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HomeMy WebLinkAboutCounty Council April 2 1991WHATCOM COUNTY COUNCIL REGULAR MEETING April 2, 1991 The meeting was called to order at 7 p.m. by Chairman Daniel Warner at 1000 N. Forest Street, Bellingham, WA. Present: Absent Don Hansey Emily Jackson Dan Warner Marge Laidlaw Mary Vanderpol Dennis Vander Yacht COMMITTEE OF THE WHOLE 2. FUNDING FOR THE COURTHOUSE ADDITION (AB91 -082) Shirley Van Zanten said she is here to ask the Council to push the start button on this issue. She said she has included a resolution in the material distributed tonight and hopes the Council will pass this resolution tonight. She said the design needs to be approved; Sutberry will explain the process and then the financing proposal will be discussed. The first section of the resolution would take a motion. Tom Sutberry said a committee, composed of Barbara Cory, Brad Bennett and himself, has been working on the financing options. The committee determined it would be advisable to separate the two functions. They recommended having a financial advisor, Bob Yeastings of Yeastings & Hughes, and going out for an RFQ (request for qualifica- tions) for the underwriter; when this is done the committee will come back to the Council for approval of the underwriter. The County will be working with the underwriter for a period of five years. Sutberry said the County has been working with Harper McLean for 40 years and it was decided the County needed to put this out for bid. Van Zanten explained that it is allowable for her to hire a financial advisor on a Professional Services Contract for under $5000 without Council approval. She explained the figures showing the increasing cost estimates. $15,608,418 is the total amount estimated at this time. Van Zanten said this amount does not include the PBX, and phone units. The alternates including dryvit, screen wall, quality finishes in juvenile detention, power conditioner, site bollards and tree grates, and courtroom remodel on fourth floor would cost an estimated 1,067,282. Vern Almon explained the differences between the finishes for the juveniles detention area. The courtroom remodel on the fourth floor alone would cost $400,000. The office furnishings and window coverings would cost approximately $2 million. Van Zanten explained the funding amounts and the repayment plan. She said it would cost approximately $1 million per year for twenty years for the basic plan. Van Zanten says she cannot recommend the options as $1 million per year is all the County should be committed to repay. Van Zanten said she would prefer the County decide each budget year how much could be spent on furnishings. The six alternates would be in the bid package so if the bids come in low, some of the alternates could be included. Warner said he was encouraged the County has been putting away $1 million lately so the department budgets will not be impacted. Imhof said the County was able to put $2 million away this year because of increased revenues. Vanderpol said he agrees with Paul Rushing's memo that the County should do it right this time. Four years ago the County saved $39,000 by not putting on brick and the Courthouse has been the ugliest building in the civic center for years. There was discussion about the cost of securing the bond, the phone system, the asbestos removal estimate, structural design, printing of plans and the bond rating. Bob Yeastings said he thinks Whatcom County would have an Al rating. Cynthia Weed, Preston Thorgrimson said if the County does borrow $10 million, it would still have a $100 million borrowing capacity with a vote and $25 million without a vote; she said the County could borrow much more than it could afford to repay. Imhof asked if there was provision for child -care in the new building. Van Zanten said there just isn't room in the building. There would be many complexities about the employees benefit package, liabilities, if this service was instituted. 1. DISCUSSION ON COMPREHENSIVE FLOOD CONTROL MANAGE- MENT PLAN (AB91 -071A) Van Zanten said this is a draft document and it is hoped the final document will come to Council late in May. Ed Henken said the impetus for the county to get into this program is to enable it to get FCAP state funds from DOE; one of the conditions for this is that the County have a program in place. This study was never intended to be the in -depth study the Army Corps of Engineers have considered. This is just a springboard for the Corps to start from because concepts need to be in here to be eligible for FCAP. There was discussion about the kinds of things that would be included in this study. Henken suggested buffer areas, amenities and other concepts. Henken said if public funds are used, it should have public access. Any suggestions from the Council members should be given in early May. Hansey asked if the County should be considering more of a comprehensive look at the whole problem. 