HomeMy WebLinkAboutCounty Council March 24 19921 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 March 24, 1992
4 The meeting was called to order by Council Chair Daniel M. Warner at 7 p.m. in the
5 Council Chambers, 1000 N. Forest.
6 Present Absent
7 Dennis Vander Yacht None
8 Ken Henderson
9 Marge Laidlaw
10 Barbara Brenner
11 Bob Imhof
12 Larry Harris
13 READING AND APPROVAL OF MINUTES
14 The minutes of the Feb. 4, 11, and 25 meetings were accepted with several scrivner's
15 corrections to be made.
16 EXECUTIVE ITEMS
17 1. BID AWARD RECOMMENDATION FOR A MICROFILM READER
18 PRINTER TO THE ONLY RESPONSIVE BIDDER, ALPHA
19 INFORMATION MANAGEMENT FOR $15,689 INCLUDING TAX (AB92-
20 136)
21 Van Zanten explained the bid award.
22 Laidlaw reported for Finance and recommended approval.
23 SHE SO MOVED.
24 The motion carried unanimously.
25 2. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
26 INTO AN AGREEMENT FOR CONSULTING SERVICES WITH
27 EPICENTER ASSOCIATES TO DEVELOP THE 1992 WHATCOM
28 COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
29 UPDATE FOR APPROXIMATELY $70,000 (AB92 -137)
30 Van Zanten explained this issue.
31 Laidlaw reported for Finance and recommended approval.
.s2 SHE SO MOVED.
1 The motion carried 5 -2 with Brenner and Vander Yacht against.
2 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
3 INTO AN AGREEMENT FOR MENTAL HEALTH SERVICES WITH
4 CATHOLIC COMMUNITY SERVICES NORTHWEST FOR $48,710
5 (AB92 -138)
6 Laidlaw reported for Finance and recommended approval.
7 SHE SO MOVED.
8 The motion carried unanimously.
9 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
10 INTO AN AGREEMENT FOR AIDS SUPPORT SERVICES WITH
11 EVERGREEN AIDS SUPPORT SERVICES FOR $24,330 (AB92 -139)
12 Laidlaw reported for Finance and recommended approval.
13 SHE SO MOVED.
14 The motion carried unanimously.
i5 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
16 INTO AN AGREEMENT FOR THE DESIGN OF A TRAFFIC SIGNAL
17 AT THE INTERSECTION OF THE LAUREL ROAD WITH THE GUIDE
18 MERIDIAN FOR $13,475 (AB92 -140)
19 Laidlaw reported for Finance and recommended approval.
20 SHE SO MOVED.
21 The motion carried unanimously.
22 6. BID AWARD RECOMMENDATION FOR A BOAT CHARTER TO
23 PROVIDE TEMPORARY PASSENGER SERVICE TO LUMMI ISLAND
24 DURING THE DRY - DOCIGNNG OF THE WHATCOM CHIEF TO THE
25 LOW BID, BELAIRCO, INC., FOR A MAXIMUM OF $25,000 (AB92-
26 141)
27 Laidlaw reported for Finance and recommended approval.
28 SHE SO MOVED.
Minutes, 3/24/92, Page 2
The motion carried unanimously.
2 7.' BID AWARD RECOMMENDATION FOR THE 1992 DRY - DOCKING,
3 REPAIR AND MAINTENANCE OF THE WHATCOM CHIEF TO THE
4 LOW BID, THE DUWAMISH SHIPYARD, INC. OF SEATTLE, FOR
5 $98,763 (AB92 -142) ,
6 Laidlaw reported for Finance and recommended approval.
7 SHE SO MOVED.
8 The motion carried unanimously.
9 8. REQUEST FOR CONFIRMATION OF VARIOUS BOARD APPOINTMENTS
10 (AB92 -143):
