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HomeMy WebLinkAboutCounty Council March 26 1991WHATCOM COUNTY COUNCIL REGULAR MEETING March 26, 1991 The meeting was called to order at 7 p.m. by Chairman Dan Warner at the Council Chambers, 1000 N. Forest Street, Ste. 203, Bellingham, WA. Present Absent Marge Laidlaw None Don Hansey Bob Imhof Emily Jackson Dennis Vander Yacht Mary Vanderpol READING AND APPROVAL OF MINUTES The minutes of the February 12, 26, and March 5 Council meetings were accepted as presented. EXECUTIVE ITEMS REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF FRESH FRUITS AND VEGETABLES IN THE JAIL (AB91 -119) 2. BID AWARD RECOMMENDATION FOR THE SUPPLY OF DAIRY PRODUCTS IN THE JAIL TO THE LOW BIDDER, DARIGOLD, INC., AT AN ESTIMATED TOTAL OF $17,147.63 (AB91 -119) 3. BID AWARD RECOMMENDATION FOR GROCERIES AND SUPPLIES FOR THE JAIL TO THE LONE, LOW BIDDER, FOOD SERVICE, INC., AT AN EST. TOTAL OF $36,611.45 (AB91 -119) Van Zanten explained the first three bids. Vanderpol said Finance recommended approval of these items. HE SO MOVED. The motion carried unanimously. 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR CONSULTING SERVICES WITH HARDING LAWSON ASSOCIATES FOR EXTENSION OF TIME ON PHASE H- DETAILED SITE EVALUATION AND EIS PREPARATION (AB91 -120) Van Zanten said they have stopped work on siting but would like to keep the addendum for tonight's meeting. Warner said there is a list of 16 properties in the packet of the different properties that were considered. Jackson said there was a public outcry when the County considered building the Juvenile facility outside of the downtown core and now the County is moving people out of the downtown core. Vanderpol said this is not moving them out; this is a temporary move of a few years and in his opinion this is the superior site available now. Jackson asked if the Finance committee is satisfied that the public's interest is being looked after and if there was enough opportunity for public input. Vanderpol said he was. Jackson wants to know what the total cost of the move will be and wants to have an analysis of the impacts to the downtown core. She said this may even violate the intent of the Growth Management Act. Laidlaw said the Civic Center Committee is aware of this. HANSEY MOVED TO VOTE IMMEDIATELY (non debatable). The motion carried 6 -1 with Jackson against. The motion to waive the bid requirements carried 6 -1 with Jackson against. 6. EXECUTIVE'S REPORT Critical areas ordinance (CAO) Citizens committee members: Van Zanten mentioned the 15 citizens who will be working on the critical areas ordinance citizen's committee. Barney Goltz letter: This is in response to those who say the County is building a grand palace. Van Zanten mentioned the costs that people are complaining about and the total cost of $250,000 covers the fancier things that could have been left out. This is 1.7 percent of the total cost or about $7000 per year over the life of the building. Work Scope: It is important that the Council and the Administration thoroughly understand the process. Van Zanten said she understands this is flood control only and not drainage in its entirety. She said she needs assurance from the Council that this is what it wants. Van Zanten explained the tentative scope and schedule she distributed to the Council that addressed flood control on the Nooksack River system but not drainage issues as such. She would like to set up a citizen's advisory committees to work on this issue with the Executive and staff. They would review the work that the staff did from May until August and would help with the recommendation which should be ready by September. This could be tied in to the budget process, or if it needs to go to the public vote, it could take place at the first special election in February, 1992. Hansey said this is what we were looking for but he has only seen this for a few minutes so would like this put off until the April 2, 1991 meeting so the members would have time to review the document. Van Zanten said there is just no way this could be in place in 1991. We are too late in the season to get this on an election to get funds in 1992. Jackson said she would like to have farmers and tribal government represented. Warner suggested all questions member have should be made ready for next week. SPECIAL PRESENTATION: Minutes, 3/26/91, Page 3 addendum for tonight's meeting. Warner said there is a list of 16 properties in the packet of the different properties that were considered. Jackson said there was a public outcry when the County considered building the Juvenile facility outside of the downtown core and now the County is moving people out of the downtown core. Vanderpol said this is not moving them out; this is a temporary move of a few years and in the opinion of the Finance Committee this is the superior site available now. Jackson asked if the Finance committee is satisfied that the public's interest is being looked after and if there was enough opportunity for public input. Vanderpol said he was. Jackson wants to know what the total cost of the move will be and wants to have an analysis of the impacts to the downtown core. She said this may even violate the intent of the Growth Management Act. Laidlaw said the Civic Center Committee is aware of this. HANSEY MOVED TO VOTE IMMEDIATELY (non debatable). The motion carried 6 -1 with Jackson against. The motion to waive the bid requirements carried 6 -1 with Jackson against. 