HomeMy WebLinkAboutCounty Council January 7 19922
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WHATCOM COUNTY COUNCIL
Regular Meeting
January 7, 1992
4 The meeting was called to order by Council Chairman Dan Warner in the Council
5 Chambers, 1000 N. Forest Street at 7 p.m.
6 Pri went Absent
7 Emily Jackson None
8 Don Hansey
9 Mary Vanderpol
10 Bob Imhof
11 Marge Laidlaw
12 Dennis Vanderpol
' � � _ -� ! _ - � � . � �. _ � . � ►L 11.11_. .
14 The minutes of the November 19, November 26, December 3, December 10 and
15 December 17 meetings were presented. Hansey noted on November 26 minutes, page 6,
16 line 10, it should read 4 -3 with Warne, Vander Yacht and Imhof opposed on the motion
17 to extend the contract with the Firs. Laidlaw and Jackson discussed the abstention of votes
on the Rezone of Central and Hannegan issue (AB91 -433) on the December 17 minutes.
19 Warner asked that the verbatim comments be put in the minutes. The minutes were
20 accepted with the changes indicated.
21 E, XX CLEM ITEMS
22 1. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
23 INTO A CONTRACT WITH J.D. EDWAR'DS & COMPANY FOR
24 FINANCIAL MANAGEMENT SOFTWARE (AB92 -005)
25 Vanderpol stated that this had been kept in committee.
26 2. REQUEST FOR APPROVAL OF A SOLE SOURCE PURCHASE OF AN
27 IBM AS /400 D35 COMPUTER AND OPERATING SOFTWARE FROM
28 IBM CORPORATION IN THE AMOUNT OF $209,952.36, INCLUDING
29 SALE TAX (AB92 -006)
30 Tom Sutberry, Deputy Administrator, explained this issue.
31 Vanderpol reported for Finance and recommended approval.
32 HE SO MOVED.
The motion carried unanimously.
34 (This has an accompanying resolution, item 3 on page 2 under Other Items.)
1 3. REQUEST FOR APPROVAL OF BIDDER'S LIST, RFQ #92 -01,
2 PROFESSIONAL SERVICES: GENERAL REQUIREMENTS FOR
3 PROFESSIONAL REAL PROPERTY APPRAISAL SERVICES FOR 1992
4 (AB92 -007)
5 4. REQUEST FOR APPROVAL OF BIDDER'S LIST, RFQ #92 -01,
6 PROFESSIONAL SERVICES: GENERAL REQUIREMENTS FOR
7 PROFESSIONAL ARCHITECTURAL, ENGINEERING AND OTHER
8 CONSULTING SERVICES FOR 1992 (AB91 -008)
9 Vanderpol reported for Finance and recommended approval of items 3 and 4.
10 HE SO MOVED.
11 Jackson said she had some concerns about this issue and wanted clarification.
12 Sutberry said this went through on an Executive Order. There was further discussion among
13 Vanderpol, Vander Yacht and Imhof on this issue.
14 The motion carried 6.1 with Jackson against.
5. REQUEST FOR ACCEPTANCE OF TREASURE'R'S PROPERTY' TAX
16 REFUND LIST (AB92.009)
17 Vanderpol reported for Finance and recommended approval of the request for
18 acceptance of Treasurer's Property Tax Refund List which includes a resolution.
19 HE SO MOVED.
20 The motion carried unanimously.
21 6. APPOINTMENTS TO THE HEALTH DEPARTMENT ADVISORY
22 BOARD (AB91 -010)
23 Sutberry said they were recommending the following members for four -year teams:
24 Eunice Cole; Robert Mitchell; Catharine C. Stimpson; and Peter Willing. For two -year
25 terms the following were recommended: Jean Gorton; Don Haggen; John Rietz; and Judy
26 Slotemaker.
27 LAIDLAW MOVED CONFIRMATION OF THE NOMINEES.
28 Imhof said he was surprised at the choices; Warner commented that the members
29 are not chosen for expertise but input on programs.
