HomeMy WebLinkAboutCounty Council July 9 19911 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 July 9, 1991
4 The meeting was called to order at 6:30 p.m. by Council Chairman Dan Warner in
5 the Council Chambers, 1000 North Forest, #203, Bellingham-
6 Present: Absent:
7 Dennis Vander Yacht None
8 Don Hansey
9 Bob Imhof
10 Marge Laidlaw
11 Mary Vanderpol
12 Emily Jackson (late)
13 READING AND APPROVAL OF MINUTES
14 The minutes of the May 14, 1991 meeting were amended as follows: Page 4, line 21,
15 after "Regional" add "Geographical" and page 5, line 18, add "relaying" after "than'.' The
16 minutes were then accepted.
17 EXECUTIVE ITEMS
:8 1. REQUEST TO ESTABLISH THREE 2 /3 -FTE POSITIONS FOR THE
19 JUVENILE DETENTION FACILITY (AB91 -250) ,
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Van Zanten explained this issue. Vanderpol reported Finance recommended
approval of this issue.
HE SO MOVED.
The motion carried unanimously.
2. RECISION OF THE BID AWARD FOR THE PARKS DEPARTMENT
SENIOR CENTER REMODEL PROJECT (AB91 -188A)
Vanderpol explained the issue and reported Finance recommended the recision of
the bid award and the rejection of all bids.
HE SO MOVED.
The motion carried unanimously.
3. REQUEST FOR APPROVAL OF EMERGENCY SOLE SOURCE
PURCHASE OF TWO WASHER /EXTRACTORS FOR THE JAIL (AB91-
251)
*TAPE MALFUNCTION - NO TAPES FOR THIS MEETING.
1 Van Zanten explained this issue. Vanderpol reported Finance recommended
2 approval of this issue.
3 - HE SO MOVED.
4 The motion carried unanimously.
5 4. BID AWARD FOR TWO SINGLE AXLE DUMP TRUCKS TO THE LOW
6 BIDDER, MOTOR TRUCKS, INC. FOR A TOTAL COST OF $93,189.45
7 (AB91 -252)
8 Van Zanten explained this issue. Vanderpol reported Finance recommended
9 approval of this issue.
10 HE SO MOVED.
11 The motion carried unanimously.
12 5. BID AWARD RECOMMENDATION FOR A PUP TRAILER TO THE
13 LOW BIDDER, LYNNWOOD TRUCK EQUIPMENT FOR TOTAL COST
14 OF $22,628.95 INCLUDING TAX (AB91 -253)
15 This item was held in committee.
16 6. REQUEST FOR AUTHORIZATION TO PURCHASE FERRY HULL
17 INSURANCE (AB91 -254)
18 Van Zanten explained this issue. Vanderpol reported Finance recommended
19 approval.
20 HE SO MOVED.
21 The motion carried unanimously.
22 7. EXECUTIVE'S REPORT
23 Van Zanten distributed the road report and a memo from Shelly Damewood.
24 OTHER ITEMS
25 1. RESOLUTION ESTABLISHING CRITICAL WATER SUPPLY AREA
26 BOUNDARIES TO DEVELOP A COORDINATED WATER SYSTEM
27 PLAN (AB91 -197) (CONTINUED FROM 6/25)
Minutes, 7/9/91, Page 2
HANSEY MOVED TO INCLUDE ALL AREAS IN WESTERN WASHINGTON
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3 Hansey spoke to his motion.
4 The motion carried 5 -1 with Laidlaw against.
5 This item was dealt with before Open Session.
6 This item was moved to the time following Executive Items to allow the very large
7 crowd an opportunity to have their item dealt with early.
8 Jackson arrived at the meeting.
9 OPEN SESSION
10 Roy Van Schottenstein, Lake Whatcom Boulevard Association: Following the last
11 meeting it was decided to break #13 down into segments. The Lake Whatcom Boulevard
12 Association measured the road at Rocky Ridge and agreed the area mentioned is very
13 dangerous, and for an addition quarter of a mile there are no shoulders on the road.' His
14 group does not disagree with a safety remedy at that point and would like to have a speed
15 limit of 25 mph included. The group is concerned that the ecology of the lake be preserved
16 and that the $1.2 million being put on Lake Whatcom Boulevard would encourage the
17 County to work on all of the road. His group would like to see the County adopt 13a with
18 the notation that they are not rescinding their opposition entirely but would like to see it
19 done for the reason of safety and that 13b and 13c be moved after 41b and 41c.
20 Roger Bourm, 1923 Lake Whatcom Blvd: 13a seems to have grown from Rocky
21 Ridge to 1.4 miles. He said he would like a bikeway or a walkway on the road and he
22 would prefer the rest of the money to be put into the Lake Whatcom Connector.
