HomeMy WebLinkAboutCounty Council November 12 19911 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3 November 12, 1991
4 The meeting was called to order by Council Chairman Dan Warner in the Council
5 Chambers, 1000 N. Forest.
6 Also present Absent
7 Mary Vanderpol None
8 Marge Laidlaw
9 Bob Imhof
10 Don Hansey
11 Dennis Vander Yacht _
12 Emily Jackson
13 -READING AND APPROVAL OF MINUTES
14 The minutes of the October 8, 1991, regular and Committee of the Whole meetings
15 were presented. Laidlaw noted page 10, line 7, should read "the Lake Whatcom Watershed
16 Agenda put forth by citizens," not "Lake Whatcom Connector." The minutes were accepted
17 with that change.
18 SPECIAL PRESENTATION
19 STATE REP. ROB JOHNSON, 40TH DISTRICT (AB91- 389)(NO PAPERWORK)
20 Johnson spoke about the flood control planning and about the State flood control
21 laws that the State is writing. He said in the capital budget $259,000 is allocated to
22 Whatcom County for flood repair, and local entities can apply for a share of this amount.
23 SHB5411 empowered the Council to draw up a comprehensive plan whereby districts along
24 the river will be required to build dikes in compliance to the overall plan.
25 EXECUTIVE ITEMS
26 1. BID AWARD FOR A FORKLIFT TRUCK TO THE LOWEST
27 RESPONSIVE BIDDER, NC MACHINERY COMPANY AT A TOTAL
28 COST OF $22,951.25, INCLUDING TRADE -IN, ROOF OPTION AND
29 SALES TAX (AB91 -396) .
30 Vanderpol reported for Finance and recommended approval.
31 HE SO MOVED.
Council Minutes, 11/12/91, page 1
1 The motion carried unanimously.
2 2. BID AWARD RECOMMENDATION FOR A 14- PASSENGER TRANSIT -
3 STYLE VAN TO THE LOWEST RESPONSIVE BIDDER, TRANSPORT
4 EQUIPMENT CO., AT A TOTAL COST OF $50,274.16, INCLUDING
5 SALES TAX (AB91 -397)
6 Held in committee.
7 3. BID AWARD RECOMMENDATION FOR FABRICATION AND
8 INSTALLATION OF STAINLESS STEEL SHOWER LINERS FOR THE
9 WHATCOM COUNTY JAIL TO THE LOW BIDDER, ANDGAR
10 CORPORATION, FOR $27,456.66 INCLUDING SALES TAX (AB91 -398)
11 Vanderpol reported for Finance and recommended approval.
12 HE SO MOVED. -
13 The motion carried unanimously.
14 4. BID AWARD RECOMMENDATION FOR TRAFFIC CONTROL SIGNS
15 TO THE LOW BIDDER, ZUMAR INDUSTRIES, INC., AT AN
16 ESTIMATED EXPENSE OF $19,330.60 FOR A SIX -MONTH PERIOD,
17 WITH THE BID VALID THROUGH NOVEMBER 30,.1992 (AB91 -399)
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Vanderpol reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
5. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF
CONCRETE CULVERT FOR ROAD MAINTENANCE (AB91 -400)
Vanderpol reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
6. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF
ROAD DE -ICING SALT FOR ROAD MAINTENANCE (AB91 -401)
Vanderpol reported for Finance and recommended approval.
Council Minutes, 11/12/91, page 2
1 HE SO MOVED.
2 The motion carried unanimously.
3 7. BID AWARD TO REPAIR THE BARN AT HOVANDER HOMESTEAD
4 PARK TO THE LOW BIDDER, KREIDER CONSTRUCTION FOR
5 $16,056, INCLUDING SALES TAX (AB91 -402)
6 Vanderpol reported for Finance and recommended approval.
7 HE SO MOVED.
8 The motion carried unanimously.
9 8. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF
10 ASPHALTIC MIXES FOR ROAD MAINTENANCE (AB91 -403)
11 Vanderpol reported for Finance and recommended approval.
12 HE SO MOVED.
13 The motion carried unanimously.
.4 9. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE RENTAL
15 OF MAINTENANCE AND CONSTRUCTION EQUIPMENT FOR ROAD
16 MAINTENANCE AND CONSTRUCTION (AB91 -404)
17 Vanderpol reported for Finance and recommended approval.
18 HE SO MOVED.
19 The motion carried unanimously.
20 10. EXECUTIVE'S REPORT
21 Road Report: Shirley Van Zanten, Executive, distributed the monthly progress report
22 for road construction.
