HomeMy WebLinkAboutCounty Council May 12 19921 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 May 12, 1992
4 The meeting was called to order by Council Chairman Daniel M. Warner at 7 p.m.
5 in the Council Chambers.
6 Present Absent
7 Dennis Vander Yacht None
8 Larry Harris
9 Marge Laidlaw
10 Barbara Brenner
11 Robert Imhof
12 Ken Henderson
13 READING AND APPROVAL OF MINUTES
14 The minutes of the April 21 special meeting were accepted as presented.
15
16 EXECUTIVE ITEMS
17 1. BID AWARD RECOMMENDATION FOR THE FABRICATION AND
18 INSTALLATION OF STAINLESS STEEL SHOWER LINER IN THE JAIL
19 TO THE LOW BIDDER, STRIDER CONSTRUCTION CO., INC. FOR
20 $29,591.10, INCLUDING SALES TAX (AB92 -198)
21 Van Zanten explained the issue.
22 Laidlaw reported for Finance and recommended approval.
23 SHE SO MOVED.
24 The motion carried unanimously. '
25 2. BID AWARD RECOMMENDATION FOR REPLACING THE SERVICE
26 BUILDING ROOF AT SILVER LAKE PARK TO THE LOW BIDDER,
27 BORDERS AND SON QUALITY ROOFING, INC. FOR $26,298.80,
28 INCLUDING TAX (AB92 -199)
29 Laidlaw reported for Finance and recommended approval.
30 SHE SO MOVED.
31 The motion carried unanimously.
32 3. BID AWARD RECOMMENDATION TO REPLACE THE HOUSE ROOF
1 AT HOVANDER HOMESTEAD PARK TO THE LOW BIDDER,
2 BORDERS AND SON QUALITY ROOFING, INC., FOR $37,447.62
3 INCLUDING TAX (AB92 -200)
4 Laidlaw reported for Finance and recommended approval.
5 SHE SO MOVED.
6 The motion carried unanimously.
7 4. REQUEST FOR ACCEPTANCE OF GRANT OFFER OF $54,990 FROM
8 THE CLEAN WASHINGTON CENTER, FOR A "BUY RECYCLED"
9 CAMPAIGN (AB92 -201)
10 This item was withdrawn as it does not need Council action at this time.
11 5. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
12 INTO A CONTRACT WITH NORTH WASHINGTON COLLECTIONS TO
13 PROVIDE SERVICES TO COUNTY DEPARTMENT (AB92 -182) (KEPT
14 IN FINANCE 4/28)
15 Laidlaw reported for Finance and recommended approval.
16 SHE SO MOVED.
17 The motion carried unanimously.
18 6. EXECUTIVE'S REPORT
19 Monthly Construction Report (AB91 -410): This item was distributed to the Council
20 Members.
21 SPECIAL PRESENTATION
22 FRIENDS OF SUMAS MOUNTAIN: FORESTRY PRACTICES PERMIT
23 (15 MINUTES) (NO DECISION WILL BE MADE AT THIS TIME
24 UNLESS THE COUNCIL HAS RECEIVED INFORMATION FROM
25 MATT BRUNINGO, STATE OF WASHINGTON GEOLOGIST) (AB92-
26 003)
27 Tom Thornton, 6906 Goodwin Road, displayed a map of the Sumas River watershed
28 and pointed out the new slides that had taken place. He said this is a unique section of the
29 county with the erosion, slides, and run -off. He said this is a much larger issue than the 80
30 acres in question.
Minutes, 5/12/92, Page 2
1 Jean Westgate, 3908 Cabrant Road representing the Friends of Sumas Mountain:
2 She said the group is most concerned about the instability of the area. This has the
3 potential to affect the County economically in flood control in the future. She mentioned
4 the report by Easterbrook and Babcock recently given to the Council. She said that
5 Department of Natural Resources (DNR) had acted in error by not designating this a Class
6 IV Special. She urged the Council to protect this vulnerable part of the County.
7 Harry Skinner, 6600 Goodwin Road, presented a slide show of the Swift Creek area
8 with commentary. Skinner said everyone is doing small Environmental Impact Studies when
9 the responsibilities include more than just geology such as wildlife, fish, etc. He said the
10 time to appeal is now before this starts.
