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HomeMy WebLinkAboutCounty Council January 11 1991WHATCOM COUNTY COUNCIL REGULAR MEETING January S 1991 Council Chairman Don Hansey called the meeting to order at 7 p.m. in the Council Chambers, 1000 N. Forest Street. He noted this meeting is to replace the January 8 meeting, which was postponed due to inclement weather. Also Present: Absent: Dan Warner None. Mary Vanderpol Emily Jackson Marge Laidlaw Bob Imhof Dennis Vander Yacht SPECIAL ORDER OF BUSINESS ANNUAL REORGANIZATION OF THE WHATCOM COUNTY COUNCIL (AND APPOINTMENTS OF CITIZEN REPRESENTATIVES TO HEALTH BOARD ADVISORY AND LAKE WHATCOM WATERSHED COMMITTEES) (AB91 -001) Haney explained to the audience that Council reorganization is an annual requirement under the County Code. Haney will turn over the gavel to the new Council Chairperson at the end of the meeting. VANDERPOL MOVED TO NOMINATE VARIOUS PERSONS FOR THE OFFICES AS LISTED BELOW; IF THERE ARE NO FURTHER NOMINATIONS, HE WOULD LIKE THE ENTIRE SLATE VOTED ON BY ROLL CALL VOTE. IF THERE ARE OBJECTIONS TO ANY OF THE NOMINATIONS, THOSE OBJECTED TO WILL BE DONE SEPARATELY. Vanderpol's Slate: Warner as Chairman; Hansey as Vice - Chairman; Vanderpol as Executive Pro -Tem. Finance: Imhof, Vanderpol, Laidlaw. Planning & Development: Laidlaw, Jackson, Hansey. Public Services: Vanderpol, Vander Yacht, Imhof. Capital Projects: Hansey, Imhof, Laidlaw. Health Board Advisory Committee: By- passed. Lake Whatcom Watershed: By- passed. Council on Aging: Jackson. Council of Governments: Haney, Laidlaw. Developmental Disabilities: Imhof. Minutes, 1/11/91, Page 1 Fourth Comer: Haney. LEOFF: Imhof. Mental Health Advisory: Vanderpol. Mount Baker Theater: Vanderpol. Northwest Air Pollution Authority: Imhof. Northwest Regional Council: Jackson. Opportunity Council: Jackson. Public Defense Advisory Board: Warner. Solid Waste Advisory Committee: Warner. Substance Abuse Advisory Board: Vander Yacht. Whatcom Transit Authority: Laidlaw. Jackson asked that the WTA appointment be set aside, because she would like to nominate herself to serve on that Board. JACKSON NOMINATED HERSELF FOR APPOINTMENT TO THE WTA. Haney asked if there were other nomination. Warner said he wanted to remain on the Capital Projects Committee. After some discussion: IMHOF WITHDREW FROM CONSIDERATION FOR APPOINTMENT TO CAPITAL PROJECTS. VANDERPOL NOMINATED WARNER FOR CAPITAL PROJECTS. Hansey called for a roll call vote on all nomination, with the exception of the WTA, Health Board Advisory Committee and Lake Whatcom Watershed Committee. Vanderpol's slate, with the exception noted above, carried unanimously. Whatcom Transit Authority (WTA): Jackson spoke in favor of her desire to represent the Council on the WTA board. Haney asked the Council to vote for either Jackson or Laidlaw. The vote was five for Laidlaw, with Vander Yacht and Jackson voting for Jackson. HBAC /LWWS: WARNER MOVED TO DEFER DISCUSSION UNTIL THE RETREAT ON JANUARY 26. Jackson suggested the second position on the Transit Authority Board should be discussed at the retreat. Warner said he would not accept the matter as an amendment to his motion. Discussion ensued. It was decided that existing Watershed representatives from the County Council would remain in office until it is decided otherwise. Motion carried unanimously. Minutes, 1/11/91, Page 2 EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR A DIESEL TANDEM AXLE DUMP TRUCK TO THE LOW BIDDER, MORGAN BROTHERS OF EVERETT, INC., FOR A WESTERN STAR MODEL 466F DUMP TRUCK WITH A LYNNWOOD BODY AT A TOTAL PRICE OF $88,574.49, INCLUDING SALES TAX (AB91 -002) and 2. BID AWARD RECOMMENDATION FOR AN ALL -WHEEL DRIVE ARTICULATED MOTOR GRADER TO THE OVERALL LOWEST AND BEST BIDDER, NC MACHINERY COMPANY, FOR A CATERPILLAR 140G GRADER AT A TOTAL PRICE OF $137,324.81 INCLUDING TRADE IN, OPTIONS AND SALES TAX (AB91 -003) 6 -8 Executive Shirley Van Zanten was present to explain this and other "Executive Items." She was unable to attend the Finance Committee meeting. