HomeMy WebLinkAboutCounty Council December 10 19911 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3
4 December 10, 1991
5 The meeting was called to order at 7 p.m. by Council Chairman Dan Warner in the
6 Council Chambers, 1000 N. Forest Street.
7 Present Absent
8 Dennis Vander Yacht Mary Vanderpol
9 Don Hansey
10 Emily Jackson
11 Bob Imhof
12 Marge Laidlaw
13 READING AND APPROVAL OF MINUTES
14 The minutes of the October 22 meeting were corrected as follows: On Page six, line
15 26, the words "concur with the Planning and Development Committee" needs to be deleted;
16 line 31, add " he (Warner) asked the Chair of Planning and Development to work with"
17 administration ;" page eight, line 16, add "Lake Whatcom Agenda" instead of Whatcom
18 Connector. The minutes were then accepted.
.9 EXECUTIVE ITEMS
20 1. REQUEST FOR AUTHORIZATION TO ENTER INTO A LEASE
21 AGREEMENT FOR A SATELLITE HEALTH DEPARTMENT OFFICE
22 (AB91 -423) -
23 Van Zanten explained this item.
24 Laidlaw reported for Finance and recommended approval.
25 SHE SO MOVED.
26 The motion carried unanimously 6 -0.
27 2. BID AWARD RECOMMENDATION FOR AN AUTOMATIC TARGET
28 CARRIER SYSTEM FOR PARKS DEPARTMENT PLANTATION RIFLE
29 RANGE TO -THE ONLY BIDDER, CASWELL INTERNATIONAL
30 CORPORATION AT A PRICE OF $56,860 PLUS SALES TAX (AB91-
31 434)
32 Van Zanten explained this item.
3 Laidlaw reported for Finance and said there was no recommendation. She said Parks
1 consistently comes in over budget without looking at alternatives.
2 Van Zanten explained this has extensive usage that does generate revenue; she said
3 when this was planned in the 1988 levy, the Parks Department could not know what prices
4 would be in 1991.
5 Jackson and Imhof spoke against the bid.
6 There was discussion between Imhof and Van Zanten about the amount Parks would
7 be spending.
8 Vander Yacht spoke for the bid.
9 IMHOF MOVED TO DENY THE AUTHORIZATION TO AWARD THE BID.
10 The motion carried 5 -1 with Warner against.
11 3. BID AWARD RECOMMENDATION FOR SUPPLY OF HIGH DENSITY
12 POLYETHYLENE DRAIN PIPE TO THE LOWEST RESPONSIVE
13 BIDDER, MASKELL -ROBBINS, INC. AT A TOTAL COST OF $19,105.68
14 (AB91 -435)
15 Laidlaw reported for Finance and recommended approval.
16 SHE SO MOVED.
17 The motion carried unanimously.
18 4. REQUEST FOR APPROVAL OF PURCHASE OF A TOTAL STATION
19 LAND SURVEYING INSTRUMENT FOR THE ENGINEERING
20 DIVISION AT A COST OF $12,684.39 (AB91 -440)
21 Laidlaw reported for Finance and recommended approval.
22 SHE SO MOVED.
23 The motion carried unanimously.
24 5. REQUEST FOR AUTHORIZATION TO ENTER INTO AN
25 AGREEMENT WITH COLLEEN ROGERS, MARY ANN DAVIS AND
26 DENISE GEORGE FOR GUARDIAN AD LITEM SERVICES FOR 1992
27 AT A RATE OF $35 PER HOUR (AB91 -436)
28 Laidlaw reported for Finance and recommended approval.
Minutes, 12/10/91, Page 2
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SHE SO MOVED.
The motion carried unanimously.
6. REQUEST FOR AUTHORIZATION TO ENTER INTO AN
AGREEMENT WITH RICHARD BAUM, MICHAEL WALKER, JOHN
KAMRAR, MATTIEW ELICH, MICHAEL BOBBINK, WARREN PAGE,
ALFRED HEYDRICH, STEPHEN KOZER AND RODNEY MOODY FOR
CONFLICT OF INTEREST CASES FOR THE PUBLIC DEFENDER'S
OFFICE WITHIN THE SCOPE OF INDIGENT DEFENSE AT A RATE
OF $55 PER HOUR (AB91 -437)
Laidlaw reported for Finance and recommended approval.