3. DISCUSSION OF COUNTY'S PARTICIPATION, IF ANY, IN THE BELLINGHAM SWIMMING POOL (AB91 -130) Walt Ingram, 421 S. Clarkwood Drive: He is part of the group presenting this package to the city. The package is for approximately $2.8 million. It would be $1.4 million for the group and the same for the city. The goal of the committee is to have the city do this on councilmatic bonds. If the county cooperates and is part of it either in the capital end or the ongoing operating costs it would help to maintain the same rate structure for both city and county users. Imhof asked what the operating cost would be; the yearly cost would be $300,000. This pool could be close to self sustaining other than the capital projects part of it. Haney questions if this council would get into the operating costs but may consider helping with the initial capital outlay. As in the case of the purchase of the Mount Baker Theater, the county may want to help in the purchase. Haney estimated that Minutes, 4/2/91, Page 2 at least one quarter of the users will be from outside of Bellingham. Imhof asked if other cities want help with capital projects, would the County be asked to contribute. Ingram said this pool differs from previous proposals in that it would have a 150 foot slide and other family activities. Van Zanten said this should not be sent to the Park and Recreation Department as the Council is the body that should make the policy in this issue. ** CONVENE COUNCIL MEETING ** OTHER BUSINESS -1. COURTHOUSE ADDITION FINANCING VANDERPOL MOVED WE APPROVE THE RESOLUTION AS PRESENTED. Hansey asked if the dollar amount is inflexible or might it be changed if necessary. Van Zanten said this is committing us to the initial package only. The final dollar amount will be written into the ordinance but this will allow us to get started. The motion carried unanimously. 1. PROPOSED CITIFOR FOREST PRACTICES APPLICATION IN THE LAKE WHATCOM WATERSHED (AB91 -129) Dan Taylor distributed photos showing the area that would be cut. Taylor showed the area on the map that would be cut. Planning has recommended this be a Class 4 that would require a SEPA review; this one is serious and a strong message should go to DNR. The Forum has not been able to come to grips with sustainable yield or cumulative impacts because they are tough issues. Taylor said he had mixed feeling but he suggested the Council recommend the Class 4 Special classification. The State Forestry Board has recognized the Forum as a knowledgeable group DNR should trust. Imhof asked if there is a buffer; Taylor said there is a buffer but it is vertical. He said he is taking a moderate stand but the Friends of Lake Whatcom are much more vehement about this. Taylor said the Forum has not attacked all the issues they had hoped to. Imhof asked who has the authority to reprimand loggers for making a twenty acre cut without permission. Gordon Scott, Whatcom County Planning. said DNR has the authority. Fred Miller, 3229 North Shore Road: He is part of the Friends of Lake Whatcom and showed slides of some clear- cutting on a steep slope. This was done without permitting and by the same operator who is under consideration tonight. The new trail is very close to this cut. He showed another slide showing an unpermitted road right through County Park property. There is a great deal amount of debris and silt going into Smith Creek and then into the Lake right up to the new bridge. He showed a gate that has been left open since October and has been totally ignored by the timber operators. The timber operator hauled two old cars onto park property last September that are still there. At the timber forum process the operator said there were absolutely no erosion problems or blocked Minutes, 4/2/91, Page 3 culverts at the site but he showed slides that proved these statements to be incorrect. He showed where the helicopter used in logging was landing and a fuel tanker has been left sitting there with no protection against spills. Miller requests the Council appeal this permit; he also wants to request the highest level of enforcement of the existing laws that are on the books. He said Dave Cottingham has won appeals in the Smith Creek assessment report. If the Council does file an appeal the timber appeals board will listen. The Council did pass Resolution 89 -06 two years ago and it needs to be looked at. Miller said an appeal may infuse the Forum with more enthusiasm. DNR did not show up when this permit was applied for and does not seem to be able to enforce conditions. Miller said that after a stop work order was issued on March 7, 1991 work went on. He showed where the operator said he would not operate equipment past October but they went on through November. DNR admitted they had told the operator he could cut an acre and get away with it but he did more than that and Miller said that can be documented. He asked the Council to request a Class 4 special classification and also ask DNR to do a better job, even up to a writ of mandamus, in its enforcement duties. The County could consider a forest woods deputy. Give the planning staff the policy direction of what the County wants to do to protect the forests. Dewey Huston, 3315 North Shore Road: Retired engineer from GP. He said the planned cut does involve the face of the slope. He distributed pictures and a topographical map of the areas that have been cut. He spoke of the nearly 25 avalanches that have come down since 1983. These protrude up into the areas of the planned cut yet Citifor states the soils are stable. Huston said the County does not stand to gain anything by the cut on these faces. The County at best would gain 6 percent of the cut which would be $140,000 or less but stands to lose far, far more with the water clean -up. The debris dams as well as the park trails will have to cleaned up, and the potential liabilities to the County would be far more than that. Water runs off four to five times faster from clear -cut areas than from forested areas. It should at least get some environmental review. Theresa Sygitowicz: Said she is a third generation Whatcom County resident. Father is road builder in this area. He was asked to go to the Smith Creek blockage before it happened. He inspected the dam and there was no cut timber in the dam, it was all