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Imhof spoke against awarding the bid at this time. Public Services asked the Administration for information in November, he said, regarding the purchase of heavy equipment. The information delivered to him in December was not complete, he said, discussing the goal of his inquiry. Van Zanten said a memo was transmitted to her staff by the Council Office and her staff had responded exactly with the information requested. Discussion ensued (see transcript in AB90 -002 file for full discussion). Imhof asked that the first two items be sent back to the Public Services Committee for further review. He said it was possible the Council could make its decision January 22. There was discussion of the possible loss of the low bid. Warner withdrew his motion to approve. Discussion ensued. 3. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT FOR THE POINT ROBERTS TRANSPORTATION STUDY WITH THE TRANSPO GROUP IN AN AMOUNT NOT TO EXCEED $22,000 (AB91 -004) 9 -24 A copy of the proposed contract and the scope of work were included in the packet (paperwork on file). Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. Minutes, 1/11/91, Page 3 4. EXECUTIVE'S REPORT Storm Damage: No estimate for damage yet firmly available; however, it is safe to say the County is suffering a fair amount of damage to County facilities, unexpected costs related to snow plowing, flooding, road damage, and tree removal. The Executive commended Public Works crews for putting in tremendous amounts of overtime since November. Jackson commented. Haney asked about the declaration of an emergency due to the storms; because the events have flowed together so rapidly, can the events be grouped as one emergency? The Executive said yes. She spoke about her concerns that more storm and flood damage would occur in the near future. The river probably won't even need to reach flood stage to start flooding because all the dikes are broken. Gravel bar scalping: Though prohibited in the past by the state Department of Natural resources, allowing people to remove gravel from bars in the river is now a possibility to help remove debris and decrease chances of flooding. This change in policy is due to a recent meeting with the DNR, Van Zanten said. According to state law, DNR is responsible for removing debris from navigable waters; the Nooksack River is considered navigable up to Deming. The County will meet with DNR officials next week, and Van Zanten said she is reasonably optimistic the County will get DNR's assistance in removing debris from the river. Warner said thank you, on behalf of the citizens of Whatcom County, to the Executive, road crews, and others who have been working around the clock to make the roads navigable. The first flood started Nov. 8, and in eight to nine weeks the County's Public Works crews have been on 24 hour duty for all but seven or eight days. They have done an outstanding job, the Executive agreed. OPEN SESSION Tom Hayden, 4345 Williams Road, Everson: Vanderpol introduced him, said he represents a large number of people present this evening (note: later that group came to be known as "Save Our Property," or "S.O.P. ") Hayden presented a petition in favor of forming a diking district in the Deming area, and would like the Council to pass a resolution initiating the formation process. Vanderpol said at the conclusion of Hayden's remarks, he would make a motion asking Engineering to draft the resolution for Council consideration. Hayden displayed a large map (not on file) and pointed out the boundaries of the proposed district, which runs from Deming to Nugents Corner to the Lawrence area. The goal is to have this done in time for the proposal to be included on the May 15 ballot. (NOTE: This item will be filed under AB91 -020). Discussion continued. Open session was closed. VANDERPOL MOVED TO REQUEST THAT THE COUNTY ENGINEER DRAFT THIS RESOLUTION AND BRING IT FORWARD FOR COUNCIL Minutes, 1/11/91, Page 4 CONSIDERATION AT THE EARLIEST POSSIBLE TIME. Motion