11 Bill Purnell, Geologic Engineer consulting with TAT, spoke of the following:
12 Awareness of the slides since 1970; geotechnical, geologic, geohydrology issues have been
13 studied; stability of the cut areas; drainage areas; millions of dollars would be needed to
14 stabilize the slides and logging beside it will not affect the slide area; the debris flows occur
15 during October and April when there is a snow pack.
16 Ted Hammer, Geotechnical Engineer consulting with TAT, spoke of the following:
17 proper road alignment; stability; buffers; safety of logging in this area.
18 Vander Yacht asked if there would be more slope instability and debris flows if this
19 is logged; would increased discharge from the streams affect the debris flows? Kenner and
20 Purnell both said they believed logging would not substantially change the debris flows.
21 Brenner asked if they would disagree with a Class IV Special. He said his report
22 would remain the same.
23 Items discussed were: What the fundamental difference is on the ground regarding
24 the absorption of the water; ground will be saturated whether there are trees or not;
25 transpiration is minimal in winter; presence of serpentinite; depth where serpentinite can
26 be found in the cut area; whether run -off would cause slides; difference of opinion between
27 the Easterbrook /Babcock study and the consultants; inability of Easterbrook and Babcock
28 to attend tonight's meeting because of a conference.
29 Comments were made by: Henderson; Purnell; Laidlaw; Vander Yacht; Harris;
30 Skinner.
31 Brenner asked if the new conditions make this similar to a Class IV Special.
32 � Bill Schmidt, DNR, replied his department felt it should be classified as a Class III
33 Priority. He said this application has been tailored to conditions, but even after doing this,
34 the Friends of Sumas have said everything had not been investigated. DNR appointed a
35 new geologist to take an extra look at it; he said there are drainages down the mountains
Minutes, 5/12/92, Page 3
1 in gorges that cause vegetation removal. He said there is a very hard conglomerate between
2 the gorges that protects the operation from reaching the serpentenite. One of the conditions
3 in the applications is that when making roads, they must cease if there is serpentine soils.
4 He illustrated on a blackboard behind the Council. He said the department's primary point
5 is that this application has been conditioned to minimize the risks. He said that Vander
6 Yacht's points were right on regarding. vegetation removal.
7 Vander Yacht asked about the importance of the road construction and said he is
8 concerned there will not be enough outside monitoring. Vander Yacht then asked on
9 condition 13, preparing buffer zones, is there any estimate of the percentage of trees over
10 14 inches? Schmidt said DNR has marked with blue paint a lot of the trees that should be
11 taken and they have tried to avoid problems. He said they had insisted on feathering of
12 trees so there would be protection for the trees behind it. Schmidt said that less than half
13 are over' 14 inches and does not affect the integrity of the stand behind it causing blowdown.
14 Laidlaw asked the percentage of blowdown in feathered area. Schmidt said it was
15 impossible to answer that because it depends on the weather and the conditions.
16 Warner asked about the composition of the team who looked over the proposed area
17 and what was their opinion about the possibility of slides. He said that Goldthorp and Scott
18 thought there was a relatively low risk. Henderson agreed.
19 Vander Yacht asked Purnell if he thought it would affect the gorges at either end.
20 Purnell said he believed it would not.
21 Henderson said that Mr. Bruningo's report will not enlighten them anymore. He said
22 the Planning Committee voted 2 -1 that there would be a stay, but it has since been pointed
23 out that an appeal must first be filed.