11 A. COUNTY APPEALS BOARD:
12 • NEW APPOINTMENT OF RICK DUBROW TO HIS FIRST,
13 FULL THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94. HE
14 IS REPLACING MARK BRATT WHO SERVED TWO TERMS AND IS
15 NOT ELIGIBLE FOR REAPPOINTMENT.
16 B. DEVELOPMENTAL DISABII.ITIES BOARD:
17 • REAPPOINTMENT OF CAROL OSIER TO HER FIRST FULL
18 THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94. THIS WILL
19 BE MS. OSIER'S FIRST FULL TERM AS SHE WAS APPOINTED IN 1991
20 TO COMPLETE A TERM.
21 • NEW APPOINTMENT OF ROBERT GIST TO HIS FIRST FULL
22 THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94. HE IS
23 REPLACING DONALD WENKE WHO SERVED TWO TERMS AND IS
24 NOT ELIGIBLE FOR REAPPOINTMENT.
25 • NEW APPOINTMENT OF JOHN AABY TO HIS FIRST FULL
26 THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94. HE IS
27 REPLACING TERRY COLLINS WHO SERVED TWO FULL TERMS
28 AND IS NOT ELIGIBLE FOR REAPPOINTMENT.
29 • NEW APPOINTMENT OF JILL HECKATHORN TO HER FIRST
30 FULL THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94. SHE
31 IS REPLACING JANE BERRY WHO SERVED TWO FULL TERMS AND
32 IS NOT ELIGIBLE FOR REAPPOINTMENT.
33 • NEW APPOINTMENT OF PAUL WOODCOCK TO HIS FIRST
34 FULL THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94. HE
35 IS REPLACING RAYNELL DIEHL WHO CHOSE NOT TO BE
36 CONSIDERED FOR REAPPOINTMENT.
37 • NEW APPOINTMENT OF KIMBERLY HOPELY TO COMPLETE
Minutes, 3/24/92, Page 3
1 THE TERM OF DAVID HUTCHINSON WHO RESIGNED. HER TERM
2 WILL RUN UNTIL 12/31/93.
3 C. MENTAL HEALTH ADVISORY BOARD:
4 • NEW APPOINTMENT OF BRENDA BROOKS TO HER FIRST
5 FULL THREE -YEAR TERM TO RUN FROM 1/1/92 TO 12/31/94. SHE
6 WILL BE REPLACING JODY MCBEE WHO RESIGNED.
7 Van Zanten explained each of the above issues.
8 HENDERSON MOVED TO CONFIRM ALL THE ABOVE APPOINTMENTS.
9 The motion carried unanimously.
10 9. REPORT ON LAKE WHATCOM TRANSPORTATION ISSUES (AB91 -365A)
11 This issue will be referred to the Public Service and Solid Waste Committee for
12 review.
13 10. EXECUTIVE'S REPORT
14 County Executive, Shirley Van Zanten presented the following report:
i5 Resignation of Medical Examiner: Dr. Rood has resigned and Tom Sutberry, Deputy
16 Administrator, is worldng with a group of people to design a process to fill this position.
17 Clean Water Fund Grant Application (AB92 -158): This will require a matching
18 amount to be provided by the County.
19 Permit Report from Buildings & Code: This number of applications is up from the
20 1991 figures.
21 Re- addressing update (90 -201): A memo from John Tyler was distributed. Van
22 Zanten said it is essential to get some help in this regard.
23 Flood Control Zone District per Parcel Funding Mechanism (AB92 -106): The
24 information was distributed. Van Zanten said it would be difficult to meet the deadline to
25 collect funds in 1993.
26 OPEN SESSION
27 Frank Winslow, Functional Disabilities Association (AB92 -133): He said he
28 disagrees with representation on the Northwest Regional Council; he also mentioned the
29 need for a division of Functional Disabilities and Mental Health.
30 Sherilyn Wells, 1020 Geneva (AB91- 129A): Urged the Council to write the
31 Governor regarding SB2676 as well as SB6273 which appears to remove local control of the
32 use of pesticides.