carried unanimously. Vanderpol again commended Engineer Ed Henken and other Public Works employees for the work they've been doing. HEARINGS AND FINAL CONSIDERATION 1. PETITION FOR VACATION OF BASS STREET, FILED BY ICSAN REYNOLDS AND MICHAEL J. MCGINNIS -- RECONSIDERATION WITH DIFFERENT LEGAL DESCRIPTION (AB90 -185) 25 -33 The hearing was opened. Icsan Reynolds, 801 Woodbine: He said his only question was regarding reimbursement, of $1.50 per square foot. He had difficulty with it since the property was given to the County free of charge, and nearby property was recently purchased for 35 cents per square foot unimproved. With utilities, property is valued at 60 cents per square foot. The hearing was closed. Vanderpol said Public Services recommended a do pass on the petition because all of the agencies reviewing the petition recommended approval. VANDERPOL MOVED TO APPROVE THE PETITION FOR VACATION. He did ask Henken to explain the square foot price. In general terms, the property is quite close to houses, becomes part of an improved lot, and should not be considered unimproved property. The reason the petition is being sought is because the buildings nearby were illegally constructed with incorrect setbacks from the right of way. Imhof noted this request had previously been denied by the Council. He spoke in support of Engineering's recommendation. Jackson spoke about the property value. She said the County shouldn't gouge citizens. Laidlaw said she objected to the implication that staff was gouging the public; Jackson said she hadn't meant that. Discussion ensued. Mr. Reynolds attempted to testify further, and Hansey would not allow it. Warner commented. Motion to approve the petition carried with Jackson in opposition. 2. PETITION FOR VACATION OF A PORTION OF WASHINGTON STREET, AKA FOREST VIEW DRIVE AND ALLEY, FILED BY ICSAN REYNOLDS (AB90 -387 The hearing was opened. Icsan Reynolds, 801 Woodbine: This petition relates to Forest View Drive, the last portion that has not previously been vacated. The other portion was vacated in 1976. He Minutes, 1/11/91, Page 5 said he was unable to attend Public Services because he had been told the meeting was at 6 p.m., when it actually met at 5:30. The hearing was closed. VANDERPOL MOVED TO APPROVE OF THE PETITION; NO VALUE BECAUSE 1889 TERRITORIAL LAND ACT. Motion carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE CHANGING THE LAKE WHATCOM WATERSHED COMMITTEE TO THE WATER RESOURCES COMMITTEE (AB90 -451) 38 -39 Vanderpol said the Committee felt the proposed name change reflects the scope of the committee as it should be. Warner clarified the Council's interest in the Lake Whatcom Watershed will not be diminished; the name change would allow the Council to study a broad range of water - related issues. Hansey explained this is affecting only the County Council's three - member standing committee, not the joint city - county Lake Whatcom Watershed Committee. VANDERPOL MOVED TO ADOPT THE ORDINANCE. Jackson said she saw no danger in doing this, but noted there was resistance at the joint LWWS meeting because committee members felt the change would diminish attention to Lake Whatcom. However, she said she would support the motion. Motion carried unanimously. 2. ORDINANCE INCREASING THE NUMBER OF MEMBERS ON THE SOLID WASTE ADVISORY COMMITTEE (AB90 -455) 40 -43 Vanderpol said this was discussed with Solid Waste Manager Bob Jurica and his assistant Jack Weiss, worried that in general a committee would be too top heavy if the number were increased to nine. However, they said a committee of this importance can only be benefitted by this change. So Public Services recommended a do pass. VANDERPOL MOVED TO ADOPT THE ORDINANCE. Jackson asked which agencies or groups would the new members represent. Haney said the ordinance only stipulates that there be a balance between the categories. Discussion ensued. Minutes, 1/11/91, Page 6 Motion carried unanimously. 