HomeMy WebLinkAboutCounty Council June 25 1991e
1
2 WHATCOM COUNTY COUNCIL
3 Regular Meeting
4 June 25, 1991
5 The meeting was called to order at 7 p.m. by Council Chairman Dan Warner in the
6 Council Chambers at 1000 N. Forest.
7 Present: Absent:
8 Dennis Vander Yacht Mary Vanderpol
9 Emily Jackson
10 Don Hansey
11 Bob Imhof
12 Marge Laidlaw
13 READING AND APPROVAL OF MINUTES
14 The minutes of the April 23 and May 7 meetings were accepted as presented with
15 one technical correction on each set.
16 EXECUTIVE ITEMS
17 1. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR RENTAL RATES
18 FOR LARGE EXCAVATORS FOR THE SUMAS RIVER CHANNEL
19 CLEANING PROJECT (AB91 -231)
20 Van Zanten explained this issue. Laidlaw stated Finance recommended approval.
21 SHE SO MOVED.
22 The motion carried unanimously.
23 2. NEW APPLICATION FOR A CLASS ACEF LICENSE FOR THE BEACH
24 STORE AND CAFE ELISABETH KENNEDY MARSHALL AND MARK
25 WILFRED MARSHALL AT 2200 N. NUGENT, LUMMI ISLAND (AB91-
26 232)
27 Imhof reported Public Service recommended approval.
28 HE SO MOVED.
29 The motion was carried unanimously.
30 3. REQUEST BY THE EXECUTIVE FOR ADDED FUNDING TO ALLOW
31 FOR REPAIR WORK ON THE NOOKSACK RIVER PROTECTION
Minutes, 6/25/91, Page 1
SYSTEM (AB91 -233)
2 Van Zanten explained her recommendation of allocating $775,000 toward the repairs.
3 She said that Federal Emergency Management Authority (FEMA) has not made a final
4 decision about what they will be able to give to this project, but this allocation from the
5 County is a permanent donation and would be the match for FEMA funds, if they come
6 through on their part of this project. She explained the projects and priorities and that if
7 all the parties come through there will be enough money to cover the whole list.
8 Imhof reported Public Service recommended approval.
9 HE SO MOVED.
10 Hansey asked if these were FEMA estimates; Henken said they were. In any
11 estimates over $38,000, FEMA would pay the agreed upon percentage even if it is more as
12 long as the scope of the project remained the same.
13 There was discussion among Hansey, Jackson, Henken and Van Zanten on FEMA
14 funding, Fisheries requirements, SEPA exemptions, etc.
15 Laidlaw said we are being asked to endorse the concept that we take $275,000 from
16 road fund and $500,000 from general fund to be used for river repair; Van Zanten agreed.
17 Jackson asked what percentage this is of the unencumbered fund; Van Zanten said
18 about 30 percent.
19 The motion was carried unanimously.
20 4. CLARIFICATION OF PROCEDURE FOR COUNCIL TO FOLLOW IN MAKING
21 REQUESTS OF THE ADMINISTRATION (MEMO DATED MAY 9) (AB91-
22 229)
23 HANSEY MOVED THE CHAIRMAN MEET WITH THE EXECUTIVE TO
24 CLARIFY COMMUNICATION ISSUES BETWEEN THE EXECUTIVE AND THE
25 COUNCIL.
26 Jackson wanted to be able to submit items other than those on Hansey's memo.
27 Council members were directed to submit concerns to the Chair who would communicate
28 these.
29 The motion carried unanimously.
30 5. EXECUTIVE'S REPORT
31 There was no report.
Minutes, 6/25/91, Page 2
1 ANNUAL REPORT: Shirley Forslof presented the annual report. Said they had
2 made it in the same format that won an award in all United States and Canada last year.
3 OPEN SESSION
4 Ben Henkle, 2582 North Shore Road: Spoke on his plan to garner interest free
5 money for capital improvement projects from the federal government. This is perfectly
6 legal. We are in real trouble with our debts because of the usurious money system. Can
7 you imagine the number of capital outlay projects would be voted in if the people thought
8 they were just paying one third of the amount because of the interest? We are getting
9 resolutions passed around the country to bring the demand for interest -free money to the
10 federal government. Please look at this very seriously. Our infrastructure is falling apart.