24 BRENNER MOVED THE COUNCIL FILE AN APPEAL WITH THE
25 PROVISION THERE WILL BE AN IMMEDIATE STAY.
26 Items discussed were: Additional information; risk of increased debris torrent; areas
27 of non - merchantable lumber; consideration of stopping the road construction; management
28 plans; effect of surface water on area; mitigation based on degree of risk; resolution of
29 technical differences of opinion; impacts on residents; credibility of Council constantly
30 asking for appeals; cost of an appeal; time frame of an appeal being between 4 -8 weeks;
31 credibility would be increased by filing the appeal; integrity of people involved in this
32 project; how much money budgeted for Swift Creek and Sumas; quarter of million dollars
33 budgeted for the previous item; conditions do lower the risk of slides; will additional time
34 or change of classification change the two fundamental differences in this issue; rights of the
35 land owner; reasonable use of the property and need to make a decision.
36 Comments were made by: Henderson; Laidlaw; Harris; Imhof; Randy Watts, Chief
37 Civil Deputy Prosecutor; Westgate; Brenner; Ed Henken, County Engineer; Vander Yacht;
38 Warner.
39 The motion failed 4 -3 with Brenner, Laidlaw and Harris voting for it.
Minutes, 5/12/92, Page 4
1 OPEN SESSION
2 Lloyd Austin, 1838 Lakeside (AB91- 075): Spoke against the development on the
3 Wilder Ranch and disputed the Gacek report.
4 Bud Jewell, 3805 - Centerview (AB92 -167): Against reducing the speed limit on
5 Haxton Way as he feel this would not change the accidents one bit; he said what would help
6 is lowering the speed at the comer at Kwina and Haxton.
7 Anne Anderson, 13860 Robby Court, Nurse: Spoke against Dr. James advocating the
8 addition of fluoride to the public water supply. She said there is a danger of over - exposure
9 to fluoride in the Washington area and more should not be added.
10 Sherilyn Wells, 1020 Geneva: It has been established that it was a chemical that
11 killed the fish in Lake Whatcom. The Department of Ecology took many days to respond
12 to the spill and did not notify relative agencies in Whatcom County. An individual in Agate
13 Bay used galvanized chain to anchor his boat and after one year it has shown extensive
14 wear.
15 Rita Foley, Blue Canyon Road (AB92 -104): Appalled that the appeal was tamed
16 down for Sumas Mountain. She said DNR cut on Blue Canyon Road where they said they
17 would not cut and did not go by the 100 page application. She disputed the claim by the
18 geologist that transpiration only occurs in the summer.
19 Becky Peterson, 1020 Austin Street (AB91 -365): Mentioned her concerns about the
20 Lake Louise Road as follows: safety; section of road in the watershed with disjointed
21 approaches particularly in light of Lake Whatcom being considered a severe health hazard;
22 comprehensive approach needed; watershed management.
23 Oliver Zubel, Student, Western Washington University (AB92 -003): Sumas Mountain
24 is increasingly a place where people would like to live. He is concerned about ' the
25 possibility of the loss of life and said it should be considered more important than the
26 capital that the owner might realize.
27 The Open Session was closed.
28 LAIDLAW MOVED THE CHAIR WRITE A LETTER TO DEPARTMENT OF
29 ECOLOGY REGARDING THE APPARENT LACK OF PROMPT INVESTIGATION
30 OF THE FISH KILL IN LAKE WHATCOM AND ASK THEM TO IMMEDIATELY
31 NOTIFY OTHER APPROPRIATE COUNTY AGENCIES IN THE FUTURE.
32 HENDERSON MOVED TO ADD AN AMENDMENT TO SAY THAT ALL
33 APPROPRIATE STATE AGENCIES SHOULD BE NOTIFIED.
Minutes, 5/12/92, Page 5
I Henderson withdrew his motion to amend with the provision it would be copied to
2 appropriate agencies.
