the Capital Facilities and Natural Heritage Task Force Plan, and then the Lake Whatcom
21 Connector (approximately one hour each). The Council agreed with Laidlaw's suggestion
22 The meeting adjourned at 9:55 p.m.
23
24 ATTEST:
25
26 Barb a Maher, Deputy erk
J
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Daniel M. Warner, Chairman
Minutes, 1/28/92, Page 12