23 Paving Award: Van Zanten announced that Whatcom County received the Best
24 Paving Award for 1991 from the Asphalt Paving Association and the County Engineers
25 Association for the paving done on Hannegan Road between Bakerview Road and Smith
26 Road.
27 Addendum
Council Minutes, 11/12/91, page 3
1 11. BID AWARD FOR CONSTRUCTION OF CONCRETE PAD AND FENCE
2 FOR TRASH COMPACTOR (AB91 -413)
3 Vanderpol reported for Finance and recommended approval.
4 HE SO MOVED.
5 The motion carried unanimously.
6 OPEN SESSION
7 Jay Taber, 1212 Raymond St.: Asked about the Lake Whatcom Transportation Study.
8 Steve DeBolt, 5203 Drayton Harbor Rd., Blaine: Spoke in favor of the closure of
9 Drayton Harbor Road.
10 Gunnar Jerns, 222 Cain Lake Road: Asked for the variance he requested last
11 meeting.
12 Fred Amundson, 5641 Sanderling Rd., Blaine: Represents eight communities in
13 Semiahmoo who are opposed to the closure of the Drayton Harbor Road.
14 David Chapman, 230 9th St., Blaine: Opposed to the closure of Drayton Harbor
15 Road.
16 Fred Miller, 3229 North Shore Road: Spoke on the Cub Creek clear -cut. The Friends
17 of Lake Whatcom would like to see an appeal on this issuance of the Class 3 permit as this
18 area clearly fits into the Class IV special permit criteria.
19 Rita Foley, Blue Canyon Road: Though there is logging all around her, the Neilson
20 Bros. are being as careful as logging can be. She feels all logging in the watershed should
21 be done with a Class IV Special permit. Neilson Bros. are much more careful than Trillium.
22 Pat Whitney, 451 E.Lake Samish Dr.: Came to the earlier meeting saying she spoke
23 with Linda Irvin, Bruce Mills, and a man from Olympia, but none of them could really
24 answer her questions. Her biggest concern is the level at which the lake will be maintained.
25 She will lose her 15 feet of beach if the water is raised to 15 -18 inches. She asks the Council
26 to postpone action on this until the retained water level can be determined.
27 Martin Keeley, 610 So. Beach Rd., Pt. Roberts: Here on behalf of the Taxpayers
28 Association. The residents want Ben's Gas Station to get its share of the business, but the
29 recent decision has prompted other stations to expand their operations. They have 10,000
30 cars coming in for gas every weekend.
Council Minutes, 11/12/91, page 4
1 Rred Nowicke, 3341 Berg Road, Everson: He would like the speed limit on South
2 Pass Road decreased to 35 mph from the Nooksack Rd. to the Oat Coles Rd.
3 Kip Kelly, the DNR person who conditioned the Cub Creek permit. The applicant
4 has 400 acres in that area that they could harvest. Kelly outlined the current regulations and
5 said while the applicant has applied for further applications, they have left 52 percent of the
6 property. He said there are not significant dangers from their logging the property.
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Art Hyatt, 2318 North Shore Rd.: Spoke in favor of the appeal on Cub Creek.
HEARINGS
1. PETITION FOR VACATION OF LAKEWOOD LANE, FILED BY GREG
HATCH AND STEVE CLANCY (AB91 -352)
The public hearing was opened. Hearing no comment, the hearing was closed.
. IMHOF MOVED APPROVAL SUBJECT TO THE EASEMENT REQUESTED
BY PUGET POWER.
The motion carried unanimously.
la. GUNNAR JERNS ISSUE.
Randall Watts, Chief Civil Deputy Prosecutor, said the only way Jerns could
subdivide his property is by long plat.
lb. PAT WHITNEY ISSUE
Jackson and Vander Yacht asked Watts to clarify the legal issue on the level before
this issue goes to vote.
2. RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED
BY COUNTY ON TAX FORECLOSURE, REQUEST NUMBER 64 (AB91-
375A)
The public hearing opened. Hearing no comment, the public hearing was closed.