3 The motion carried unanimously.
4 HEARINGS
5 1. ORDINANCE ESTABLISHING A STOP SIGN ON GROVE ROAD (AB92-
6 185)
7 The public hearing was opened. Hearing no comment, the hearing was closed.
8 IMHOF MOVED TO ADOPT THIS ORDINANCE.
9 The motion carried unanimously.
10 OTHER ITEMS
11 1. ORDINANCE AMENDING THE PARK FUND BUDGET (AB92 -130A)
12 LAIDLAW MOVED TO ADOPT THIS ORDINANCE.
13 The motion carried unanimously.
14 2. APPEAL OF HEARING EXAMINER'S RECOMMENDATION ON A
15 PORTION OF LMD 1 -92, LAKE MANAGEMENT DISTRICT, FILED BY
16 EARLE (AB92 -179)
17 WARNER MOVED TO CONCUR WITH THE RECOMMENDATION OF THE
18 HEARING EXAMINER; FRONT FOOTAGE IS AN APPROPRIATE METHOD OF
19 ASSESSMENT FOR CHANNEL CLEARING FUND- RAISING (THE ASSESSMENT IS
20 NOT BASED ON THE ABILITY TO DRAW WATER).
21 The motion carried unanimously.
22 3. REQUEST BY TED HOLTZHEIMER TO HAVE HIS PROPERTY
23 DOWN ZONED FROM GATEWAY INDUSTRIAL TO RURAL ZONE;
24 AND TO HAVE THIS REZONE TAKEN OUT OF SEQUENCE
25 (SPONSORED BY IMHOF AND BRENNER; PREVIOUSLY HE WAS
26 DENIED THIS REQUEST BY THE PLANNING & DEVELOPMENT
27 COMMITTEE, THEN HE WITHDREW HIS REQUEST PRIOR TO THE
28 EVENING COUNCIL MEETING) (AB92 -123)
29 Henderson reported for Planning and Development and recommended this be in the
Minutes, 5/12/92, Page 6
1 normal process of consideration.
2 Ted Holtzheimer, representing his son Brad Holtzheimer, 3897 Loomis Trail Road,
3 who built a home six years ago and has a refinancing loan ready to sign as soon as this down
4 zoning is completed. He asked in the name of justice this be approved.
5 IMHOF MOVED TO APPROVE THE HOLTZHEIMER REQUEST FOR
6 TAKING THE DOWN ZONING OUT OF SEQUENCE IN THE BATCHING PROCESS.
7 Vander Yacht and Brenner spoke in favor of this request.
8 Harris spoke in favor of sticking to the batching process; he said he has no doubt it
9 will go through when presented normally.
10 Laidlaw asked Taylor what the difference would be in time; Dan Taylor, Planning
11 Director, said if it passes now it will be heard by October but if it is not approved, it will
12 not be heard until July 1993.
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The motion failed with Vander Yacht, Imhof and Brenner voting in favor.
4. ORDINANCE REPLACING WHATCOM COUNTY CODE 9.32
REGARDING UNLAWFUL DISCHARGE OF FIREARMS AND BOW
AREAS (AB92 -032) (KEPT IN COMMITTEE 4/28; ACTION ON THIS
ITEM MAY NOT TAKE PLACE AT THIS MEETING, DEPENDING ON
THE DISCUSSION TO TAKE PLACE AT THE 6 P.M. PUBLIC
SERVICES AND SOLID WASTE COMMITTEE MEETING)
This item was held in committee.
5. ORDINANCE REDUCING THE SPEED LIMIT ON HAXTON WAY
(AB92 -167) (REFERRED TO COMMITTEE AFTER A HEARING ON
4/28)
This item was held in committee.
6. RESOLUTION PROCLAIMING MAY 14, 1992 AS ALTERNATIVE
TRANSPORTATION DAY AND ENCOURAGING THE
PARTICIPATION OF COUNTY EMPLOYEES (AB92 -208)
L.AIDLAW MOVED APPROVAL OF THIS RESOLUTION.
The motion carried unanimously.