Minutes, 3/24/92, Page 4
1 Herb Gerhardt, Elizabeth Street: Concerned about Silver Lake. He stated that there
2 are changes that may destroy one of the most beautiful spots in our County. He said he
3 blames the timber cuts and the use of gasoline motors on the lake. He urged the Council
4 to intervene.
5 Jay Taber, 1212 Raymond Street (AB9-1- 365A): He experienced a degree of
6 frustration with the Transportion Study; he is pleased that the Council of Governments has
7 instructed the City and County staff with experience in this area to work with the Planning
8 Department and the County Engineer.
9 Art Anderson, 5326 Williams Road (91 -246): On April 1st the taxpayers will be
10 having a meeting regarding the homeless who live under the bridge at Nugents Comer. He
11 said he and his neighbors are very concerned about these people.
12 The open session was closed.
13 HEARINGS
14 RESOLUTION ADOPTING THE 1991 UPDATE OF THE WHATCOM COUNTY
15 SHORELINE MANAGEMENT PROGRAM AND REFERRING IT TO THE
16 DEPARTMENT OF ECOLOGY FOR FINAL APPROVAL (1/2 HOUR STAFF
17 PRESENTATION, FOLLOWED BY HEARING TESTIMONY) (AB91 -347)
18 Terry Galvin, Planning Department: He mentioned the historical data connected
19 with this issue. It was originated in early 1990 and many hours were spent creating this
20 document. This does require final Department of Ecology approval and will come back for
21 final approval. He noted changes in the Little Squalicum area from urban development to
22 conservancy; Lilly Point in Point Roberts converted from conservancy to natural; Governor's
23 Point from Rural to Conservancy; Neptune Beach from Natural to a Rural Designation. He
24 noted the text changes as follows: Public access to beaches; aquaculture; conservancy
25 designation requires local control of forest practices within 200 feet of the shoreline; docks
26 have been increased in length but cannot be extended once in place. Galvin discussed a
27 memo written to Van Zanten.
28 Items discussed were: forest practices used in conservancy in conditional use;
29 preservation of water quality and water quantity in Whatcom County; legal review.
30 Comments were made by: Harris; Galvin; Vander Yacht.
31
32 Warner outlined the number of public meetings that have been held and will be held
33 on this issue.
34 The public hearing was opened.
Minutes, 3/24/92, Page 5
1 Warner said the comments will be received for two weeks and no action will be made
2 tonight.
3 Mike Granat, Squalicum Valley: He chaired the committee and said the members
4 became "Galvinized" while on this committee. He said Laidlaw kept them moving in the
5 proper direction. Granat mentioned the diverse make -up of the committee and said they
6 were totally in opposition at the start but over the period of a year were able to work
7 together to come up with a good project. He urged the approval of this Program.
8 Chris Spens, 1111 Lake Whatcom Boulevard: He said he is the City of Bellingham
9 water specialist. He stated Whatcom Lake has a wide variance in its level and there would
10 be a problem with the 4 feet depth so he would recommend site specific dock review. He
11 said Governor's Point needs a natural designation as it is so beautiful.
12 Rod Pemble, 3020 Cedarwood: He said he is a daily walker on Little Squalicum
13 Beach and is happy it will have more public access protection. Some homeowners have cut
14 trees and have let them fall from the bluff close to the beach area.
15 Albert W. Marshall, 2781 West Shore Drive: He said he wrote a letter to Council
16 two years ago asking that the west shore of Lummi Island be designated as natural to
17 preserve the falcons situated there.
18 Scott Plank, 1510 North Shore Drive: He said he is in the marine business and is
9 concerned about the 4 foot water depth on Lake Whatcom; three out of the last seven years
20 the lake has been less than that. There was no length specified for the docks.
21 David Shmalz, 2406 Spruce Street, Vice President of the Audubon Society: Urged
22 approval of the Shoreline Plan. He said he is happy with the proposed changes but would
23 prefer a stronger designation for Governor's Point.