11 We need a resolution from this body to take to Congress.
12 Donna Clark, Coronado St.: A great deal of development going on in her area that
13 route onto Lake Whatcom Blvd. There will be a bloodbath because of the heavy traffic
14 being routed there. The County has vacated many streets, and we just can't vacate any more
15 until this issue is more thoroughly studied. Look at alternate routes for taking traffic off
16 Lake Whatcom Blvd.
17 Leroy Hallock, 833 Lake Whatcom Blvd.: Asked about the area being vacated as he
18 owns land on Grand Boulevard. If it affects his property, he opposes, the vacation.
19 JACKSON MOVED TO HAVE THE BEN HENKLE MATERIAL REVIEWED
20 BY BOB WOODS, THE BUDGET AND PROGRAM ANALYST, AND THE FINANCE
21 COMMITTEE.
22 The motion carried unanimously.
23 HEARINGS
24 1. RESOLUTION ESTABLISHING CRITICAL WATER SUPPLY AREA
25 BOUNDARIES TO DEVELOP A COORDINATED WATER SYSTEM
26 PLAN (AB91 -197) (2ND HEARING)
27 Warner stated that the State of Washington had adopted a law that states that local
28 areas need to adopt critical water supply service area boundaries. Once the boundaries are
29 established, the purveyors of water who have 50 or more customers will get together and
30 adopt standards that will mainly be concerned with the water flow regulations, the fire
31 regulations, and the size of the pipes. The particular issue causing concern is the fact that
32 the Water Utility Coordinating Committee (WUCC) adopted a proposal as a
33 recommendation to the County Council which states that all of the land in Western
34 Whatcom County west of the National Forest should be in the boundaries of the service
35 area except the Lummi Indian Reservation. All of the lands that are fee lands on the
36 Reservation would be included. The local Planning and Health staff as well as the State
Minutes, 6/25/91, Page 3
1 Department of Health advised against including the fee land on the Reservation because
2 this issue could be held up for years if the Lummi tribe takes this to Court. The non -tribal
3 owners are upset with this decision. It really only means that some folks would not be able
4 to vote on very technical items.
5 Diane Harper, Senior Planner: She said the primary reason they are recommending
6 the fee land not being included is there has to be written, signed agreements before this
7 could move ahead. She said the whole plan would have to be delayed if there is a boundary
8 dispute. This would be undesirable as it would default to the State Department of Health
9 if there is an unresolved boundary dispute. It is not known how the State would decide on
10 this issue, and it may be against the association. It would not be beneficial to the tribe as
11 they do not want to be under the State's jurisdiction. If this area is included, these
12 standards may never be applied since there is a dispute. Being included would only mean
13 one or two votes out of 60 or 70; if these residents do stay out, they would be welcome to
14 attend all session and be part of the Planning process.
15 Warner stated that one concern is standards and the other is the sovereignty issue.
16 The only effect the WUCC has on who runs water system is to define what happens if a
17 system gets in trouble. This will be a plan on how to provide water to people at that time.
18 In the early 70's the County lost a case where they tried to put a district in the Sandy Point
19 area.
20 Harper said the Planning staff fears that the State may insist on the nearest system,
21 which would be the Lummi system, but if the fee land owners were outside this plan, that
22 would not happen. If they are in the boundaries, there needs to be a signed agreement with
23 the tribe, and there doesn't seem to be much chance of this.
24 The public hearing was opened.
25 Linnea Smith, Secretary Treasurer of Gooseberry Point Water Association, Georgia
26 Manor Water Association, a member of SPIC, and a member of Fee Land Owner's
27 Association: Disagreed with Harper in that the County was allowed to form a water district
28 in Gooseberry Point and in the Sandy Point area; the outcome of the lawsuit was that the
29 Lummi Tribe was to provide sewer service for a period of five years. If they did a poor job,
30 it was to be turned over to Sewer District 15. She said she had been on the Lummi Tribal
31 Sewer and Water Board until last November; Smith discussed the size of the different
32 systems in the area. She said they are not asking for a guarantee on what the State will do
33 but wish to be part of the democratic system. She is not aware of the Lummi disputing the
34 boundaries of individual associations other than the generic claim to own all the water. The
35 population in the fee land is 916 Indian, and 1267 non Indian. In the fee land it is predomi-
36 nantly non - Indian. Smith said she had letters from the Assessor's office stating it is no
37 longer under the jurisdiction of Bureau of Indian Affairs when it is sold.
