HomeMy WebLinkAboutCounty Council May 14 1991I WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 May 14, 1991
4 The meeting was called to order at 7 p.m. by Chairman Dan Warner at the Council
5 Chambers at 1000 N. Forest Street, Bellingham.
6 Present Absent
7 Don Hansey
8 Emily Jackson
9 Dennis Vander Yacht
10 Bob Imhof
11 Marge Laidlaw
12 Mary Vanderpol
13 READING AND APPROVAL OF MINUTES
14 The minutes of the April 9, 1991 meeting were accepted as printed.
15 EXECUTIVE ITEMS
16 1. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR SUPPLY OF
7 ASPHALTIC EMULSIONS DURING ROAD OILING SEASON (AB91-
18 174)
19 Van Zanten explained this issue. Vanderpol reported Finance recommended
20 approval.
21 HE SO MOVED.
22 The motion carried unanimously.
23 2. BID AWARD RECOMMENDATION FOR A NEW OIL TANK AND
24 DISTRIBUTOR FOR A CAB AND CHASSIS TRUCK TO THE LOW
25 BIDDER, BEARCAT MANUFACTURING INC., FOR $53,658.53 (AB91-
26 175)
27 Vanderpol reported Finance recommended approval.
28 HE SO MOVED.
29 The motion carried unanimously.
30 3. ACCEPTANCE OF PROPOSAL FOR FLEET MANAGEMENT AND
1 INVENTORY CONTROL SYSTEM SOFTWARE FROM DESIGN LOGIC
1 IN THE AMOUNT OF $15,924.97 (AB91 -176)
2 Vanderpol reported Finance recommended approval.
3 HE SO MOVED.
4 The motion carried unanimously.
5 4. BID AWARD RECOMMENDATION FOR EMERGENCY
6 REPAIR /REPLACEMENT OF ITEMS AT THE LUMMI ISLAND FERRY
7 DOCK TO LOW BIDDER, GENERAL CONSTRUCTION COMPANY,
8 FOR $121,481 (AB91 -177)
9 Van Zanten explained that Federal Emergency Management Act (FEMA) will pay
10 part of this repair. Vanderpol reported Finance recommended approval to Council.
11 HE SO MOVED.
12 The motion carried unanimously.
13 5. BID AWARD RECOMMENDATION FOR THE ADDITION TO THE
14 WHATCOM COUNTY COURTHOUSE, PHASE I TO THE LOW
15 BIDDER, IMPERO CONSTRUCTION COMPANY FOR $541,703 (AB91-
'6 178)
17 Vanderpol reported Finance recommended approval to Council.
18 HE SO MOVED.
19 The motion carried unanimously.
20 6. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT
21 WITH MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC.,
22 TO DESIGN AND PROVIDE AN IMPROVEMENT TO THE SHERIFF'S
23 RADIO REPEATER SYSTEM, ESTIMATED AT APPROXIMATELY
24 $60,000 (AB91 -179)
25 Van Zanten said this will give much better coverage and will cover dead air areas
26 in the County. Vanderpol reported Finance recommended approval to Council.
27 HE SO MOVED.
28 The motion carried unanimously.
Minutes, 5/14/91, Page 2
1 7. REQUEST FOR AUTHORIZATION TO ENTER INTO A LABOR
2 CONTRACT WITH THE WASHINGTON STATE NURSES
3 ASSOCIATION FOR HEALTH DEPARTMENT NURSING EMPLOYEES
4 (AB91 -180)
5 Van Zanten said the language has been brought closer to the language of the other
6 bargaining units. The negotiators were successful in getting this group into the County
7 health program; the supervisors are also now in the exempt category. Vanderpol
8 commended Larry Mans for working so closely with the Washington State Nurses
9 Association. Vanderpol reported Finance recommended approval to Council.
10 HE SO MOVED.
11 The motion carried unanimously.
12 8. PROCLAMATION DESIGNATING THE WEEK OF MAY 19 -25 AS
13 PUBLIC WORKS WEEK (AB91 -181)
14 Van Zanten said this has particular importance this year in light of the tremendous
15 effort given by the Public Works Department during the recent flood.