SHE SO MOVED.
The motion carried unanimously.
7. REQUEST FOR AUTHORIZATION TO ENTER INTO AN INTERIM
DISPOSAL SITE AGREEMENT WITH COUNTY CONSTRUCTION
RECYCLERS (AB91 -424)
Van Zanten explained the issue.
Imhof reported for Public Service and Solid Waste Committee and recommended
approval.
HE SO MOVED.
Jackson and Jurica discussed the amount generated at this facility.
Warner said the Solid Waste Advisory Committee also recommended approval.
The motion carried unanimously.
8. REQUEST FOR AUTHORIZATION TO ENTER INTO AN INTERIM
DISPOSAL SITE AGREEMENT WITH RECOMP OF WASHINGTON
(AB91 -425)
Imhof _reported for Public Service and Solid Waste Committee recommended
approval.
HE SO MOVED.
The motion carried unanimously.
Minutes, 12/10/91, Page 3
1 9. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
2 INTO A TWO -YEAR EXTENSION AGREEMENT WITH SANITARY
3 SERVICE COMPANY FOR HAULING SERVICES FROM THE POINT
4 ROBERTS TRANSFER FACILITY, ESTIMATED AT APPROXIMATELY
5 $22,000 (AB91 -438)
6 Imhof reported for Public Service and Solid Waste Committee and recommended
7 approval.
8 HE SO MOVED.
9 The motion carried unanimously.
10 10. EXECUTIVE'S REPORT
11 Road Report: This report was distributed.
12 OPEN SESSION
13 Maxine Beebee, 7394 Birch Bay Drive: Birch Bay Beach accesses have been poorly
14 maintained. She said she would like to see money allocated to clean the beach accesses,
15 have the cars moved back and have garbage cans placed there. She stated she hopes the
16 County will be able to maintain a clean beach access for all County residents.
17 Chuck Sterling, 8613 Fawn Crescent Drive: In support of Maxine Beebee's proposal.
18 Owners have infringed on the beach accesses.. One of the most important things on the
19 Natural Heritage study was to preserve beach access and this has not been done. He said
20 he feels it is a shared responsibility of the Parks and Roads department and -the residents
21 will need to do their part.
22 HEARINGS
23 1. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO BLACK ROCK
24 CABLE (AB91 -381)
25 LAIDLAW MOVED TO ADOPT THE ORDINANCE.
26 The motion carried 6 -0.
27 OTHER ITEMS
28 1. ORDINANCE TO
29 DEPARTMENT'S
30 420)
INCREASE THE WHATCOM COUNTY HEALTH
MONTHLY PETTY CASH ALLOWANCE (AB91-
Minutes, 12/10/91, Page 4
1 Laidlaw reported for Finance to recommend approval.
2 HE SO MOVED.
3 The motion carried unanimously.
4 2. ORDINANCE AMENDING THE 1991 BUDGET (AB91 -428)
5 Laidlaw outlined the amendment which would increase the Self Insurance fund by
6 $80,000 to accommodate a Worker's Compensation payout so this would raise that fund to
7 $305,000 and makes the total amount $837,125.
8 Laidlaw reported for Finance and recommended approval of the amended ordinance.
9 SHE SO MOVED.
10 Items discussed were: arbitration award; prosecuting attorney budget for probable
11 cause hearings on the weekends; District Court salaries increase; REET Fund transfer for
12 the Lake Whatcom Transportation Study; ER &R interfund transfer.
13 Comments were made by: Warner; Laidlaw; Watts; Jackson; Hansey; Tom Sutberry,
14 Deputy Administrator; Dan Taylor, Planning.
_5 The motion carried unanimously.