24 Laura Lee Brakke, 585 Pleasant Bay Road: Urges the Council to adopt this as soon
25 as possible. Her concerns were: sideyard setbacks; design of homes; distance of homes from
26 the shorelines; the concern that heights would be increased; public access to the shorelines.
27 She said she supports the map changes and supports passing this as interim regulations. She
28 would recommend a moratorium on building permits until these regulations are in place.
29 Steve Irving, 6023 North Star Road: He agrees with the map changes. He said the
30 Anderson Farm should be considered.
31 Sharon Shayes, Pleasant Bay Road: Urged this be passed as interim regulations.
32 Janet Wynn, 683 Pleasant Bay Road: Urged this be passed as interim regulations as
33 further delay will render this as totally ineffective. Against the sideyard setback as a trade -
34 off as it would be impossible to control.
Minutes, 3/24/92, Page 6
1 Sherilyn Wells, 1020 Geneva: Friends of Lake Whatcom urge the Council to approve
2 this item.
3 Monty McIntyre, 585 Pleasant Bay Road: He said he lives in a house built by his
4 grandfather and wishes it were set further from the beach. He stated he had heard there
5 are plans for 140 homes on Governor's Point.
6 Bob Tull, 119 Grand Avenue: Said there has not been adequate. notice. In light of
7 the Council's recent awareness of what-is going to take place, this has not been given the
8 same attention. He said Galvin brought additional changes last week and this March 18
9 document should have been available weeks ago. He said a vast majority of the changes are
10 good, but the rights of the property owners have not been addressed.
11 Steve Irving, 3060 North Star Road: He said he had no trouble getting the
12 documents or finding out when the meetings were scheduled.
13 Steve DeBolt, 5203 Drayton Harbor Road: He said the wetlands and the shorelines
14 issue will eliminate a lot of land for building sites. He is concerned that additional
15 restrictions will make it expensive for the existing owners to provide access. to shorelines and
16 owners should be compensated.
17 JoAnn Ferringer, 799 Chuckanut Shore Road: Responded to Mr. Tull and said they
18 would not be able to read his comments if they came in late.
19 The public hearing closed.
20 Terry Galvin asked if letters could be made available for the committee meeting.
21 COUNTY-WIDE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS
22 HEARING: RESOLUTION ADOPTING FUNDING MECHANISM FOR
23 COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT
24 AND AUTHORIZATION FOR COLLECTION OF
25 CHARGES (AB92 -106)
26 Warner explained this issue.
27 The meeting was recessed as the Whatcom County Council and convened as the
28 Flood Control Zone District Board of Supervisors.
29 Kenneth Bridges, 4016 Toad Lake Road: He said he was concerned about the
30 proposed funding inequity. He said this fee or levy will be included in his tax statement so
31 if he does not pay, he could lose his property by foreclosure. Buyers should be forewarned
32 they are buying in the flood plain. He is afraid this proposed tax will become permanent.
Minutes, 3/24/92, Page 7
1 Fred Nowicke, 4153 Berg Road: Everyone in this County uses the County roads and
2 parks, people with no children pay for schools, and people who don't use the parks still pay
3 for the parks. In a few years, the people who benefit the most will pay the most. He stated
4 this is a county -wide problem and everyone needs to help solve it.
5 Bob Knutsen, 6070 Saxon Road: He said -he can sit on his property and see people
6 using the river for innertubing and boating. He said he wants everyone in the county who
7 enjoys the river to pick up the tab.
8 Steve Irving, 6022 Northstar Road: Wants to see public access and he does not mind
9 paying.
10 Arthur Anderson, 5326 Williams: He said we are fortunate we did not have a flood
11 this year and we aren't discussing casualties. Urges the Council to adopt this policy.
12 Bob Mitchell, Mayor of Sumas: Urges the Council to adopt this resolution. He said
13 Sumas was severely impacted as residents are still moving because of this. Several Canadian
14 companies have decided not to locate their business in Sumas because of the uncertain flood
15 control, so they are still losing economically because of the floods.