16 WARNER MOVED THIS PROCLAMATION BE APPROVED.
7 The motion carried unanimously.
18 9. PROCLAMATION OPENING THE "WHATCOM COUNTY IN BLOOM"
19 COMPETITION (AB91 -182)
20 Van Zanten asked the Council. Chairman to join her in signing this proclamation.
21 VANDERPOL MOVED THIS PROCLAMATION BE APPROVED.
22 The motion carried unanimously.
23 Warner presented this proclamation to Roger DeSpain of the Park department. He_
24 introduced Dana Hanks who said the residents all over the County have really joined in
25 supporting the spirit of this competition and because of it there is a great deal of color in
26 the County. She said she is really thankful to the Herald for their support. Lucille
27 Rodriguez and Rosemarie Roberts, volunteers were commended for their willingness in
28 going all over. the County to judge entries. Hanks presented plants to the Council Members.
29 10. REAPPOINTMENT OF FRANK BROWN TO A THIRD FULL THREE -
30 YEAR TERM ON THE HOUSING AUTHORITY BOARD (COURTESY
31 APPOINTMENT REQUESTED BY BELLINGHAM) (AB91 -183)
Minutes, 5/14/91, Page 3
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1 IMHOF MOVED TO CONFIRM THE APPOINTMENT.
2 The motion carried unanimously.
3 ADDENDUM
4 10.A. BID AWARD RECOMMENDATION FOR THE ADMINISTRATIVE
5 ADDITION TO THE BELLINGHAM SENIOR CENTER (AB91 -188)
6 This item was held in committee.
7 11. EXECUTIVE'S REPORT
8 The Financial report: Van Zanten stated there is a higher than anticipated fund
9 balance in the 1990 budget now that the books are closed. The revenue will not always be
10 at the level it has been and she said she is pleased the Council has put some stipulations of
11 restrictions in the 1991 budget with regard to what is expected in the sales tax receipts.
12 There is no alternative funding for the solid waste budget. In two weeks the flow control
13 ordinance will be presented. _
14 Courthouse addition: Van Zanten distributed a memo awarding the first phase bid
15 award for the Courthouse addition and a memo regarding parking. She said Licensing will
16 be moved very soon to the Buildings & Code building; there will be 30 minute parking
17 spaces on the street beside it. There is some thought of employee parking at Civic Center
18 with a shuttle bus to the Courthouse. She said all of the problems have not been solved but
1.9 she and her staff are trying to diminish the impacts.
20 Regional Information System: Before the Council for introduction tonight is an
21 ordinance authorizing an agreement with Western Washington University (WWU) for
22 developing a regional information system. By coordinating with WWU, this project will be
23 less costly than if the County had done this on its own. Van Zanten commended Diane
24 Harper, Planning, for her hard work on this issue.
25 Road progress report: The progress report was distributed and is on file. Van
26 Zanten mentioned a transportation report that will help Point Roberts; now a district will
27 need to be formed to help address some of the traffic problems.
28 Coffee Shop: Mr. and Mrs Quady are now operating the coffee shop; coffee lovers
29 will be happy to know they have an espresso machine.
30 Rifle Range grant: The Park department was successful in securing a grant from the
31 I.A.C. for $47,940 for the Plantation Rifle Range. This will allow the Park department to
32 leverage the levy money much further for the range improvements.
33 Vanderpol asked that item 1 be taken before the Open Session.
34 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
35 1. ORDINANCE OF WHATCOM COUNTY, WASHINGTON, PROVIDING FOR
36 THE ISSUANCE AND SALE OF LOCAL AND ROAD IMPROVEMENT
Minutes, 5/14/91, Page 4
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1 DISTRICT NO. 10 BONDS OF THE COUNTY, IN ORDER TO FINANCE
2 IMPROVEMENTS WITHIN LOCAL AND ROAD IMPROVEMENT DISTRICT
3 NO. 10; AND FIXING THE DATE, INTEREST RATE, MATURITY, FORM,
4 TERMS AND COVENANTS OF SAID BONDS; AND CONFIRMING THE SALE
5 OF SAID BONDS (AB91 -160)
6 VANDERPOL MOVED THIS ORDINANCE BE ADOPTED.
7 Laidlaw said the interest rate ranges from 5.50 to 7.60 percent. Warner introduced
8 Joan Egan of Harper McLean who handled the sale of the bonds.
9 The motion carried unanimously.
10 OPEN SESSION
11 Warner said he had written a draft letter to the Trillium Corporation regarding the
12 concerns of the public regarding the spraying and would include a copy of the agreement
13 from approximately 1984 between the Mount Baker Watershed Protection Association and
14 the Department of Natural Resources by which there would be a mechanism for unwanted
15 vegetation clearing. He mentioned the County Council had no control over this issue other
16 than constituents concerns.