23 Sherilyn Wells, 1020 Geneva: She mentioned the Forestry Workshop, August 3 -5.
24 HEARINGS
25 _ 1. ORDINANCE SETTING FORTH RULES AND REGULATIONS
26 COUNTY -WIDE FOR THE INSTALLATION OF FUEL STORAGE
27 TANKS AND ESTABLISHING ADMINISTRATIVE PROCEDURE FOR
28 THE ISSUANCE OF PERMITS AND INSPECTIONS (AB91 -238)
29 John Tyler, Building and Codes (B &C), explained the investigations his department
30 had carried out. This is the same as the state and federal regulations with-the size of tanks
31 reduced. There is a requirement for periodic examination of tanks. There have been
32 accidental leaks that have been discovered so this is in answer to a problem.
Minutes, 7/9/91, Page 3
1 Hansey asked what the size was; Tyler said 285 gallons.
2 Jackson asked if this applies to the cities. Tyler said they have worked in conjunction
3 with the City of Bellingham, and the paperwork will be offered to the small cities.
4 Vanderpol said the only change is reducing the tank size from 1100 to 285 gallons.
5 Vander Yacht asked about inspection and monitoring; Tyler said a fuel purveyor can
6 make the inspection and his department keeps a record.
7 Dan O'Connor, B &C Administration: When an underground tank is installed there
8 will be a meter installed to easily-see the usage.
9 The public hearing was opened. Hearing no comment, the hearing was closed.
10 IMHOF MOVED TO REFER THIS TO THE PUBLIC SERVICES AND SOLID
11 WASTE COMMITTEE.
12 The motion carried 5 -2 with Vanderpol and Warner against.
13 2. ORDINANCE CREATING A POINT ROBERTS TRANSPORTATION
14 BENEFIT DISTRICT (AB91 -217A)
15 The public hearing is opened.
16 Martin Keeley, 610 South Beach Road: Would like to endorse the ordinance and
17 hopes the Council will go to the maximum of 1 cent tax. He recommended some changes
18 in section 3 under I; this could be expanded to fund a ferry system to connect this area to
19 other areas in the County.
20 Sid Wallace, South Beach Road: Objected to things that were added in the
21 advertisement that were not in the original exchange. He said it was his understanding the
22 state divided the amount of funds. He would like the money collected in .Point Roberts to
23 be designated for Point Roberts.
24 The public hearing was closed.
25 LAIDLAW MOVED ADOPTION OF THE ORDINANCE CREATING THE
26 DISTRICT.
27 VANDERPOL MOVED TO DELETE SECTION 3, B,C,D, AND G.
28 Linda Irvin said the language was taken directly out of the RCW.
29 Vanderpol withdrew his motion to amend.
30 The motion carried unanimously.
Minutes, 7/9/91, Page 4
1 3. ORDINANCE PROVIDING FOR AN ANNUAL INTEGRATED ROAD -
2 SIDE VEGETATION MANAGEMENT PROGRAM (AB91 -237)
3 Tyler explained this issue. He said the department is reducing the amount used and
4 taking special care that the least amount of chemicals for vegetation management is used.
5 The public hearing was opened.
6 Art Pohl, Seacrest Drive: In favor of this ordinance and helped craft it. Originally
7 he wanted no chemicals but realized some chemicals are needed to maintain road
8 management.
9 Elaine McRory, 1781 North Shore Road: She said they still get their drinking water
10 from the lake. She urged the council to pass this.
11 Sherilyn Wells: Spoke for Friends of Lake Whatcom and urged the Council to pass
12 this ordinance. She recommended some changes to the ordinance
13 Distributed some literature to the Council.
14 Russ Van Buren, Manager of Puget Power: Would urge the adoption of the
15 ordinance and would ask that the Council disregard the Wells suggestions.
16 Tim Wilson, Puget Power: He said the fourth word on page 2, item d is "all" before
l7 persons and wonders if this is appropriate.
18 The public hearing was closed.
19 LAIDLAW MOVED ON PAGE 1, LINE 33 ADD THE WORD "MAINTAINED ".
20 This was withdrawn.
21 LAIDLAW MOVED TO ADOPT THE SUBSTITUTE VERSION OF THE
22 ORDINANCE.
23 The substitute version has the following changes: Page 1, line 30 and 31, change
24 _ "pesticides" to "herbicides;" Page 2, lines 9 and 13 change "pesticides" to "herbicides;" Page
25 4, I became a full sentence after F, and G and H became items A and B on Page 5.