16 Sherilyn Wells, 1020 Geneva: Supports paying for the flood control zone district.
17 She said she thinks the people who are exacerbating this problem should pay larger
18 amounts. She urged the County to use the expertise of Wolf Bauer, an engineer who
19 specializes in rivers.
20 Randy German, 2015 Old Fairhaven Parkway: This is throwing money at it. The
21 trend of the future is to let the water do what it is going to do and not throw money at it.
22 The logging should be decreased near the river.
23 Bill McCoy, 1951 Marine Drive: In favor of a funding program. The people who live
24 along the rivers are not causing all the problems. Those building new homes are causing
25 some of the problems so they need to help pay for it.
26 The public hearing will be continued to April 7th.
27 Brenner said she supports the concept but feels the bulk of the burden falls on the
28 people who can least afford to pay. She will distribute her funding proposal.
29 Items discussed were: where the money could be borrowed; benefit to residents; if
30 the County meet the deadline.
31 Comments were made by: Henderson; Vander Yacht; Imhof; Laidlaw.
32 It was decided to meet at 9:30 to 11 :30 a.m. on Tuesday, March 31, to discuss this
Minutes, 3/24/92, Page 8
1 matter.
2 Warner said he would like to discuss the Computech memo and the varying funding
3 grids.
4 The meeting was adjourned as the Flood Control Zone District Board of Supervisors
5 and reconvened as the Council.
6 OTHER ITEMS
7 This section was moved ahead of the public hearings.
8 1. RESOLUTION RECOMMENDING RESTRUCTURING THE FINANCE
9 ACTIVITIES OF WHATCOM COUNTY GOVERNMENT (AB92 -125)
10 (POSTPONED FROM 3/10)
11 Laidlaw reported for Finance and recommended approval.
12 SHE SO MOVED.
13 Terry Hinz, County Budget Manager, explained the proposed changes. The line of
14 authority would change, and there would be centralized budget control.
15 Bob Woods, Council Budget and Program Analyst, said input to the new computer
16 system would be in the departments, but the overall control would be in the Executive's
17 office. Staffing will be discussed at a later date. The County will be going from a highly
18 manual system to a highly computerized system; this will bring the County from the 1920s
19 to the 1990s.
20 Barbara Cory, Treasurer, said she did not disagree with the recommendation but
21 wanted to know how receivables would be handled; normally this is a natural function of
22 the Treasurer's office.
23 Shirley Forslof, Auditor, said she believes they have been doing a good job and have
24 been providing the appropriate checks and balances. She said if this goes through, she does
25 hope the audit function will be retained in her office.
26 The motion carried unanimously.
27 Warner thanked the committee consisting of Bob Woods, Terry Hinz, Barbara Cory,
28 Brad Bennett, Colleen Bates Hansen, outside member.
29 2. ORDINANCE TO REVISE CHAPTER 3.08 OF THE WHATCOM
30 COUNTY CODE THAT ESTABLISHES THE PURCHASING
Minutes, 3/24/92, Page 9
DEPARTMENT (AB92 -129) (FINANCE)
2 Held in committee.
3 3. ORDINANCE AMENDING THE 1992 BUDGET (AB92 -130)
4 (FINANCE)
5 Laidlaw summarized the changes and a Substitute Ordinance was distributed.
6 The Non - Departmental budget would be decreased by $30,000 and the Council budget
7 would be increased by $17,000 (for the critical areas ordinance mailing).