6. EXECUTIVE'S REPORT Critical areas ordinance (CAO) Citizens committee members: Van Zanten mentioned the 15 citizens who will be working on the critical areas ordinance citizen's committee. Barney Goltz letter: This is in response to those who say the County is building a grand palace. Van Zanten mentioned the costs that people are complaining about and the total cost of $250,000 covers the fancier things that could have been left out. This is 1.7 percent of the total cost or about $7000 per year over the life of the building. Work Scope: It is important that the Council and the Administration thoroughly understand the process. Van Zanten said she understands this is flood control only and not drainage in its entirety. She said she needs assurance from the Council that this is what it wants. Van Zanten explained the tentative scope and schedule she distributed to the Council that addressed flood control on the Nooksack River system but not drainage issues as such. She would like to set up a citizen's advisory committees to work on this issue with the Executive and staff. They would review the work that the staff did from May until August and would help with the recommendation which should be ready by September. This could be tied in to the budget process, or if it needs to go to the public vote, it could take place at the first special election in February, 1992. Haney said this is what we were looking for but he has only seen this for a few minutes so would like this put off until the April 2, 1991 meeting so the members would have time to review the document. Van Zanten said there is just no way this could be in place in 1991. We are too late in the season to get this on an election to get funds in 1992. Jackson said she would like to have farmers and tribal government represented. Warner suggested all questions member have should be made ready for next week. SPECIAL PRESENTATION: Minutes, 3/26/91, Page 3 - PRAISE FOR COUNTY EMPLOYEES DURING WINTER STORMS Warner presented the awards to the following: Mike Healey, National Guard; Roger De Spain, Park Department; Paul Komorosky, Corps of Engineers; Ray Trzyinka, Puget Power; and Larry Mount, Sheriffs Department and Emergency Management. The recipients thanked the Council for the recognition. - REPORT BY GAIL KELLEY, EMPLOYEE SAFETY /SELF INS. PROG. COORDINA- TOR (Awi -o33) Thanked the Council for inviting her to speak. Kelley said she is the Safety Director for Whatcom County, handles the workers compensation claims (self insured), medical coverage for some of the employee, and unemployment. This is her six year anniversary with the County. She said Whatcom County has wonderful employees. People come into the courthouse unhappy so it is her job to keep the employees safe, happy and healthy. She mentioned a three year run -down of happenings in her area. She said during the storms the employees rarely have time -loss injuries but occasionally do have injuries on nice days. The time -loss days are dwindling down each year. The Park department were awarded a two - year no time -loss record several years ago for which they received a state award. She gave recognition to Van Zanten for her support. She mentioned that Whatcom County wants its injured workers back in their jobs and only once did someone have to be transferred to another department. The County has increased its man -hours and now covers legislators, jurors and witnesses. All employees should file claims immediately. There are walking clubs as part of the wellness effort; the annual health fair has literally saved lives. The wellness program has helped keep medical costs down. The Employee Assistance program has been very successful with over 26 percent usage; this has helped people who had threatened suicide, and many with a substance abuse problem have gotten into drug and alcohol treatment. She said the Safety and Health Committee has played an important role. They have been responsible for recommending replacing all overhead lighting with full- spectrum lighting and having the building be Smoke Free. Kelley introduced Karen Howard, her hard - working assistant. Warner thanked Kelley for her hard