VANDERPOL MOVED TO APPROVE THE RESOLUTION.
The motion carried unanimously.
3. ORDINANCE TRANSFERRING ASSETS FROM WHATCOM COUNTY
TO THE SUMAS RIVER SUB -FLOOD CONTROL ZONE DISTRICT AS
Council Minutes, 11/12/91, page 5
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PROVIDED FOR IN RESOLUTION 91 -077 (AB91- 071M)(HEARING TO
BE SCHEDULED)
Warner explained the issue.
The public hearing was opened.
Fred Nowicke, 3341 Berg Rd., Everson: Came to express his support for putting the
assets back into the Sumas River Zone where they belong.
VANDERPOL MOVED ADOPTION OF THIS ORDINANCE.
The motion carried unanimously.
OTHER ITEMS (COUNCIL ACTION MAY BE TAKEN)
11. ORDINANCE CLOSING DRAYTON HARBOR ROAD (AB91 -266)
Imhof reported for Public Service Committee and recommended denial. He said Mr.
DeBolt had requested the Council take a vote on this issue; he stated that a number of
things have been done to promote more safety on the road.
IMHOF MOVED TO ADOPT THE ORDINANCE.
The motion failed 0-7.
2. RESOLUTION SUBMITTING THE QUESTION OF CREATING LAKE
MANAGEMENT DISTRICT NO. 1 FOR LAKE SAMISH TO THE
OWNERS OF LAND WITHIN THE PROPOSED DISTRICT (AB91 -235D)
Linda Irvin, Program Analyst, explained the resolution.
Warner, Vanderpol, and Hansey discussed the water level, the intent of the
Resolution, and Pat Whitney's concerns.
IMHOF MOVED TO REFER THIS TO PUBLIC SERVICES FOR FURTHER
REVIEW.
The motion carried unanimously.
3. REVIEW AND DISCUSSION OF THE LAKE WHATCOM
TRANSPORTATION STUDY FINAL REPORT (AB91- 365A)(SEE ALSO
AB90 -319 FOR MORE BACKGROUND).
Council Minutes, 11/12/91, page 6
1 Council decided to schedule this issue for December 3.
2 4. POSSIBLE FINAL ACTION ON FLOOD CONTROL FUNDING
3 (EXECUTIVE MEMO REGARDING WORK PROGRAM AND
4 FINANCING OPTIONS RECD 11 /5)(AB91 -071L)
5 Vanderpol reported for Finance and recommended this discussion be scheduled for
6 the November 19 meeting.
7 Irvin explained the different options for funding. Warner praised Irvin for the finest
8 piece of work he had seen since he came on Council.
9 5. RESOLUTION AWARDING WHATCOM COURTHOUSE ADDITION,
10 PHASE II, TO LOW BIDDER, STRAND, INC., AND AUTHORIZING
11 COUNTY EXECUTIVE TO ENTER INTO CONTRACT WITH STRAND
12 INC., SUBJECT TO CONDITIONS SET FORTH HEREIN (AB91-
13 369A)(TWO OPTIONS PRESENTED BY EXECUTIVE)
14 Vanderpol reported the Finance Committee recommended approval of option #1.
15 HE SO MOVED.
16 The motion carried unanimously. IV
17 6. RESOLUTION SUPPORTING THE WHATCOM PARK AND
18 RECREATION FOUNDATION AND ITS EFFORTS TO PROMOTE
19 AWARENESS OF PARK AND RECREATIONAL NEEDS, ACCEPT
20 GIFTS AND LAND DONATIONS FOR PARK AND RECREATION
21 PURPOSES (AB91 -322A)
22 Vanderpol reported for Finance and recommended approval.
23 HE SO MOVED.
24 The motion carried unanimously.
25 7. DETERMINATION OF WHETHER COUNCIL SHOULD APPEAL THE
26 CTTIFOR FOREST PRACTICE APPLICATION, LAKE WHATCOM
27 SUBAREA (AB91 -129A)
28 Items discussed were: not alienating DNR; areas involved; an appeal and its legal
29 aspects; a "stay."
30 Speaking were: Gordon Scott, Planning, who felt it could have been considered a
Council Minutes, 11/12/91, page 7
Class IV Special; Warner; Watts; Vander Yacht; Jackson; Laidlaw; and Bill Schmidt, DOE.