Minutes, 1/7/92, Page 2
The motion carried 6 -1 with Imhof against.
2 7. EXECUTIVE'S REPORT
3 Sutberry distributed the Division of Engineering Progress Report,
5 No one spoke.
7 1. PETITION FOR FRANCHISE, FILED BY BLACK ROCK CABLE, INC.
8 (AB91 -381)
9 The public hearing was opened.
10 Paul de Armond, 900 Highland Drive: Mentioned the need for word changes on
11 page 11, line 22, adding "public, educational and governmental access." His concerns were:
12 adequate standards of signal quality at the receiver's end; a mailing that appears to be a
I- request for financing; the enormous costs of stringing lines would prohibit competition;
14 technical aspect, public access; he has concerns about the background investigation on the
15 applicant; the Council meetings could be broadcast on public television.
16 Arnie Klaus, Puget Sounders: He said he is concerned this ordinance is very weak
17 as far as sound quality, knowledge of rate structures and public access. He said any
18 advertiser has the right to advertise on a channel.
19 The public hearing was closed.
20 john Kehres, sole proprietor, Black Rock Cable, Inc.: Said public access that Mr.
21 de Armond mentioned is usually needed more for urban area; for such a small situation
22 (1100 prospective users) it would be prohibitive to tack on costs for cameras and studios.
23 Kehres said the operation will be subject to Federal Communication Commission (FCC)
24 regulations. He said a fiber optics system would be used to keep interference. to a
25 minimum.
26 JACKSON MOVED TO ADOPT THE ORDINANCE.
27 JACKSON MOVED TO AMEND BY DELETING "PUBLIC SERVICE
28 PROGRAMMING" ON LINE 22 OF PAGE 11 AND ADDING "PUBLIC,
29 EDUCATIONAL AND GOVERNMENTAL ACCEISS."
Minutes, 1/7/92, Page 3
The amendment was carried.
2 Items discussed were: signalization; enforcement; signal leakage; what powers Council
3 has in this instance.
4 Comments were made by: Kehres, Jackson, Vander Yacht; Randall Watts, Chief
5 Civil Deputy Prosecutor.
6 The amended ordinance was carried unanimously.
7 2. ORDINANCE IMPOSING A CONSERVATION FUTURES PROPERTY
8 TAX LEVY AND CREATION OF FUND (AB91 -470)
9 Keith Willnauer, Assessor, commented on the impacts that may be felt by some of
10 the Cemetery and Fire Districts if this is adopted.
11 The public hearing was opened.
12 Craig Cole, business person and chair of the Natural heritage Task Force: he said
13 the size of the problem is minimal, approximately $15,000. Thanked the Council for passing
14 the Natural Heritage Task Force (NHTF) program; the tax levy can make a difference in
15 preserving the way of life in Whatcom County; tax comes to $6.25 per $100,000 home. This
16 has been subject to two public hearings.
17 Tom Broom, Mt. Baker Hwy: He said he is against this tax that has come up on very
18 short notice for a vote on a tax to be taken. He said by purchasing land and stopping
19 logging the tax base will be reduced; maintenance of the newly- purchased sites as well as
20 increased liability for tort claims will cause economic hardship. He said he respects the
21 people who worked on this but the ability to make a living has to be protected.
22 He said he had a list of 300 games who wish this be put on a ballot.
23 Lloyd Austin, 1838 Lakeside: He spoke in favor of the plan.
24 Pat Milliken, Everson Goshen Road: He said this is not much money to be
25 requesting and that previous purchases have proven very beneficial to the County.
26 Leslie Clarke, 3122 Goshen Road: Hopes to allay Mr. Brown's concerns as the major
27 concern was to preserve the area around urban areas. She said it was not the intent of the
28 Task Force to eliminate logging and take away work.
29 David Bell, Fourth Corner Development Group, 1203 Cornwall Ave: His group has
30 spent considerable time with the Task Force and endorses their efforts. Changing
31 economics will cause demand for increased development so there will be increased revenue
32 in the area. If the community does support this, now is time to act.