16 3. ORDINANCE ESTABLISHING A RATE OF CREDIT FOR
17 DEFENDANTS SERVING TIME OR PERFORMING LABOR TO
18 REDUCE THE AMOUNT OF FINES OWED (AB91 -310) -
19 Laidlaw reported for Finance and recommended approval.
20 SHE SO MOVED.
21 There was discussion among Jackson, Laidlaw, Warner on the costs.
22 The motion carried 5 -0 with Hansey out of the room.
23 4. ORDINANCE REGARDING THE MATTER OF PLACING A WEIGHT
24 L.IIVIIT ON ROCK ROAD BRIDGE, NO. 328, AND PLACING STOP
25 SIGNS ON ROADWAY APPROACHES (AB91 -421)
26 Imhof reported for Public Service and Solid Waste and recommended approval.
27 HE SO MOVED.
Minutes, 12/10/91, Page 5
1 The motion carved 6 -0.
2 5. RESOLUTION DEDICATING CERTAIN COUNTY -OWNED REAL
3 PROPERTY FOR PUBLIC USE AS A STREET TO THE CITY OF
4 BLAINE (AB91 -427)
5 Imhof reported for Public Service and Solid Waste and recommittee approval.
6 HE SO MOVED.
7 The motion carved 6 -0.
8 6. RESOLUTION AGREEING TO A MULTI -YEAR REGIONAL
9 STRATEGY FOR IMPLEMENTING THE GROWTH MANAGEMENT
10 ACT AND AUTHORIZING THE EXECUTIVE TO EXECUTE
11 CONTRACTS TO RECEIVE AND DISBURSE GROWTH
12 MANAGEMENT FUNDS (AB91 -441)
13 Laidlaw said there is an amendment on Task 6 for public participation to show this
14 as a separate item.
15 Laidlaw reported for Planning and Development Committee and recommended
16 approval of the amended resolution.
17 SHE SO MOVED.
18 The motion carried unanimously.
19 7. RESOLUTION ACCEPTING CONDITIONS OF THE THOMAS &
20 INGEBORG NESSET TRUST AND THE NESSET CONSERVATION
21 EASEMENT FOR A FUTURE 104 -ACRE PARK (AB91 -426)
22 Laidlaw reported for the Planning and Development and recommended approval.
23 SHE SO MOVED,
24 The motion carved unanimously.
25 8. ORDINANCE AMENDING THE BIRCH BAY- BLAINE SUBAREA
26 COMPREHENSIVE PLAN MAP FROM COMMERCIAL-RESORT TO
27 COMMERCIAL- GENERAL AND THE OFFICIAL ZONING MAP FROM
28 RESORT- COMMERCIAL TO GENERAL COMMERCIAL SUBJECT TO
29 A CONCOMITANT AGREEMENT FOR AN APPROXIMATELY 15
30 ACRE PARCEL IN THE NORTHEAST CORNER OF THE
Minutes, 12/10/91, Page 6
1 INTERSECTION OF THE BIRCH BAY - LYNDEN ROAD AND
2 HARBORVIEW ROAD (AB91 -289)
3 Laidlaw reported for Planning and Development and recommended approval.
4 SHE SO MOVED.
5 The motion carried unanimously.
6 9. RECEIPT AND CONSIDERATION OF HEARING EXAMINER'S
7 DECISION ON REMAND: SOUND PACIFIC RESOURCES FOR
8 BEACHWOOD RESORT, MDP 1 -75A (AB91 -367)
9 IMHOF MOVED TO AFFIRM THE HEARING EXAMINER'S DECISION ON
10 REMAND.
11 The motion carried 5 -1 with Jackson opposed.
12 8:15 p.m.
13 10. CONSIDERATION OF APPEAL OF HEARING EXAMINER'S DECISION
14 ON SV7 -91, FILED BY MELSTRAND (AB91 -430)
15 LAIDL.AW MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION.
.6 The motion carried unanimously.