INTRODUCTION
Minutes, 5/12/92, Page 7
1 1. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1992 A E OPEN
2 SPACE /TIMBER AND OPEN SPACE /OPEN SPACE APPLICATIONS
3 (AB92 -202) (PLANNING & DEVELOPMENT)
4 2. ORDINANCE AMENDING THE WHATCOM COUNTY
5 ENVIRONMENTAL POLICY ADMINISTRATION, TITLE 16 OF THE
6 WHATCOM COUNTY CODE (AB92 -203) (PLANNING &
7 DEVELOPMENT)
8 3. ORDINANCE ADOPTING THE TEMPORARY CRITICAL AREAS
9 REGULATIONS TO COMPLY WITH THE STATE GROWTH
10 MANAGEMENT ACT MANDATE TO DEFINE, IDENTIFY, AND
11 MANAGE ENVIRONMENTALLY CRITICAL AREAS AND
12 ECOSYSTEMS, FOR A THREE YEAR PERIOD OR UNTIL
13 PERMANENT CRITICAL AREAS REGULATIONS ARE ADOPTED
14 (AB92 -058B) (HEARING ON 5/26, DECISION 6/2)
15 4. RECEIPT OF APPLICATION FOR CHANGE OF CLASSIFICATION
16 (AGRICULTURAL OPEN SPACE TO TIMBER OPEN SPACE), FILED
17 BY FRANK AND SHERI HATHAWAY (AB92 -187) (WILL BE
18 REFERRED TO PLANNING COMMISSION)
19 Items 1-4 were introduced and will be forwarded for appropriate action.
20 The Council recessed as the Council and convened as the Flood Control Zone
21 Control District.
22 ACTION: RESOLUTION REVISING RESOLUTION 92 -105
23 REGARDING MEMBERSHIP OF FLOOD CONTROL
24 ADVISORY COMM=E (AB92 -056A)
25 The Council concurred that Fred Polinder, Jr., Doug McKeever, and Arthur Bryant
26 serve two -year terms; Dave Buys, Betty -Lou Close, and Art Hyatt serve three -year terms;
27 and John O'Leary, Ladd Shumway, and Larry Williams serve four -year terms.
28 Laidlaw noted the following amendments: on page 2, line 6, add the word "full" after
29 two. On page 2, line 8 add the words "during the course of a regular term" after the word
30 vacant. On page 2, line 14, add the words "such as described in section a" after the word
31 vacancy. Line 15 should read as follows: ..Supervisors.
e
32 alternate list will expire every six ears.
33
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Minutes, 5/12/92, Page 8
I LAIDLAW MOVED THIS ITEM BE ADOPTED WITH THE AMENDMENTS
2 AND TERM LENGTH LISTED.
3 The motion carried unanimously.
4 LAIDLAW MOVED THAT THE COUNCIL PUT ALL EXISTING NAMES IN
5 THE CURRENT FILE FOR FLOOD ADVISORY COMMITTEE ON THE
6 ALTERNATE LIST AND HOLD APPLICATION OPEN FOR 30 DAYS AND ADD
7 ANY THAT COME IN.
8 The motion carried unanimously.
9 Larry Williams, said there are no members on this committee from the City of
10 Bellingham. He was informed that two new applictions from Bellingham had been received.
11 The meeting was adjourned as the Flood Control Zone District and reconvened as
12 the Council.
13 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
14 Budget Retreat: It was decided that this will be held on June 12 at 3 p.m.
15 Staff Report: Bob Woods, Budget and Program Analyst said that the Maintenance
16 and Operations study is in progress and Human Services will be next.
17 Canvassing Board: Henderson volunteered to canvass Tuesday, May 26.
18 Budget Retreat: Laidlaw asked that everyone submit concerns for the agenda.
19 Special Capital Projects Meeting: This meeting would inform the new members
20 about the courthouse building project and funding.
21 The meeting adjourned at 10 p.m.
22
23 ATTEST:
24 s
i.CUe�jfi � �i'v
25 BaAara Maher, Deputy Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
i CL� ("
Da el M. Warner, Chairman
Minutes, 5/12/92, Page 9