2 LAIDLAW MOVED TO APPEAL.
3 Jackson amended the motion to say the Council would appeal in one week if the ID
4 team had not met and made a decision. Laidlaw accepted this as a friendly amendment.
5 Fred Miller, 3229 North Shore Rd.: The appeal and the stay do not have to be done
6 together. He hopes an appeal would lead to better legislation.
7 The motion carried unanimously.
8 8. DISCUSSION AND POSSIBLE ACTION ON PROPOSED REGULATIONS
9 REGARDING SIZE AND TIMING OF CLEAR -CUTS (AB91 -348)
10 Laidlaw reported for Planning and Development Committee and recommended that
11 unless there were other comments in the meantime, the Council Chair would send a letter
12 to the Forest Practices Board endorsing the comments of Gordon Scott.
13 SHE SO MOVED.
14 Gordon Scott explained the regulations and the definition of clear cuts.
.5 The motion carried unanimously.
16 9. DISCUSSION OF THE SUPERIOR COURT RULING ON THE BEN'S
17 STORE APPEAL (AB91- 171)(REQUESTED BY RANDY WATTS, CHIEF
18 CIVIL DEPUTY PROSECUTOR)
19 Watts explained this issue. He said the original emergency moratorium restricted
20 expansion as well as service stations, but when the comprehensive plan was adopted, the
21 word expansion was eliminated. He said the ordinance could be amended.
22 WARNER MOVED TO ADOPT THE EMERGENCY MORATORIUM TO
23 IMPOSE A SIXTY DAY MORATORIUM ON APPLICATIONS FOR THE EXPANSION
24 OF SERVICE STATIONS AT POINT ROBERTS.
25 The motion carried unanimously.
26 INTRODUCTION
27 1. ORDINANCE CON NY=G TO LOAN REPAYMENT, IF NECESSARY,
28 FOR THE WHATCOM COUNTY CONSERVATION DISTRICT (AB91-
29 308A)(FINANCE)
Council Minutes, 11/12/91, page 8
1 2. REQUEST FOR THE COUNCIL TO PASS A RESOLUTION ADJUSTING
2 THE BOUNDARY OF THE CITY OF LYNDEN (AB91- 405)(REQUEST
3 REFERRAL TO COUNCIL COMMITTEE)
4 3. ORDINANCE ESTABLISHING THE SPEED LIMITS ON SOUTH PASS
5 ROAD AND HAMPTON ROAD (HEARING TO BE
6 SCHEDULED)(AB91 -406)
7 4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
8 AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON,
9 FOR THE YEAR OF 1992, PURSUANT TO THE HOME RULE
10 CHARTER SECTION 6.10 (HEARING TO BE-SCHEDULED)(AB91 -407)
11 5. RESOLUTION IN THE MATTER OF ADOPTING A SALARY
12 SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY
13 EMPLOYEES FOR THE YEAR 1992 (FINANCE)(AB91 -408)
14 6. ORDINANCE ESTABLISHING 1992 HEALTH DEPARTMENT FEES
15 (HEARING TO BE SCHEDULED)(AB91 -409)
16 7. RESOLUTION ADOPTING THE WHATCOM COUNTY 1992 ROAD
17 CONSTRUCTION PROGRAM (PUBLIC SERVICES)(AB91 -410)
18 8. RESOLUTION ADOPTING THE 1992 SIX -YEAR PHYSICAL PLANT
19 AND FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS
?0 AND FACILITIES FOR THE COUNTY (PUBLIC SERVICES)(AB91 -411)
21 Items 1 -8 were received by Council and will be forwarded for the appropriate action.
22 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
23 United Way Award: Laidlaw said Whatcom County, thanks to the efforts of Tom
24 Sutberry, Gail Kelley and all department representatives, had achieved the highest level of
25 giving ever for the County.
26 Council Staff Report: Bob Woods, Council Budget and Program Analyst, said there
27 would be a document available for review on Monday on the budget.
28 The meeting was adjourned at 9:15 p.m.
29 ATTEST: WHATCOM COUNTY COUNCIL
30 WHATCOM COUNTY, WASHINGTON
31
jj 4ara�,KMa—her, Deputy Darnel M. Warner, Chairman
minutmnl2
Council Minutes, 11/12/91, page 9