Minutes, 1/7/92, Page 4
I Dana Beach, Maple Falls: Asks if this could be put to the voters, so the people will
2 know it's the will of the people.
3 Jay Taber, 1212 Raymond: Said there is a savings in not having to clean up areas
4 because of neglect. He said this is a modest start but is worthwhile.
5 Sberilyn Wells, Friends of Lake Whatcom: Said there is provision for purchasing
6 land in the watershed in the plan. There would be increased tourism to help the tax base.
7 Phyllis Graham, Blaine: She said there were lots of public meetings. She said this
8 does not mean the purchase of all properties even though the option is there. She is greatly
9 in favor of passage of this ordinance,
10 Tom Brown; Wants to have more information made available to the outlying areas.
11 View protection and scenic backdrop protection within miles of properties is aimed at
12 eliminating all commercial profit from logging.
13 The public hearing was closed.
14 HANSEY MOVED THE ADOPTION OF THIS ORDINANCE.
Jackson said she would support this is if it was on the ballot and the public could
16 decide. She does not want to take the easy way out on her last meeting and agree when she
17 has reservations.
18 Vander Yacht said he would prefer it go on the ballot; the school system is going to
19 need more funding now that timber sales are down.
20 HANSEY MOVED AN AMENDMENT TO ADD AT THE END OF LINE 331
21 "NO REVENUE GENERATED BY THIS TAX CAN BE USED TO ACQUIRE ANY
22 REAL PROPERTY OR PROPERTY INTERESTS BY EMINENT DOMAIN:'
23 The amendment was unanimously approved.
24 Items discussed were: what areas could be developed; could the money lost by the
25 taxing district be taken from this fund; the money would have to come from Current
26 Expense.
27 Comments were made by: Vanderpol, Jackson and Watts.
28 VANDERPOL MOVED AN AMENDMENT STATING "THE DIMINUTIONS OF
29 REVENUE SUFFERED BY JUNIOR TAXING DIS'T'RICTS AS A RESULT OF '1` H[E
30 ADOPTION OF THIS ORDINANCE SHALL BE REIMBURSED FROM SUCH OTHER
31 SOURCES AS THE COUNCIL MAY APPROVE."
Minutes, 1/7/92, Page 5
Imhof said he would prefer that this go to the voters.
Sutberry said he would caution the Council to not make any recommendations to
reimburse a special district.
Vanderpol withdrew his amendment.
Warner spoke in favor of the ordinance.
Vander Yacht said that he does not believe that some things are too important to
send to the voter.
Vanderpol said it is too important to put out to a vote because it would be a copout
to not make a decision on it. This will be an investment that will make properties more
valuable.
Sutberry said this has to be implemented by Fall 1992 to be collected in 1993.
12 The ordinance was adopted 4 -3 with Jackson, Vander Yacht and Imhof against.
13 +Cl'!'HER ITEMS
14 1. ORDINANCE ADOPTING INTERIM REGULATIONS PROHIBITING
15 THE ISSUANCE OF BUILDING PERMITS OUTSIDE OF ESTABLISHED
16 FIRE DISTRICT' BOUNDARIES FOR A PERIOD OF 18 MONTHS OR
17 UNTIL COMPLETION OF THE COMMERCIAL /RURAL FORESTRY
I u SPLIT AND ANNEXATION INTO EXISTING FIRE DISTRICTS OR
CREATION OF NEW DISTRICTS (AB91 -200A)
20 This item was kept in committee.
21 2. ORDINANCE IMPOSING A MORATORIUM ON THE EXPANSION OF
22 SERVICE STATIONS AT POINT ROBERTS (AB91 -461)
23 LAIDLAW MOVED ADOPTION OF THIS ORDINANCE.
24 The motion. carried 6 -0 with Jackson out of the room,
25 3. RESOLUTION SETTING A HEARING TO DECLARE PROPERTY
26 SURPLUS (IBM SYSTEM 36 COMPUTER WITH ADDITIONAL DISK
27 UPGRADE AND AN IBM 8809/Cl COMPUTER TAPE DRIVE) (AB92-
28 011)
29 Vanderpol reported for Finance and recommended approval.
30 The motion carried unanimously.
31 4. ORDINANCE AMENDING THE 1992 SHERIFFS DEPARTMENT
32 BUDGET (AB91471)
Minutes, 1/7/92, Page 6
Vanderpol reported for Finance and recommended adoption.