38 Wanda Boyles, 819 High Street, Apt. 206: Has property in that area and has served
39 on the sewer board for seven years. She stated it was difficult getting the sewer in as it was
40 opposed by the County and the State. Would appreciate being considered a Lummi Indian
41 as they have a better overview. White folks fight with the Indians for no just cause. She
42 said they went to court many times before they got the sewer in. Bellingham chose to
43 withdraw the Lake Whatcom water and put it in a holding pond until the State water funds
Minutes, 6/25/91, Page 4
1 were withdrawn; as a result, her group was prevented from getting the water system in.
2 Boyles said she hopes this can be resolved without all the hostility it still seems to bring.
3 Kris Heintz, 3411 Robertson Road: Her attorney, Mr. Roe, could not be here but
4 sent a letter to the Council which she summarized (Mr. Roe is a retired Attorney General
5 with 30 years of experience dealing in water issues). Mr. Roe included some case histories
6 relevant to this issue and supports his clients in their wish to be included. Ms. Heintz also
7 submitted a letter in which she urged the Council to include the fee land owners in the plan.
8 She said she does not believe they will have problems if they are included; she does not
9 think someone outside the service area boundary has to agree with people inside the service
10 boundary about where the boundaries lie.
11 Richard Bremer, Georgia Manor and president of Fee Land Owners Association:
12 He said he feels the boundary agreements are irrelevant at this point and staff has
13 misinterpreted this point. If the Lummis want out and his group wants in, there is no need
14 for agreement. "How can you have an agreement with someone who is not part of the
15 system at all?"
16 Jeff McKay, 4695 Sucia Dr., President of Neptune Beach Water Association: Baffled
17 about the arguments of the staff. There seems to be a conflict with staff, not with the tribe.
18 He said there was unanimous agreement in WUCC that the fee land owners should be
19 included, and he does not know why staff wants to overturn WUCC's decision.
20 Marlene Dawson, Sandy Point Shores: Barbara Rothstein, the judge when they went
21 to court, gave jurisdiction to the tribe for the sewer before the Supreme Court decisions
22 which dealt with zoning which said large non - Indian populations on fee lands would not be
23 under Indian control. Rothstein said in her decision the tribe could not discriminate in any
24 way. She was to overseeing this for five years. When the five years was up, the Lummis
25 sent letters to the people trying to get sewer extensions saying they would have to sign
26 authorizing consent to jurisdiction. This letter was sent to Rothstein by one of the
27 recipients, and she considers this a discriminatory action that would require more legal
28 action.
29 Roy Pottle, 5757 Northwest Drive, Ferndale, president of the Sandy Point
30 Improvement Company: He opposes being dropped from the boundaries of the water
31 district. They will need water from someone, and it will probably be the PUD. To get water
32 from them, he said he thinks they should be part of the plan.
33 Tom Anderson, Manager, Whatcom Public Utilities District, 1744 Sapphire Trail:
34 Sandy Point Improvement Company has sent letters to the PUD requesting the procedure
35 to get water from the PUD. This procedure has nothing to do with the Critical Water
36 Supply Service Area or the Planning process. This will go ahead regardless of the outcome
37 of the planning process. He said the WUCC decision was not unanimous. He said in
38 reading the documents he feels that almost none of the issues brought up tonight will be
39 addressed in the Critical Water Supply Service Area. There are important issues and need
40 to be addressed (sovereignty and discrimination by the tribe, both of which are very
Minutes, 6/25/91, Page 5
1 evident) but they will not be resolved in this plan. It is clear in the law that the Council.
2 does not need to make a decision tonight; it has 3 months before the time is up. And the
3 law very clearly gives the Council the right to include or exclude anyone in the county
4 without being considered discriminatory. Anderson would urge the Council to delay their
5 decision until they have more information.