3. ORDINANCE AMENDING ORDINANCE 90 -95, THE SERVICE LEVEL ORDINANCE, ALLOWING THE MINI -CAN OPTION TO BE PROVIDED ON MONTHLY BASIS; POSTPONING THE EFFECTIVE DATE OF GARBAGE AND RESIDENTIAL RECYCLING SERVICE LEVELS TO MAR. 1, 1991 AND NONRESIDENTIAL RECYCLING SERVICE LEVELS TO MAY 1, 1991 (AB90" Vanderpol explained this item had been recommended for a do pass by the Public Services Committee. He said this would allow some people to have garbage pickup on a once - monthly basis. This had the recommendation of Jack Wiess and Bob Jurica, he said. There was discussion about the impact of citizen referenda on this matter. VANDERPOL MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 4. ORDINANCE AMENDING CHERRY POINT- FERNDALE SUBAREA COMP PLAN MAP FROM URBAN RESERVE COMMERCIAL TO URBAN RESERVE AND THE OFFICIAL ... ZONING MAP FROM GENERAL COMMERCIAL TO URBAN RESIDENTIAL FOR THREE DWELLING UNITS PER ACRE FOR APPROXIMATELY ONE ACRE (AB90 -442) 47 -58 Laidlaw explained this was in the Planning and Development Committee meeting. Because it was only one acre and did benefit some of the adjacent property owners, the Committee recommended a do pass. LAIDLAW MOVED TO ADOPT THE ORDINANCE. Warner asked a question; Planning Director Dan Taylor, Laidlaw, Hansey and Jackson discussed the matter. Motion carried unanimously. 5. ORDINANCE AMENDING THE ... ZONING ORDINANCE REGARDING SURFACE MINING ACTIVITIES IN THE RURAL, AGRICULTURE, FOREST AND GENERAL PROTECTION ZONING DESIGNATIONS (AB90 -443) 59 -79 Laidlaw said Planning and Development reviewed it, and because of some technical amendments, requested it be kept in committee until at least Jan. 22. The Committee would like to clear up some ambiguity. Hansey said also the question of whether to have a hearing will be made after the review. 6. ORDINANCE AMENDING THE ... ZONING ORDINANCE TO REQUIRE Minutes, 1/11/91, Page 7 THAT REQUESTS FOR DIVISIONS OF AGRICULTURAL LAND BE REVIEWED BY A COMMITTEE REPRESENTING BUILDINGS AND CODE, PLANNING, SOIL CONSERVATION SERVICE, AND AGRICULTURAL EXTENSION (AB90 -444 0 -82 Laidlaw reported that Planning and Development reviewed the matter and recommended a do pass. LAIDLAW MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 7. ORDINANCE REVISING THE 1991 CURRENT EXPENSE FUND, PLANNING DEPARTMENTS APPROPRIATION THEREIN TO ACCEPT TWO GRANTS, ONE FROM THE STATE DEPARTMENT OF COMMUNITY DEVELOPMENT AND ONE FROM THE STATE DEPARTMENT OF ECOLOGY (AB90 -453) 83 -85 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried unanimously. Some discussion followed the vote. 8. ORDINANCE ESTABLISHING A POLICY FOR NSF /RETURNED CHECKS (AB90 -440) 86 -88 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. It was noted by Treasurer Barb Cory that the ordinance should be amended to indicate it is amending an existing policy. Council agreed to the suggested amendments. Motion to adopt the ordinance, as amended, carried unanimously. OTHER BUSINESS 1. NOMINATIONS TO COUNCIL - APPOINTED POSITIONS ON BOARDS AND COMMISSIONS (AB91 -005) (SOLID WASTE ADVISORY COM. APPLICANTS LISTED ON AGENDA BILL) 89 -94 Haney said the Council could postpone nominations until the next meeting; because of the weather some people inquired about positions but were not able to submit applications. Minutes, 1/11/91, Page 8 2. NOMINATIONS FOR APPOINTMENT TO WHATCOM COUNTY DISTRICTING COMMITTEE (TWO MEMBERS FROM EACH OF THE TWO MAJOR POLITICAL PARTIES) (AB91 -006) 95 -97 Hansey gave background on the issue, urging the Council to act quickly in nominating and appointing people to this committee. Letters from the Republican and Democratic parties (both on file) included recommendations for the Council's consideration. WARNER MOVED TO SUSPEND THE RULES IN ORDER TO NOMINATE AND APPOINT MEMBERS TO THE COMMITTEE AT THIS MEETING. Motion carried. Each Council member was asked to state the four candidates they wished to have serve on the re- districting Committee. Those receiving the majority votes would be appointed. Council Member: Nominations /Votes: Jackson Don Houchens, Kelli Linville (Democrats) Al Raines, Eileen Sobjack (Republicans) Vander Yacht Same Haney Same Warner Same Laidlaw Same Vanderpol Same Imhof Same Haney announced the four new Committee members' names, and explained the time table the Committee would be working under. 