26 HANSEY MOVED TO ADD THE WORD "MAINTAINED" BEFORE THE
27 WORDS "ROAD RIGHTS -OF -WAY" ON PAGE 1, LINE 33 AND WHEREVER
28 APPROPRIATE.
29 The motion to amend carried unanimously.
Minutes, 7/9/91, Page 5
1 The motion carried unanimously.
2 4. PETITION FOR VACATION OF A PORTION OF FIFTH STREET,
3 FILED BY WALDORF ASSOCIATION OF WHATCOM COUNTY (AB91-
4 207)
5 Jack Weiss, Member of Waldorf Association: He said there was agreement of the
6 Council to vacate all of the road but only half of the road was vacated. He asked if there
7 could be a waiver of the administrative fees on this issue. They would be happy to pay the
8 advertising fees.
9 Gene Altman, Engineering: Asked if the Council had received his letter; the answer
10 was yes.
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The hearing was closed.
IMHOF MOVED TO APPROVE THE VACATION OF A PORTION OF FIFTH
STREET.
The motion carried unanimously.
IMHOF MOVED TO WAIVE THE ADMINISTRATIVE FEES, NOT INCLUD-
ING THE ADVERTISING FEES.
Warner spoke against the motion.
The motion failed 7 -0.
5. PETITION FOR VACATION OF A PORTION OF MARINE DRIVE,
FILED BY RON & JOAN DIXON (AB91 -190) (THIS HEARING WILL BE
CONTINUED TO THE JULY 23 MEETING)
The public hearing was opened.
Frank Juillet, no address given: Asked what happens to the portion of land vacated
_ and does it go to the County; Warner said it goes to the land owner (petitioner).
The hearing was continued to July 23.
6. RESOLUTION IN THE MATTER OF DECLARING CERTAIN COUNTY -
OWNED PROPERTY SURPLUS PURSUANT TO RCW 36.34.020 (AB91-
258)
The public hearing was opened. Hearing no comment the public hearing was closed.
Minutes, 7/9/91, Page 6
1 HANSEY MOVED TO PASS THIS RESOLUTION.
2 The motion carried unanimously.
3 OTHER ITEMS
4 1. RESOLUTION ESTABLISHING CRITICAL WATER SUPPLY AREA
5 BOUNDARIES TO DEVELOP A COORDINATED WATER SYSTEM
6 PLAN (AB91- 197)(CONTINUED FROM 6/25)
7 This item was moved ahead to the time following Executive Items.
8 2. RESOLUTION ADOPTING THE SIX -YEAR ROAD PROGRAM (AB91-
9 196A) (THIS ITEM WAS REFERRED TO PUBLIC SERVICES AFTER
10 THE PUBLIC HEARING 6/25)
11 IMHOF MOVED TO ADOPT THIS RESOLUTION.
12 Imhof said the amendment passed last week regarding Slater Road was not on this
13 draft.
14 HANSEY MOVED THAT ITEM 13B BE MOVED TO 41B AND 13C MOVED
15 TO 41C.
16 The amendment carried unanimously.
17 HANSEY MOVED TO DELETE THE ONE MILLION DOLLAR FOR THE
18 SECOND YEAR IN 13A AND HAVE THE MONEY MOVED INTO THE
19 CONNECTOR FUND.
20 Laidlaw said she would vote for it but not necessarily for the reason of the Lake
21 Whatcom Connector.
22 Jackson said she thinks this should be discussed on the one year program. She would
23 hate to jeopardize our federal funding. Henken said he did not think it would and it would
24 probably not be done next year any how.
25 The motion to amend carried 5 -2 with Imhof and Jackson against.
26 The motion carried unanimously.
27 3. RESOLUTION ADOPTING THE COUNTY HAZARDOUS WASTE
28 MANAGEMENT PLAN (AB91 -255)
29 This item was held in committee.
Minutes, 7/9/91, Page 7
1 3. RESOLUTION REQUESTING THE ADMINISTRATION TO ESTABLISH
2 A DATABASE OF WHATCOM COUNTY BUSINESSES (AB91 -247)
3 This item was held in committee.
4 4. RESOLUTION AUTHORIZING APPLICATION FOR FUNDING FROM
5 WASHINGTON STATE INTERAGENCY COMMITTEE FOR OUTDOOR
6 RECREATION (AB91 -256)
7 VANDERPOL MOVED APPROVAL OF THIS ITEM.
8 Vanderpol moved to amend page 1, line 18 after '"Trail' add "commonly known as
9 Teddy Bear Cove;" line 23 delete "ten (10)" and add "eleven (11);" and line 24 after
10 "Washington" add "commonly known as Teddy Bear Cove."
11 , Jackson asked if in the future the Council could have sales agreements before
12 making decisions on these items. She had asked for this document but had not received it.
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The motion carried unanimously.
5. ORDINANCE AUTHORIZING THE EXECUTIVE TO PURCHASE
PROPERTY FOR PUBLIC BENEFIT AND TO PURSUE SOURCES FOR
FUNDING ASSISTANCE (AB91 -236)
VANDERPOL MOVED TO ADOPT THIS ITEM.
The motion carried unanimously.