17 Valerie Space, Glacier: She said they are adjacent landowners to Trillium, who are
18 planning to spray a 320 acres parcel. She thanked the Council for their concerns. The
19 major concerns are drainages as there is approximately a 30 degree slope. There is a very
20 sensitive large marsh area downslope from this spraying. Space said she has an
21 Environmental Protection Authority (EPA) fact sheet that says this chemical is not to be
22 sprayed near any water area and there are areas that are not being flagged as water areas.
23 She said she is afraid their drinking water, the fish and the habitat will be contaminated.
24 They have tried to work with Trillium on this but the spray date is tomorrow. She said they
25 are getting more frustrated and fearful. She distributed a letter to Council Members.
26 Clare Cde Baca: Fisheries Biologist with the Nooksack Tribe: She has a document
27 published in 1990 stating what 2413 and Weed -On will do to salmon. The tribe is trying to
28 reconstruct a wild chum run. She stated that 24D is called organo chlorine; this is not a
29 natural compound as people think but breaks down readily and is easily absorbable by
30 animals and plant life. If post -spray monitoring is done immediately, there will not be
31 enough time for the effects to be found; it does take some time for the contaminants to
32 migrate. She said 50,000 chum eggs were planned to be planted this year but this was not
33 done as the Nooksack Tribe did not want to contaminate the environment.
34 The EPA is studying body dioxins in Columbia River Indians who eat the salmon
35 which is contaminated with dioxins. Any release of organo chlorine is a detriment to salmon
36 life and humans consuming the salmon according to EPA.
Minutes, 5/14/91, Page 5
Gabe Harrison, Deming: He said the spray is going into the fish and the animals.
2 HEARINGS AND FINAL CONSIDERATION
3 1. RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED
4 BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 60, 62 AND 63
5 (AB91 -067A)
6 The public hearing was opened. Hearing no comment, the hearing was closed.
7 VANDERPOL MOVED TO APPROVE THIS ITEM.
8 The motion carried unanimously.
9 2. RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED
10 BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 61 (AB91-
11 068A)
12 The public hearing was opened.
13 Betty Engels, These lots are to be sold as a group. She wants to buy one lot but
14 cannot buy the whole group. She wants the right to buy individual lots. Her husband Mark
15 stated they had had problems with the person wanting it as a group as he thinks it is only
6 fair to the small owners to be able to add to their property.
17 Mark Weinberg, He thanked Barbara Cory for her help in this bid. He said these
18 properties were not bid on the first time through and the others could have bid on them in
19 the interim. He said these properties are unbuildable and do not perk. The two neighbors
20 could have made an application before now. Since this is how he has made his application
21 it should be sold this way. If the County sells the properties separately, more shacks will
22 be built; he said he would be the best caretaker of this land.
23 George Kolakowski, resident of the Emerald Lake area: Mr. Weinberg has raped the
24 land. He has disturbed the neighborhood and has run trucks through Mr. Kolakowski's
25 property on more than one occasion. Weinberg has clear cut trees without permission and -
26 has created drainage onto other's properties in that area: He said he is not aware of
27 permission to do perk tests but there are new holes in the area. He agrees with the Engels
28 that the neighbors should be given a chance to bid on the lots.
29 The public hearing was closed.
30 JACKSON PROPOSED AN AMENDMENT TO THE RESOLUTION ON LINE
31 40 AND 41 ADD THE WORD "SEPARATELY" AFTER "SOLD ".
Minutes, 5/14/91, Page 6
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On page 48, the memo from Mary Chisholm stated these lots appear to be buildable.
Jackson said it would be in the County's interest to sell them individually.
Imhof spoke against the amendment saying the Council needs to get rid of the
properties; the neighbors could get together and make a joint bid.
Vander Yacht said the Council is not here to unload but to do the right thing.
Vanderpol said he thinks selling as a group is the right thing. The gentlemen's bid
to buy as a group should be honored.
There was discussion among Laidlaw, Cory, Hansey and Warner on this issue.
Warner explained if Jackson's amendment is carried, it will negate this resolution and will
give a clear message to the Treasurer that in future these should be done separately.
The amendment failed with Vander Yacht and Jackson for.
IMHOF MOVED THIS ITEM BE APPROVED.
The motion carried 5 -2 with Vander Yacht and Jackson against.
OTHER BUSINESS
1. DECISION REGARDING APPRAISAL COSTS FOR EASEMENT
GRANTED TO WENDT /PHILLIPS (AB90 -274)
Imhof explained that the appraisals were very close and the committee recommended
the County appraisal be upheld.
HE SO MOVED.
Laidlaw said she felt the citizen's paid for an appraisal and the engineering
department gives an estimate. Henken said they follow the same procedure even though
they are not MIA appraisers.