fallen timber. She said she is on the Washington State Timber committees. When someone puts out a bid on a job, the logger awarded the bid must put up a bond on that job. If there are delays the logger's deadline is not changed; this could put a logger out of business. She asked who would pay for the logger's house payment. The logging companies would love to lock out the tree spikers and the people who steal equipment but can't put a locked gate on the road. DNR denied the money to the logger to put in a larger culvert so that is the reason it is blocked. She agreed clear cuts are ugly but when replanted the area yields another crop; it is the law that areas must be replanted within six months. The trees on this land have been reforested three times. Growing trees give off more oxygen, use more rainwater and keep the dirt in place. A larger tree in a slide will take off more area than a smaller tree. Warner discussed the options. Vander Yacht said he is from a third generation logging family in Whatcom County but he sees a clear danger and it should be vigorously pursued. He said because of the location in the Lake Whatcom watershed, it should be looked at carefully. Minutes, 4/2/91, Page 4 Laidlaw said she does not hear people speaking against logging, just logging irresponsibly. VANDER YACHT MOVED THE CHAIRMAN WRITE THE DEPARTMENT OF NATURAL RESOURCES (DNR) EXPRESSING CONCERNS, SUPPORTING THAT THIS 175 ACRE CUT BE DESIGNATED A CLASS IV SPECIAL AND THAT WE WOULD CONSIDER AN APPEAL IF CLASSIFIED OTHERWISE. Laidlaw asked if Vander Yacht would accept a friendly amendment that there be strong and increased enforcement. Vander Yacht accepted the amendment. Vanderpol said he can not vote for it if the threat of an appeal is there. Miller said according to DNR this is still under the review period; it has not been classified yet. Haney said the County Council should join the administration in requesting DNR to classify this as a Class 4 special; if they do not do that we would then consider appealing it. Warner said the pictures shown tonight-are outrageous and certainly unacceptable. He said the County can't have people disregarding stop work orders. Vanderpol asked Vander Yacht if he would separate his motion eliminating the threat of appeal. Vander Yacht said he could not do that. Taylor said once DNR makes a decision there would be 30 days to make a decision. Vander Yacht restated his motion: HE MOVED TO HAVE THE CHAIRMAN WRITE DNR EXPRESSING CONCERNS, SUPPORTING THAT THIS 175 ACRE CUT BE DESIGNATED A CLASS IV SPECIAL AND THAT WE CONSIDER AN APPEAL IF CLASSIFIED OTHERWISE, AND FINALLY ASK FOR STRONGER SUPPORT FOR INCREASED ENFORCEMENT. Vanderpol was still against operating on threats. The motion was adopted 5 -1 with Vanderpol against (Jackson was absent). -2. COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLAN (AB91 -071A) Haney said he would like to proceed on a time table for work on a comprehensive county -wide study. He said it would be better not to take the time to consider this but proceed with a time table that would bring the affected parties together to work on a county -wide proposal. Imhof said there was a study in 1985 and Hansey was on the council when it was shelved. He said he would like some financial information on the costs of the Haney proposal. Imhof said he is sure there are not 51 percent of the people willing to vote for this and financing has to come from the people; only 12 percent of the people are affected. Surface work has been done but not a lot of in -depth study has been done. He would like some study on the best methods of financing. He is not fond of the time line given by the Minutes, 4/2/91, Page 5 executive but he realizes there are other considerations for staff. He said if it is quicker and less in- depth, it will probably end up on the shelf somewhere. Van Zanten said the word study was perhaps unfortunate. She asked many questions about what levies can be proposed, boundaries, watersheds, how do we merge the existing taxing districts into this district, how cities feel about it, etc. Haney said he thinks people have not read the resolution. It says the Council "intends to form" a district and the executive would then go out to the taxing districts. This does not bind anyone to anything but the law is specific on how to proceed. The sun is shining and the river is going down so we need to keep moving on this. He wants to just go ahead with it rather than this long protracted process. Imhof asked Haney to bring out specifics and compare the plan side by side. Haney said Imhof is paying $1.50 a thousand but if everyone in Whatcom County paid that much, a county -wide plan could collect many millions. Vander Yacht asked Haney his time line; Haney said 40 or 50 days. Warner said what the administration has proposed seems reasonable. Vanderpol said nothing can happen until November anyhow. Laidlaw said on page two she would like to include a representative from the tribes and the agricultural community. LAIDLAW MOVED THAT COUNCIL CONCUR WITH ADMINISTRATION ON WORK SCOPE AND TIME LINE FOR COUNTY -WIDE FLOOD CONTROL MANAGEMENT AND PROCEED TO IMPLEMENT AS SOON AS POSSIBLE. Vander Yacht asked if she thinks this is a realistic schedule. Van Zanten said there would be a plan prepared and back to the Council in September. She said she wants the citizen's advisory committee to get involved and gain ownership of the plan. The motion was carried unanimously. The meeting was adjourned at 9:37 p.m. ATTEST: Barbara Maher, Depu Jerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Daniel M. Warner, Chairman Minutes, 4/2/91, Page 6