6
7 Hansey said the WUCC decision only had one dissenting vote out of 50 plus people
8 in the room.
9 Harper said it did not make any more or less work for Planning if this group is
10 included or not included in the plan. Their recommendation is based on the perceived risk
11 that they feel the residents don't need to take.
12 Dick Jacobson, 4227 Sucia Drive: He said he personally does not feel he needs the
13 protection but the cooperation of the staff. He does not fear the State's decision. They
14 have enough water for their residents; there are wells that can supply all of Sandy Point.
15 The County and the DOE have decided they will not let us have any more building permits
16 because they aren't sure if the residents have the right to the water in the wells. That
17 decision will have to be made. If the State has to make that decision, that is fine. If we
18 have to get the water from Ferndale, the Lummis say they have jurisdiction over the river
19 which is where Ferndale gets its water. He restated the residents do not need that
20 protection from the Planning staff.
21 Jim Kolbo, 4488 Sucia Drive: You folks are elected by the people, are representa-
22 tives of the people, and you should listen to what it is that we, the people, want.
23 Roy Fletcher, 3727 Cypress Way, Sandy Point Heights: Harper said if the chips were
24 down., the Lummi system would be favored. He did not want the impression left that they
25 were getting water from the Lummis. If we were included, she said we would have an
26 opportunity to seek water elsewhere. He thinks that's the fear they all have, that if they're
27 not included, where would they get their water?
28 Diane Harper. She said she was sorry if she had been unclear in her explanation.
29 You are free to seek water from any source right now. After the planning process is
30 complete, one of the outcomes the State hopes to have is a determination where you will
31 get your water.
32 Ed Hart, Georgia Manor: Who is going to make the decision where we will get the
33 water?
34 Diane Harper: Now you can choose where you get water in an emergency, but after
35 the planning process, it is believed the decision will be made by the State.
36 Robert Olsen, owns lots at Sandy Point: Went to the County to get a water hook -up
37 and was told they could not get one; how long will this be going on?
Minutes, 6/25/91, Page 6
Warner said water availability will be dealt with on July 9th.
2 The public hearing was closed.
3 Jackson asked Harper about the boundaries issues. Harper said the reason she reads
4 this section as she does is that the State Department of Health (DOH) recommends it be
5 read that way. If the Lnmmis would sign an agreement, there would be no problem. If
6 there is any area that is under dispute, it cannot expand or make any further connections.
7 The State designed this law to show how systems can be tied together when there are
8 disputes. If there was inclusion of the fee simple users, the tribe may not want to be in
9 dispute with a system in which they are not a participant. Harper said the inferences they
10 have gotten from the State at this time is they would decide if any areas were in dispute.
11 Her question is, "What do you gain ?" Jackson asked if there had been requests to go
12 outside their boundaries and add additional hook -ups. Harper said the tribe has disputed
13 two actions where they are disputing additional withdrawals of water; if you add houses and
14 draw more water is that expansion? The tribe's attorney did mention some of the fee
15 simple land had passed back to the tribe. Staff proposed the inclusion originally when the
16 County was trying for the grant; WUCC looked at that and recommended it be referred
17 back to the Council. Now the Council can make any choice it wants.
18 Jackson said she will be offering the following amendment at a later time:
19 INCLUSION OF THE FEE SIMPLE PROPERTY OWNERS IS FOR THE PURPOSE
20 OF INCREASING PARTICIPATION IN THE DEMOCRATIC PROCESS; THE
21 INCLUSION IS IN NO WAY IN CONFLICT WITH THE TRIBE'S RIGHTS OF
22 CHOICE TO NOT YIELD TO ANY OTHER JURISDICTION OR AT THIS TIME TO
23 JOINTLY PLAN WITH THE COUNTY AS PARTNERS. IT IS OUR HOPE THAT THE
24 TRIBE WILL ASSIST US IN THE REVIEW OF CRITICAL RESOURCES AND
25 PARTAKE OF THE OPPORTUNITY TO IMPROVE OUR COMMrI MENT TO GOOD
26 STEWARDSHIP.
27 Warner summarized the amendment saying we are going to include the fee lands for
28 the purposes of the democratic process but not to challenge the Lummis in jurisdiction.