8 Laidlaw stated that Finance recommended approval of the substituted ordinance.
9 SHE SO MOVED.
10 The motion carried unanimously.
11 INTRODUCTION
12 1. ORDINANCE REGARDING THE ANNEXATION OF CERTAIN
13 PROPERTIES NEAR THE WELCOME FIRE STATION TO FIRE
14 DISTRICT NO. 14 (AB91 -200C) (HEARING TO BE SCHEDULED,
15 POSSIBLE REVIEW BY PLANNING)
16 2. ORDINANCE CREATING A NO SHOOTING ZONE IN THE AREA OF
17 EAST LAUREL (AB90 -251) (HEARING TO BE SCHEDULED; POSSIBLE
18 REVIEW BY PLANNING OR PUBLIC SERVICES)
19 3. ORDINANCE CREATING A NO SHOOTING ZONE IN THE AREA OF
20 NORTH LOOKOUT MOUNTAIN AND LAKE PADDEN- SAMISH WAY
21 AREAS (AB92 -052) (HEARING TO BE SCHEDULED; POSSIBLE
22 REVIEW BY PLANNING OR PUBLIC SERVICES)
23 4. ORDINANCE REPLACING WHATCOM COUNTY CODE 9.32
24 REGARDING UNLAWFUL DISCHARGE OF FIREARMS AND BOW
25 AREAS (AB92 -032) (HEARING TO BE SCHEDULED; POSSIBLE
26 REVIEW BY PLANNING OR PUBLIC SERVICES)
27 5. ORDINANCE AMENDING THE 1992 BUDGET TO PROVIDE
28 FUNDING FOR PUBLIC NOTICE OF GROWTH MANAGEMENT -
29 RELATED COUNCIL MEETINGS (AB92 -135) (FINANCE)
30 This item was withdrawn.
Minutes, 3/24/92, Page 10
1 6. ORDINANCE REGARDING THE MATTER OF ESTABLISHING
2 PARKING CONTROL ON LAKEWAY DRIVE (AB92 -144)
3 Items 1-4 and 6 were received and will be forwarded for the appropriate action. Item 5 was
4 withdrawn.
5 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
6 Housing grant (AB92 -204): Harris said the Opportunity Council has approached the
7 Executive to help with a grant to provide some housing assistance. In order for the County
8 to receive the grant, there will need to be a public hearing.
9 Impending crises:. Brenner said if water associations go broke, the County could end
10 up becoming purveyors and have to repair the systems.
11 Pesticides: Brenner said the governor could veto the bill that takes away the local
12 control on pesticides.
13 Cuts in Community Development Funds: Laidlaw said if the Governor does not veto
14 one or another of the sections in question, Whatcom County could lose a substantial amount
15 of funding from the Department of Community Development.
16 County-wide Planning Policies (AB92 -080) Laidlaw said there is a meeting tomorrow
17 night in the Council of Government offices.
18 Segregations in Cordata: Laidlaw asked if anyone is interested in sponsoring the issue
19 of changes in segregation formulas at Cordata.
20 Forestry Issues relating to Deming Water Association (AB92 -003): Henderson
21 forwarded the following motions as recommendations of the Planning and Development
22 Committee.
23 HENDERSON MOVED TO ASK THE CHAIR TO SEND A LETTER TO THE
24 FOREST PRACTICES BOARD TO ASK THAT ONE OF THE HEARINGS ON THE
25 PROPOSED RULES CHANGES BE HELD IN WHATCOM COUNTY.
26 The motion carried unanimously.
27 HENDERSON MOVED THE COUNCIL ASK ADMINISTRATION TO HAVE
28 GORDON SCOTT AND OTHER STAFF AS NECESSARY FACILITATE A MEETING
29 BETWEEN DNR, THE DEMING WATER ASSOCIATION AND OTHER
30 INTERESTED PARTIES TO REVIEW THE IMPACTS OF THE LOGGING ON THE
31 WATER ASSOCIATION RESERVOIR.
Minutes, 3/24/92, Page 11
1 The motion carried unanimously.
2 Staff Report: Bob Woods,_ Council Budget and Program Analyst, said the meeting
3 with DNR would provide an opportunity to ask for a change in the law. Woods said he will
4 be away April 6 for a seminar.
5 Meeting adjourned at 10:50 p.m.
6
7 ATTEST:
9 Barbara Maher, Deputy Clerk
WHATCOM COUNTY COUNCEL
WHATCOM COUNTY, WASHINGTON
Daniel U. Warner, Chairman
Minutes, 3/24/92, Page 12