2 The motion carried unanimously.
;tyi e JUN i e
4 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON
55 CU 491, SWIFT CREEK GRAVEL, FILED BY TOM DYKSTERHUIS (AB91-
7 2. RESOLUTION TO SELL SURPLUS PROPERTY (IBM SYSTEM 36
9 889TPE DE) (K UPGRADE AND AN IBM
01 COMPUTERA DRIVER) AB92-- 11A)
10 3. RESOLUTION ESTABLISHING BYLAWS FOR THE GOVERNING
11 BODY OF THE PT. ROBERTS TRANSPORTATION BENEFIT
DISTRICT
13 TRANSPORTATION A
I
DISTRICT GOVERNING BODY)
ROBERTS
14 4. RESOLUTION ESTABLISHING BYLAWS FOR THE BOARD OF
15 SUPERVISORS FOR THE COUNTY FLOOD CONTROL ZONE
16 DISTRICT AB92 -015) {ACTION TO BE TAKEN BY BOARD OF
17 SUPERVISORS, COUNTY FLOOD CONTROL ZONE DISTRICT)
18 Items 14 were received and will be forwarded for the appropriate action.
19 POINT ROBERTS TRANSPORTATION DISTRICT GOVERNING BODY
20 The Council meeting was recessed and the Council convened as the Point Roberts
21 Transportation District Governing Body.
22 1. HEARING: RESOLUTION ADOPTING FOR POINT ROBERTS
23 TRANSPORTATION BENEFIT DISTRICT A ONE CENT PER GALLON
24 TAX ON THE SALE OF GASOLINE (AB91 -439)
25 The public hearing was opened. There was no comment and the public hearing was
26 closed.
27 VANDERPOL MOVED THIS RESOLUTION BE APPROVED.
28 L.AIDLAW MOVED TO AMEND PAGE ONE OF THE RESOLUTION LINE 28
29 BY ADDING "FOR SUCH TRANSPORTATION PURPOSES AS IS ALLOWED BY
30 STATE LAW."
31 Vanderpol accepted this as a friendly amendment.
32 The amended resolution was carried unanimously.
33 The meeting was adjourned as the Point Roberts Transportation Benefit District
34 Governing Body and reconvened as the Council.
35 REPORTS AND OTHER ITEMS FROM COX NCIL MEMBERS
Minutes, 1/7/92, Page 7
1 Town Meeting on Taking: Laidlaw said there would be a debate on "taking private
2 property" by several local attorneys on January 15th at the Whatcom Museum, 7 -9:30 p.m.
3 Town Meeting on the Critical Areas Ordinance: Laidlaw said there will be several
4 workshops and town meetings this week on this issue and it will come to the Council in
5 March.
6 New Baby: Imhof said his new daughter, Hannah Marie, was born over the holidays
7 (a sister for three year old Ian).
8 Swearing-In Ceremony: Warner said the swearing -in ceremony will be Monday,
9 January 13.
10 Tape on Democracy: Jackson said she was donating 20 copies of a tape made by the
11 National Association of Counties to the County Library System; the tape teaches basic
12 democracy.
13 Thank you: Jackson thanked Randy Watts for his hard work on Council matters
14 during her term.
15 The meeting was adjourned at 9:55 p.m.
16 WHATCOM COUNTY COUNCIL
17 ATTEST: WHATCOM COUNTY, WASHINGTON
18
19 Bas ara Maher, Counci '£lerk Daniel M. Warner, Chairman
Minutes, 1/7/92, Page 8