29 Warner said he would like to see the letters so he could make a more informed decision,
30 so would recommend it be held over.
31 Imhof suggested getting legal answers.
32 Vander Yacht won't oppose moving it ahead, but he doesn't think we will get much
33 guidance from the legal department on an issue like this.
34 IMHOF MOVED TO DEFER CONSIDERATION UNTIL, JULY 9.
35 The motion was carried 5 -1 with Vander Yacht against.
36
37 2. RESOLUTION ADOPTING THE COMPREHENSIVE SIX -YEAR ROAD
38 PROGRAM (AB91 -196A)
39 The public hearing was opened.
Minutes, 6/25/91, Page 7
1 Roy Von Shottenstein, 851 Lake Whatcom Boulevard, President of Lake Whatcom
2 Blvd. Safety and Preservation Association: Road improvements are always made to benefit
3 motorists and take away from the safety of the residents. He said some improvements just
4 increase the speed travelled. Therefore, he urges the Council wait until the travel study is
5 completed. His group wants to preserve the ecology, the beauty, the water quality, and the
6 safety. There -was a rape of the shoreline after the last improvement; he doesn't want this
7 to happen again. Please table this until we can have the study finished.
8 Don Van Every, 830 Iowa Heights Rd.: He is representing others on Iowa Heights
9 road. Three families with five children they take down the hill to catch the bus. By the end
10 of the summer, they expect to have eleven children needing bus service. The bus will not
11 come up the hill to pick up the kids, but it would if there was a turn- around.
12 Albert Marshall, 2781 West Shore Drive, Lummi Island: Indicated his concern about
13 item 58 of the Six-Year Plan which calls for widening and reconstruction of West Shore
14 Drive. We have a comprehensive plan designed to limit the growth. He would like to see
15 the road stay as it is; it serves the community well. But it is on the edge of an eroding bluff
16 and will not stay. He believes some quick remedial action should be taken to stop the
17 erosion and preserve the road, but would like to see the widening of West Shore Drive
18 removed from the Six-Year Plan.
19 Gordon Pearson, 5751 Nakat Way, Birch Bay, president of Birch Bay Village
20 Association: Questioning the priority given to a small section of Birch Bay Road between
21 his driveway and Selder Rd. He was delighted to hear it will be done next year.
22
23 Steve DeBolt, 5203 Drayton Harbor Rd.: He was surprised that Drayton Harbor Road
24 is still part of the Engineers plans for upgrading. In view of the Council's action to restrict
25 this road to local access, he would like to see any mention of Drayton Harbor Road taken
26 off this list. He said he would like to see Shintaffer Road north of Lincoln Road be included
27 as well. This shows it cutting through private property and does not reflect the wish of the
28 landowners. His community is not interested in having their road moved or widened.
29 Marty MinkoM General Manager, Whatcom Transportation Authority, 645 Hunter's
30 Point: On behalf of WTA, he wishes to have the #13 project of 2000 Lake Whatcom
31 Boulevard funded. This would improve the safety of busses on this area. He said the road
32 is so narrow that mirrors collide; the widening would be for safety purposes.
33 Leroy Hallock 833 Lake Whatcom Blvd.: Speaking on item 13. It was their
34 understanding the Council was setting aside the Lake Whatcom Boulevard project until the
35 Lake Louise Road was improved. He said any drastic change would be detrimental to
36 residents, by cutting into the beach and cutting down on driveway access safety. Improving
37 the shoulders for hikers and bicyclists would be fine, but he opposes widening the road.
38
39 Greg Dass, Sudden Valley, representative of Fire District No. 2: He is concerned
40 with the 2000 block of the boulevard which is part of project 13. He asked Henken what
Minutes, 6/25/91, Page 8
1 the legal width of the road is? Henken said if it were a new road, it would have to be two
2 12 foot driving lanes with 5 -7 foot shoulders. Mr. Dass said at one point the width is 16 feet
3 with no shoulders. On one side is a rock wall. On the other is a steep drop off. This creates
4 a dangerous situation where several severe accidents have occurred. He feels there should
5 be an alternative route for commuters.