The motion carried unanimously.
2. DECISION REGARDING REQUEST TO INITIATE A REZONE IN THE
POINT ROBERTS SUBAREA (KELLER REZONE, UR -3 TO RESORT
COMMERCIAL) (AB91 -172)
This item will be dealt with on May 28, 1991.
3. APPEAL OF HEARING EXAMINER'S DECISION ON C.U. 54 -87, FILED
BY DE JONG (AB91 -140)
This item will was withdrawn at this time.
4. *RECEIPT OF OPEN SPACE APPLICATION, FILED BY NATHAN &
Minutes, 5/14/91, Page 7
PHYLLIS KRONENBERG (AB91 -184)
2 This item will be referred to the Planning Commission for review.
3 ADDENDUM
4 5. *RECEIPT OF REQUEST FOR VACATION OF MARINE DRIVE, PLAT
5 OF PATON BIRCH POINT PLAT, FILED BY MR. AND MRS. RON
6 DIXON (AB91 -190)
7 This item was received and will be scheduled for a hearing on the Engineer's report.
8 INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS)
9 1. RESOLUTION DECLARING ACCEPTANCE INTO THE COUNTY
10 ROAD SYSTEM OF WEST ILLINOIS STREET FROM NOME STREET
11 WESTERLY APPROXIMATELY 1200 FEET (AB91 -185)
12 Imhof said Robert Morse presented his case at the Public Services meeting.
13 IMHOF MOVED THIS ITEM BE APPROVED.
14 The motion carried unanimously.
.L5 2. *ORDINANCE AUTHORIZING THE EXECUTION OF AN
16 INTERAGENCY AGREEMENT WITH WESTERN WASHINGTON
17 UNIVERSITY FOR DEVELOPING A REGIONAL GEOGRAPHIC
18 INFORMATION SYSTEM (AB91 -186)
19 This item was received and will be referred to the appropriate committee.
20 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
21 Trillium spraying: Laidlaw mentioned the letter the Chairman is planning to write
22 to Trillium.
23 VANDERPOL MOVED THE LETTER BE SENT TO TRILLIUM.
24 The motion carried unanimously.
25 Drayton Harbor Road: Vanderpol said there were restrictions put on this road
26 several years ago regarding weight and speed. As the development has increases at
27 Semiahmoo, Blaine has built a road that leads into Drayton Harbor Road. Cannery Hill
28 shows on its EIS that the main access is Drayton Harbor Road. Vanderpol said Blaine
29 indicated in 1989 it would develop Lincoln Road.
Minutes, 5/14/91, Page 8
1 VANDERPOL RESTATED THE PUBLIC SERVICE AND SOLID WASTE
2 MOTION: THAT THE INTENT WAS FOR DRAYTON HARBOR ROAD TO BE
3 RESTRICTED PRIMARILY TO LOCAL TRAFFIC ONLY.
4 Henken said the basic problem is width of right of way and the proximity of the
5 houses. This road is not suitable for increased use.
6 Warner said motion is to reaffirm the 1989 intent of the Whatcom County Council
7 that Drayton Harbor Road west of the Harborview to Blaine city limits be closed to through
8 traffic.
9 Jackson asked why we couldn't re- distribute the 1989 resolution rather than do
10 something new. She said the Council should not be making any new decisions on this road
11 until it known whether this area will be annexed into Blaine. She said she does not disagree
12 with the plight of the people but would like time to review it and to hear from Blaine.
13 The motion carried 6 -1 with Jackson against.
14 Civic Center Express Proposal: Laidlaw said a public hearing is coming up before
15 the WTA at 7:30 a.m. on May 22.
16 Planning Commission Schedule: This will be available in the Council office.
17 Noxious Weed Board: Imhof said good neighbor awards were given to Public Works,
18 Wilders, and others including Ivan Likkel who is retiring after ten years on the board.
19 Water Resources Committee meeting: Haney said there was further discussion on
10 potable water. The committee had asked for interim regulations but these were not
:1 available from the Health department; it was carried over for two more weeks for these to
22 be developed.
23 Rare tree in front of courthouse: Jackson said a gentleman has asked if the Council
24 could talk to the administration about maintaining a rare tree in front of the courthouse
25 during the construction. Warner asked her to get in touch with the Agricultural Extension
26 office for information.
27 The meeting adjourned at 8:48 p.m.
28
29 ATTEST:
30 �c -
31 Barbara Maher, Deputy Co Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON -
Daniel M. Warner, Chairman
Minutes, 5/14/91, Page 9