17 11. APPOINTMENTS TO BOARDS AND COMMISSIONS BY COUNCIL
18 (AB91 -432)
19 PLANNING COMMISSION
20 Laidlaw and Jackson spoke in favor of Paige Shumway.
21 Hansey spoke in favor of Jim Heeringa.
22 ROLL CALL VOTE FOR PLANNING COMMISSION APPOINTMENTS:
23 Each member was asked to vote for either Jim Heeringa or Paige Shumway in
24 District II and Emil Baijot or Martin Keeley in District III.
25
District H
District III
26 Vander Yacht
Shumway
Baijot
27 Imhof
Heeringa
Baijot
28 Laidlaw
Shumway
Baijot
29 Jackson
Shumway
Baijot
Minutes, 12/10/91, Page 7
1 Hansey Heeringa Baijot
2 Warner Shumway Keeley
3 In District II, Shumway was appointed 4 -2.
4 In District III, Baijot was reappointed 5 -1.
5 SOLID WASTE ADVISORY COMMITTEE
6 Bob Imhof spoke in favor of Mahar.
7 ROLL CALL FOR THE SOLID WASTE ADVISORY
8 Each member was asked to vote for two members for two citizen members from the
9 following nominees: Dan Mahar; Nancy Keene; Dusty Anderson; Amelia Lunde; and one
10 member for the industry position from either John Webb or Herb Krause.
11 Vander Yacht Mahar Keene
12 Imhof Mahar Anderson
13 Laidlaw Mahar Anderson
14 Jackson Anderson Keene
15 Hansey Mahar Lunde
16 Warner Mahar Anderson
17 Dan Mahar was reappointed and Dusty Anderson was appointed in the citizen
18 category.
19 Vander Yacht Webb
20 Imhof Webb
21 Laidlaw Webb
22 Jackson Krause
23 Hansey Webb
24 Warner Webb
25 John Webb was reappointed as the industry member.
26 BOARD OF EQUALIZATION
27 ROLL CALL VOTE FOR THE BOARD OF EQUALIZATION
28 There was one nominee, Jim Bliss.
29 Vander Yacht Bliss
30 Imhof Bliss
Minutes, 12/10/91, Page 8
1 Laidlaw Bliss
2 Jackson Bliss
3 Hansey Bliss
4 Warner Bliss
5 Jim Bliss was reappointed to the Board of Equalization.
6 12. FOREST PRACTICES REPORT BY RANDY WATTS (FOLLOW UP TO
7 LAKE WHATCOM AGENDA DISCUSSION ON 12/3) (AB91 -379)
8 Watts said the County cannot legislate the logging practices but can watch to see that
9 proper practices are being followed by the Department of Natural Resources. The County
10 must prove there is a clear violation in Superior Court.
11 INTRODUCTION (NO ACTION AT THIS TIME
12 1. ORDINANCE ADOPTING INTERIM REGULATIONS PROHIBITING
13 THE ISSUANCE OF BUILDING PERMITS OUTSIDE OF ESTABLISHED
14 FIRE DISTRICT BOUNDARIES FOR A PERIOD OF 18 MONTHS OR
15 UNTILL, COMPLETION OF THE COMMERCIAL RURAL FORESTRY
16 SPLIT AND ANNEXATION INTO EXISTING FIRE DISTRICTS OR
17 CREATION OF NEW DISTRICTS (AB91 -200A) (PLANNING)
18 2. RESOLUTION ADOPTING FOR POINT ROBERTS TRANSPORTATION
19 BENEFIT DISTRICT A ONE((-CENT PER GALLON TAX ON THE SALE
21 BEARING ON THIS IRESOLTUTION- ALTHOUGH NORMALLY THE
22 IMPOSITION OF A TAX /PENALTY WOULD BE BY ORDINANCE, THE
23 COUNCIL WILL BE ACTING AS THE GOVERNING BOARD OF THE
24 TRANSPORTATION DISTRICT. ALL DISTRICT ACTIONS ARE TAKEN
25 BY RESOLUTION) -
26 Items 1 and 2 were received and will be forwarded for the appropriate action.
27 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
28 Next meeting: Warner said the December 17 meeting will be at 4 p.m.
29 The meeting was adjourned at 8:38 p.m.
30
31 ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
32
33 = Barbara Maher, Deputy Clerk Daniel M. Warner, Chairman
Minutes, 12/10/91, Page 9