6 Steve DeBolt, 5203 Drayton Harbor Rd.: He is shocked that #39 reappeared.
7 Reconstruction of a new road on Drayton Harbor Road is unbelievable. Plus, it has been
8 5 weeks since the Council took action, yet still no signs on Drayton Harbor Road.
9 Donna Clark, 1041 Coronado St: Drives a school bus over that 2000 block every day
10 and meets other buses very carefully. A connector is really needed out on Lake Whatcom
11 Blvd. for traffic safety.
12 The public hearing was closed.
13 Henken passed out revised copies of the six year plan and explained how to read it.
14 — Jackson asked if project #13 could be broken down. Henken said yes, but it would
15 make the plan longer. He would like to explain to Council that they are not circumventing
16 the Council's wishes, but this is the only chance they have to present the Plan. Further
17 study and prioritization will be given to project #13.
18 Warner asked about the Drayton Harbor Road. Henken said part of that is where
19 the people who want nothing done. By next meeting the "Local access only" signs should
20 be up.
21 Hansey asked about the process. Every year Engineering has to fight for the amount
22 of money they get from the Public Works budget.
23 Laidlaw asked about West Shore Drive on Lummi Island. Henken said as you do
24 work on a road, at that time you should come close to meeting the standards of a road.
25 Should we spend $200,000 on a 14 foot road without dealing with the geometric
26 inadequacies at the same time?
27 IMHOF MOVED TO APPROVE THE ROAD PLAN.
28 IlVIHOF MOVED TO AMEND ITEM 07, LINE 2, AFTER SLATER ROAD TO
29 READ I -5 TO LAKE TERRELL, DELETE "HAXTON WAY," INCREASE THE
30 LENGTH TO SIX MILES, ADD "ELEVATION AND FLOOD PROOFING" TO THE
31 PROJECT DESCRIPTION, CHANGE FIRST YEAR BUDGET TO $600,000 AND
32 SECOND YEAR BUDGET TO $500,000, AND MAKE APPROPRIATE CHANGES
33 THROUGHOUT THE BALANCE OF THE DOCUMENT.
34 Jackson spoke in favor of this amendment.
Minutes, 6/25/91, Page 9
1 The motion to amend carried
2 HANSEY MOVED #13 BE MOVED TO #50.
3 There was discussion among Jackson, Hansey, Vander Yacht, Henken and Laidlaw
4 on separating -the project into smaller segments, Lake Whatcom Connector, safety in the
5 Rocky Ridge area, etc.
6 The motion failed with Jackson, Vander Yacht, Imhof and Laidlaw against.
7 JACKSON MOVED #13 BE BROKEN INTO SMALLER SEGMENTS.
8 Henken said they would break #13 into sections for the next meeting.
9 JACKSON WITHDREW HER MOTION.
10 IMHOF WITHDREW HIS PREVIOUS MOTION, THEN MOVED TO TABLE
11 THIS RESOLUTION UNTIL. JULY 9 WITH #13 SEGMENTED INTO SECTIONS.
12 The motion carried unanimously.
13 3. ORDINANCE ESTABLISHING CONTROL OF COUNTY SOLID WASTE
14 DISPOSAL (AB91 -1999)
15 The public hearing was opened. Hearing no comment, the hearing was closed.
16 - WARNER MOVED TO ADOPT THE ORDINANCE.
17 Jackson asked if there has been legal review of commerce laws; Jurica said it was
18 reviewed by Preston, Thorgrimson.
19 There was discussion among Jackson, Jurica, Vander Yacht and Laidlaw about the
20 price of $9 per ton. Jurica said the executive committee has a budget showing why they
21 chose this amount. Every September the program line item budget will be given to the
22 Executive, and she would be required to bring it to the Council to act on.
23
24
25
26
27
28
29
30
Jurica said on page 10, line 7, there was an amendment after the first sentence
ending 'by this Ordinance." add another sentence "This term does not include and this
Chapter shall not be applicable to (1) vehicles or other equipment used in the collection and
transportation or Solid Waste or (2) drop box convenience centers which transfer Solid
Waste from locations in the County to a Disposal Site located in the County." After
Manager on line 33, add "and consistent with the plan."