3. DECISION ON APPEAL OF HEARING EXAMINER APPEAL, BOUNDARY HEIGHTS DEVELOPMENT, INC. (AB90 -378) JACKSON MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. Motion carried unanimously. 4. REPORT OF LAWSUIT AGAINST COUNTY REGARDING REFERENDA BALLOT TITLES (REF. # 90 -2 AND 90 -3) (RANDY WATTS) Chief Civil Deputy Prosecutor Randy Watts explained the appeal of ballot titles composed by the Prosecutor's Office. The court hearing is set for next week, an answer will be filed to C.A.N.'s complaint, and a motion was made to dismiss the complaint. Jackson commented. Watts said the court will give new ballot titles if necessary. Minutes, 1/11/91, Page 9 Warner spoke in favor of moving forward on the solid waste program, and said he objects to the use of the referendum to slow the process. He named several points on which the matter could be challenged. As a result: WARNER MOVED THE FOLLOWING: ON JANUARY 22, OR AS SOON THEREAFTER AS POSSIBLE, THE COUNCIL REQUESTS THE PROSECUTING ATTORNEY'S OFFICE TO FILE A DECLARATORY JUDGMENT ACTION IN ORDER TO TEST THE VALIDITY OF THE REFERENDUM FILED BY CAN CHALLENGING THE SERVICE LEVEL AND COLLECTION DISTRICT ORDI- NANCES. Jackson asked if the Council would respond to Davis's most recent letter regarding C.A.N.'s letter of intent. Warner said if Council wants to do so, it is fine. There was no objection. Discussion ensued. Motion carried with Jackson opposed. 5. *RECEIPT OF OPEN SPACE (TIMBER) APPLICATION FILED BY CLIFFORD ANDREASON (AB91 -007) (WILL BE REFERRED TO PLANNING COMMISSION) This item was received and referred to Planning Commission. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION ORDERING THE CANCELLATION OF UNCOLLECTMLE PROPERTY TAXES, AS OF JAN. 2, 1991 (AB91 -008) 98 -103 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 2. RESOLUTION ORDERING CANCELLATION OF WARRANTS OVER A YEAR OLD (AB91 -009) 104 -107 Warner reported that Finance recommended approval of this item. 11.1 "71`212![iuCOITA0 DID MEN 11.1 IIY u : ' ' [ • Motion carried. 3. RESOLUTION ACCEPTING TREASURER'S LIST OF PROPERTY TAX REFUNDS (AB91 -010) 108 -119 Minutes, 1/11/91, Page 10 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 4. RESOLUTION IN THE MATTER OF DEDICATING CERTAIN COUNTY - OWNED RIGHT -OF -WAY FOR PUBLIC USE AS A STREET TO THE CITY OF NOOKSACK (AB91 -011) 120 -126 Vanderpol reported that Public Services recommended approval of this item. VANDERPOL MOVED THAT THE ITEM BE APPROVED. Motion carried. 5. *ORDINANCE CONTINUING A TEMPORARY MORATORIUM ON PROCESSING OF CONDITIONAL USE PERMIT APPLICATIONS FOR SOLID WASTE DISPOSAL FACILITIES, PENDING STUDY OF APPROPRIATE OFFICIAL CONTROLS (AB91 -012) 127 This ordinance was withdrawn after action on item 7. 6. *ORDINANCE AMENDING THE TEXT OF THE OFFICIAL ZONING ORDINANCE TO ALLOW ADMINISTRATIVE APPROVAL INSTEAD OF CONDITIONAL USE APPROVAL OF TEMPORARY SECOND DWELLINGS FOR FAMILIES WITH SPECIAL MEDICAL NEEDS (AB91 -013) 128 7. EMERGENCY ORDINANCE CONTINUING A TEMPORARY MORATORIUM ON PROCESSING OF CONDITIONAL USE PERMIT APPLICATIONS FOR SOLID WASTE DISPOSAL FACILITIES, PENDING STUDY OF APPROPRIATE OFFICIAL CONTROLS (AB91 -012) Related to item five. HANSEY MOVED TO ADOPT THE EMERGENCY ORDINANCE. Haney explained the purpose (detailed in the "Whereas "' of the ordinance). May not even need to introduce number five. He noted this emergency ordinance needs five votes to carry. Motion carried unanimously. Minutes, 1/11/91, Page 11 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Changing of the Chairmanship: Hansey thanked the Council members for allowing him to be chairman for two years in a row, adding that he hoped they would afford the same level courtesy to Warner as they had to him. The meeting was adjourned at 8:33 p.m. ATTEST: Ramona Reeves, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Minutes, 1/11/91, Page 12