6. RESOLUTION IN THE MATTER OF DECLARING CERTAIN COUNTY -
OWNED PROPERTY SURPLUS PURSUANT TO RCW 36.34.020 (AB91-
258)
This item was dealt with under the hearings section.
7. RESOLUTION ESTABLISHING INTERIM REGULATIONS FOR
DOMESTIC WATER SUPPLY (AB91 -127) (THIS ITEM MAY BE KEPT
IN COMMITTEE)
Hansey reported for Water Resources Committee recommended approval with
Attachment A.
HE SO MOVED.
Dr. James mentioned an inadvertently missing part of a paragraph on page 9, section
Minutes, 7/9/91, Page 8
1 3a and page 12, section la which should read "Finished water quality from a proposed
2 source of supply shall conform to the minimum quality standards established in WAC 246-
3 290 -310 or if not included in state regulations EPA primary drinking water requirements
4 (40 cfr parts 141 and 142).
5 There was discussion between Laidlaw and Dr. James on the following items:
6 "adjacent," "no protest agreement" and the laws regarding water supply.
7 The motion carried unanimously.
8 8. RESOLUTION OF INTENT FOR THE FORMATION OF A LAKE
9 MANAGEMENT DISTRICT FOR THE LAKE SAMISH AREA AND
10 SETTING A PUBLIC HEARING ON THE FORMATION OF THE
11 DISTRICT (AB91 -257)
12 Hansey reported Water Resources Committee recommended approval.
13 HE SO MOVED.
14 The motion carried unanimously.
15 Jan Omey thanked the Council, the Executive and everyone involved.
16
'.7 INTRODUCTION
18 1. RECEIPT OF OPEN SPACE APPLICATION, FILED BY NATHANIEL S.
19 MILLER (AB91 -244)
20 (HEARING TO BE SCHEDULED ON ITEMS 2 -11; NO COMMITTEE. ASSIGNMENT)
21 2. ORDINANCE ESTABLISHING SPEED LIMITS ON CEMENT PLANT
22 ROAD, A PORTION OF MARINE DRIVE, IMHOF ROAD, STORR
23 ROAD, BAY ROAD AND KICKERVILLE ROAD (AB91 -259)
24 3. ORDINANCE TO ESTABLISH SPEED LIMITS ON STRAWBERRY
25 _ POINT ROAD AND CORONADO AVENUE OFF LAKE WHATCOM
26 BOULEVARD (AB91 -260)
27 4. ORDINANCE ESTABLISHING SPEED LIMITS ON FIVE ROADS
28 WITHIN THE BOUNDARIES OF THE LUMMI INDIAN RESERVATION
29 (AB91 -261)
30 5. ORDINANCE ESTABLISHING OR REDUCING SPEED LIMITS ON
31 SEVEN ROADS IN THE LAKE SAMISH VICINITY (AB91 -262)
Minutes, . 7/9/91, Page 9
1 6. ORDINANCE PLACING SPEED LIMITS ON MURRAY ROAD,
2 WEIDKAMP ROAD AND NORTH TELEGRAPH ROAD (AB91 -263)
3 7. ORDINANCE PLACING STOP SIGNS ON VARIOUS COUNTY ROADS -
4 FOX ROAD, KALE LANE AND CANTERBURY LANE (AB91 -264)
5 8. ORDINANCE PLACING STOP SIGNS ON DRAYTON HARBOR ROAD
6 (AB91 -265)
7 9. ORDINANCE CLOSING DRAYTON HARBOR ROAD TO THROUGH
8 TRAFFIC (AB91 -266)
9 10. ORDINANCE AMENDING ORD. 90-95, SOLID WASTE SERVICE
10 LEVELS (AB91 -267)
11 11. ORDINANCE AMENDING ORDINANCE 89 -103, AND ORDINANCE
12 ESTABLISHING WHATCOM COUNTY FERRY RATES (AB91 -268)
13 12. ORDINANCE RENAMING THE MENTAL HEALTH REVOLVING
14 FUND AND EXTENDING EXPIRATION DATE FOR FUND (AB91 -269)
15 (FINANCE)
16 13. ORDINANCE AMENDING 1991 BUDGET AUTHORIZING REPAIRS
7 TO THE NOOKSACK RIVER PROTECTION SYSTEM (AB91 -270)
18 (FINANCE)
19 14. ORDINANCE AUTHORIZING THE SALE OF BONDS FOR THE
20 COURTHOUSE ADDITION (AB91 -271) (FINANCE)
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REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Council Picnic: Warner announced he would host the Council picnic on August 22.
July 4th Veterans Picnic at Hovander Park: Jackson said a great time was enjoyed
by all in attendance; the veterans asked that the Council be thanked.
ATTEST.
27 'I .1. laj_-e�
28 :.., . Maher, Deputy
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Daniel M. Warner, Council Chairman
Minutes, 7/9/91, Page 10