LAIDLAW MOVED TO ADOPT THE ORDINANCE.
The motion carried unanimously (6 -0).
Minutes, 6/25/91, Page 10
OTHER ITEMS
2 1. ORDINANCE AMENDING THE 1991 BUDGET (AB91 -220) (PAPER -
3 WORK WAS IN THE 6111 PACKET; ONLY A PORTION HAS BEEN
4 REPRODUCED FOR THIS PACKET)
5 Laidlaw explained the issue and reported Finance recommended adoption.
6 SHE SO MOVED.
7 LAIDLAW MOVED TO AMEND, ON PAGE 78 UNDER ER &R, THE LAST
8 SECTION, THE AMOUNT TO READ $355,290 BOTH AS PROCEEDS OF THE SALE
9 AS WELL AS THE TRANSFER FROM THE ROAD FUND. ON PAGE 73, AMEND
10 THE TOTAL ON LINE 37 FROM $850,342 TO $881,632. ON PAGE 78 CHANGE THE
11 TOTAL TO $881,632.
12 The motion to amend carried unanimously.
13 As an information item, Laidlaw said there were additional items that were not
14 brought forward; they were not included in this ordinance, and the committee concurred it
15 could not justify adding them at this time.
16 Prosecuting Attorney McEachran said they are not asking for funding of this position
17 as they do have funding. This person deals with sexual abuse victims, mostly children. There
18 has been a tremendous increase in the number of cases they've had to handle and the victim
19 witness position requested would be funded by the persons charged. He explained the
20 definite need for this position to be full-time for the benefit of the victims. This position
21 also works on getting restitutions for victims. Referrals to this office have increased 68.3%
22 since 1989. There is a balance in the fund of $57,000 which has remained the same the last
23 few years because the revenues have offset the cost of the half -time clerk. The cost for half
24 a year would be $9,321 and he asks that this request be granted.
25 JACKSON MOVED TO AMEND THE ORDINANCE TO INCREASE THE
26 POSITION IN THE PROSECUTOR'S OFFICE FROM PART TIME TO FULL TIME.
27 Warner said he would support this motion.
28 Laidlaw spoke against the motion as she does not know what would be used to
29 supplement the budget in another year; Finance Committee had expressed concern that
30 should expected funding not be available, it would be expected to take the funding from the
31 general fund.
32 Hansey said he would support the motion as there are two to three years of
33 dedicated funding if there was nothing coming in. It may well be self - sustaining from now
34 on.
Minutes, 6/25/91, Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Imhof said it would not be self- sustaining because it would be reduced by $18,000
next year; this $9,000 figure was for only half a year.
Jackson said it was not our job to hold the line; it is our job to take care of the needs
of the County.
Laidlaw said they did approve $881,000.
The Jackson motion carried 4 -2 with Laidlaw and Imhof against.
The motion to adopt the amended ordinance carried 5 -1 with Imhof against.
2. RESOLUTION IN THE MATTER OF SETTING A DATE FOR PUBLIC
HEARING FOR DECLARING CERTAIN COUNTY -OWNED PROPER-
TY SURPLUS (AB91 -234)
Laidlaw reported Finance recommended approval.
SHE SO MOVED.
The motion carried unanimously 4 -0. Vander Yacht and Jackson out of the room.
3. PETITION FOR VACATION OF PORTION OF GRAND BOULEVARD, FILED
BY DOROTHY CLEMENT (AB91 -066) (CONTINUED FROM 6/11)
Imhof reported Public Service recommended approval.
HE SO MOVED.
The motion carried unanimously 6 -0.
Shirley Forslof requested retaining a Chief Deputy position in her office which would
permit her to replace the retiring person. Retaining the position would not increase her
budget next year except for cost of living increases.
JACKSON MOVED TO APPROVE THE POSITION.
Some discussion followed.
Jackson withdrew her motion.
4. RESOLUTION SHOWING INTENT TO FORM A LAKE MANAGEMENT
DISTRICT FOR THE LAKE SAMISH AREA (AB91 -235)
Imhof said this is the first step in getting the procedure in motion.