work and for her enthusiasm. OPEN SESSION Tony Idczak, 6300 Saxon Road, Acme: He said he became interested in the South Fork rezone last year and wants to urge the Council to approve the plan. This is a good compromise with broad support. Judy Sande, 5376 Mariotta Road, Deming: Thanked the County employees for their work during the flood; they rescued her family. Wants to support the county -wide flood system. Encourages the Council to do what it can to control flooding; some of the devastation can be prevented. Minutes, 3/26/91, Page 4 Amy Margolis, 5465 Potter Road, Van Zandt: On citizen's advisory committee for the zoning of the South Fork valley. The staff and committee made every effort to meet with everyone in the area and tried to do a very fair job. She urged approval of the plan. Lynn Kimball, 326 Meridith Lane, Wickersham: She urged approval of the South Fork plan. The planners have done an excellent job; Terry Galvin and Sarah Watts should be commended. The people wanted to maintain the character of the land with the forestry and agricultural land base, and this has been achieved. This plan will ensure that growth will take place in appropriate places. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. RESOLUTION STATING THE COUNCIL'S INTENT TO ADOPT AN ORDINANCE FORMING A COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT AND REQUESTING AND AUTHORIZING COUNTY OFFICIALS TO UNDERTAKE CERTAIN RELATED ACTIONS (AB91- 071) (EXECUTIVE WAS ASKED TO STUDY THIS ISSUE AND REPORT WITH TIME LINE AT THIS MEETING) This will be held until April 2 when there will be a discussion of this issue. This will give the Council time to study the Executive's work scope and offer suggestions. 2. RESOLUTION (OR LETTER) ENDORSING SUBSTITUTE HOUSE BILL 1569, THE COMMUNITY -BASED LONG -TERM CARE ACT (AB91- 116) Imhof said Public Services recommended tabling this item until there was more financial information available. Jackson said she would be happy to discuss this with the committee. She said the Northwest Regional Council would be supporting this legislation. 3. ORDINANCE TO INCREASE THE WHATCOM COUNTY PARK AND RECREATION BOARD'S PETTY CASH FUND BALANCE (AB91 -104) Vanderpol reported Finance recommended adoption to Council. The motion carried 6 -0 (Vander Yacht left as he was informed there was a chimney fire in his chimney). 4. ORDINANCE ADOPTING THE TEXT AND MAPS OF THE SOUTH FORK VALLEY SUBAREA COMPREHENSIVE PLAN AND ADOPTING RELATED TITLE 20 ZONING (AB91 -030) (PAPERWORKFOR ITEMS 4 -5 DISTRIBUTED SEPARATELn Laidlaw said Planning had over 20 meetings including those in the community. It is basically taking the area from a general protection zone to the more modern zoning that is in coordination with the rest of the County's zoning subarea plan. The Planning and Minutes, 3/26/91, Page 5 Development Committee recommended approval to Council. SHE SO MOVED. The motion carried unanimously. 5. ORDINANCE AMENDING THE OFFICIAL ZONING ORDINANCE, TITLE 20.42; CHANGING THE FORESTRY ZONING DISTRICT TO A RURAL FORESTRY DISTRICT, AND ADDING CHAPTER 20.43 TO INCLUDE THE PROVISIONS OF THE COMMERCIAL FORESTRY DISTRICT (AB91 -110) Laidlaw explained this issue saying it had been before the Timber Forum Group and Lake Whatcom Watershed Committee for review. At the moment the County would be adopting this for the South Fork subarea and all the prior subareas, then as each new subarea comes up it should be reviewed in regard to this ordinance. Laidlaw reported Planning and Development recommended adoption of this item with the understanding that the Planning Department will consider this for all subareas as they come up. SHE SO MOVED. There was discussion regarding what was allowed on this land. Terry Galvin introduced Dick Olsen, District Manager, Department of Natural Resources (DNR) in the Baker Region which takes in Whatcom County. Olsen said there have been more conflicts in Whatcom County on land -uses regarding forestry zones than any other area in Washington. The concept is that in commercial or industrial zone there have been conflicts on how to manage the forests. He said he is in support of the concept of the two zones. Fire protection is difficult especially where there are residential structures. He would be happy if Whatcom County would consider a moratorium of building in the forest areas. DNR does not have the training or the equipment to fight home fires. Jackson stated that Jean Gorton, who sits on the Roundtable, has asked for a public hearing; the Council does not want to hold this up but there will be an opportunity down the road for fine tuning. The motion was carried unanimously. OTHER BUSINESS 1. APPOINTMENT TO FILL VACANCY ON SEWAGE CONTROL APPEALS BOARD (AB90 -402) LAIDLAW MOVED TO SUSPEND THE RULES REQUIRING NOMINATIONS AND APPOINTMENTS ON APPLICANTS FOR THE SEWAGE CONTROL APPEALS BOARD TO TAKE PLACE AT TWO SEPARATE MEETINGS. The motion carried unanimously. Minutes, 3/26/91, Page 6 Imhof nominated D.E. Livermore, Ruth Minch, Calyx Hoag, and Anne Nelson. Warner voted for D.E. Livermore Jackson voted for D.E. Livermore Laidlaw voted for D.E. Livermore Vander Yacht voted for D.E. Livermore Vanderpol voted for D.E. Livermore Haney voted for D.E. Livermore Imhof voted for D.E. Livermore Livermore was appointed. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION SUPPORTING SSB 5097, A FARMER'S RIGHT -TO -FARM ACT CLARIFICATION (AB91 -118) Laidlaw and Haney explained this issue saying this will protect farmers from nuisance suits. She reported Planning and Development recommended approval of this item. SHE SO MOVED. The motion carried unanimously. 2. RESOLUTION SUPPORTING SB 5411, MAKING CHANGES TO STATE POLICIES REGARDING FLOODING AND FLOOD DAMAGE PREVEN- TION (AB91 -117) Imhof reported Public Service and Solid Waste Committee recommended approval of this issue. HE SO MOVED. Haney spoke in favor of the resolution. This motion carried unanimously. 3. RESOLUTION SETTING A HEARING IN THE MATTER OF THE SALE OF SURPLUS PROPERTY PURSUANT TO WCC 1.10 (LANDFILL COMPACTOR) (AB91 -122) Vanderpol reported Finance recommended approval to Council. HE SO MOVED. Minutes, 3/26/91, Page 7 The motion carried unanimously. 4. RESOLUTION SETTING A HEARING IN THE MATTER OF THE SALE OF SURPLUS PROPERTY PURSUANT TO WCC 1.10 (SILVER LAKE DOWNED TIMBER) (AB91 -123) Vanderpol reported Finance recommended approval to Council. Motion carried unanimously. 5. RESOLUTION TO AUTHORIZE THE EXECUTIVE TO ENTER INTO A TWO -YEAR LEASE EXTENSION FOR OFFICE SPACE IN CIVIC CENTER (AB91 -124) (HEARING TO BE SGHEDUL-ED) It had been noted by the Prosecutor's office that this resolution does not require a hearing. Vanderpol reported Finance was not happy with the amount of documentation that accompanied this resolution. No -one was present from the Prosecutor's office to explain it. It was recommended this item be postponed until April 9 so more documentation can be provided. Council concurred. 6. *RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY (SILVER LAKE DOWNED TIMBER) (AB91 -123A) (HEARING TO BE SCHEDULED BY AB91 -123) (FINANCE) 7. *RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY (LANDFILL COMPACTOR) (AB91 -122A) (HEARING TO BE SCHED- ULED BY AB91 -122) (FINANCE) 8. *ORDINANCE AMENDING THE 1991 BUDGET (SUPPLEMENT REQUESTS) (AB91 -125) (FINANCE) 9. *ORDINANCE REVISING WHATCOM COUNTY CODE SECTIONS 2.02 AND 2.03, REGARDING BOARDS, COMMITTEES, AND COMMISSIONS (AB91 -126) (FINANCE) Items 6 through 9 were received and will be referred to the appropriate committees. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS North Sound Regional Network for Mental Health (NSRN): Vanderpol reported that NSRN felt the governor needed to allot a minimum of $100 million for the centers to be funded adequately. The state said they could not fund at that level. By pooling the resources in the region NSRN found it could manage on $56 million but the budget came back with only $23 million allocated. People around the governor were keeping the messages from him. Representatives of NSRN including Vanderpol met with Ringnold, Bailey, Braddock, Kremen, etc., last week. The day of the meeting another $23 million was Minutes, 3/26/91, Page 8 allocated. This is less funding than hoped for but it will fund two evaluation centers with one in Sedro Woolley and one in Snohomish. These will be 15 bed facilities. Water boundaries: Hansey said he has a meeting tomorrow on the Whatcom County Water Utilities Coordinating Committee. The big issue tomorrow will be boundaries. The Lummi Nation does not wish to be included in the boundaries; this would exclude three water districts. The Lummi Nation wants to be considered sole water purveyors. The Council could put the Lummi land in but that would lead to a law suit; if it is left out, three water districts will not have representation. The County Council will have to make the ultimate decision on boundaries. Lake Whatcom Watershed: Jackson, members of Friends of Lake Whatcom, and Louise Bjornson met with Michael Llewelyn, a new Assistant Director of the Department of Ecology (DOE). He has taken a special interest in the Lake Whatcom problems. DOE gave us information on a grant that may be available to the County. She asked if at some future date the Lake Whatcom Watershed Committee could be set up again in light of Dr. James' concerns. Warner asked her to write him a memo on this issue. Jackson also asked the Council members to review the long -term care bill. The meeting was adjourned at 8:45 ATTEST: B bara Maher, Depl Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON �ant;e'l M. Warner, Chairman Minutes, 3/26/91, Page 9