Minutes, 6/25/91, Page 12
1 LAIDLAW MOVED APPROVAL OF THIS ISSUE.
2 The motion carried unanimously.
3 5. RESOLUTION APPOINTING THE INITIAL MEMBERS OF THE GOVERNING
4 BODY OF THE DEMING DIKING DISTRICT (AB91 -227)
5 LAIDLAW MOVED APPROVAL OF THE RESOLUTION.
6 The motion carried unanimously.
7 6. REQUEST FOR NOMINATIONS: GOVERNOR'S ECONOMIC RECOVERY BOARD
8 (AB91 -225)
9 JACKSON MOVED TO SEND IN THE NAME OF JUDY MARR AS A
10 NOMINATION.
11 SHE AGREED WITH A FRIENDLY AMENDMENT BY HANSEY THAT THE
12 NAMES OF JERRY HAMMER, AND DAVID WARREN ALSO BE SENT FORWARD.
13 The motion carried unanimously.
14 ADDENDUM
15 7. RESOLUTION SETTING DEVELOPMENT GUIDELINES FOR
16 PREPARATION OF THE 1992 BUDGET.
17 LAIDLAW MOVED THIS RESOLUTION BE APPROVED.
18 LAIDLAW MOVED TO AMEND THE RESOLUTION ADDING TODAY'S DATE ON
19 PAGE ONE OF EXHIBIT A, REMOVING THE WORDS "WHILE NOT MAJOR
20 PRIORITIES IN PREPARING THE, 1992 BUDGET," AND CAPITALIZING
21 "DEPARTMENT."
22 JACKSON MOVED TO AMEND THE RESOLUTION BY DELETING THE WOODS
23 DEPUTY.
24 Warner spoke against this amendment.
25 The motion to delete Woods Deputy failed 3 -3 with Warner, Hansey and Imhof against.
26 The amendment carried unanimously.
27 The resolution carved unanimously.
Minutes, 6/25/91, Page 13
2 1. RECEIPT OF REQUEST FOR RENEWAL FRANCHISE FOR CABLE
3 TELEVISION SERVICE IN POINT ROBERTS, FILED BY GUINESS
4 COMMUNICATIONS INC. (AB91 -228)
5 2. ORDINANCE CREATING A POINT ROBERTS TRANSPORTATION
6 DISTRICT AND ESTABLISHING THE FUND (AB91 -217A) (HEARING
7 SCHEDULED; NO COMMITTEE ASSIGNMENT)
8 3. ORDINANCE AUTHORIZING THE EXECUTIVE TO PURCHASE
9 PROPERTY FOR PUBLIC BENEFIT AND TO PURSUE SOURCES FOR
10 FUNDING ASSISTANCE (AB91 -236) (FINANCE)
11 4. ORDINANCE PROVIDING FOR AN ANNUAL INTEGRATED
12 ROADSIDE VEGETATION MANAGEMENT PROGRAM (AB91 -237)
13 (HEARING - NO COMMITTEE ASSIGNMENT)
14 5. ORDINANCE SETTING REGULATIONS COUNTY -WIDE FOR THE
15 INSTALLATION OF FUEL STORAGE TANKS AND ESTABLISHING
16 ADMINISTRATIVE PROCEDURE FOR THE ISSUANCE OF PERMITS
17 AND INSPECTIONS (AB91 -238) (HEARING -- NO COMMITTEE
18 ASSIGNMENT)
19
20
21
22
23
24
25
26
27
28
29
30
Items 1 through 5 were received by Council and will be referred to the appropriate
committees unless they are slated for a public hearing.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Hearing Examiner's Airport Recommendations: Warner said this would be on the
July 2 agenda.
Drug Policy Conference in Washington, D.C.: Jackson said she would be submitting
a copy of the white paper she is presenting to Former Governor Martinez of Florida who
is now in charge of federal drug control efforts.
The meeting adjourned at 11:05 p.m.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
32 arbara Maher, Deputy Clerk Dan Warner, Chairperson
33
Minutes, 6/25/91, Page 14