HomeMy WebLinkAboutCounty Council November 26 19911 WHATCOM COUNTY COUNCIL
2 Regular Meeting
3
4 November 26, 1991
5 The meeting was called to order by Council Chairman Dan Warner in the Council
6 Chambers, 1000 N. Forest St.
7 Present Absent
8 Emily Jackson None
9 Dennis Vander Yacht
10 Don Hansey
11 Bob Imhof
12 Marge Laidlaw
13 Mary Vanderpol
14 EXECUTIVE ITEMS
15 1. BID AWARD RECOMMENDATION FOR A 14- PASSENGER TRANSIT -
16 STYLE VAN TO THE LOWEST RESPONSIVE BIDDER, TRANSPORT
17 EQUIPMENT CO., AT A TOTAL COST OF $50,274.16, INCLUDING
18 SALES TAX (AB91 -397) (CONTINUED FROM 11/12)
9 Vanderpol reported for Finance and recommended approval.
20 HE SO MOVED.
21 The motion carried unanimously.
22 2. BID AWARD RECOMMENDATION FOR GUARDRAIL, SITE
23 IMPROVEMENTS - VARIOUS LOCATIONS - TO THE LOW BIDDER,
24 PETERSEN BROTHERS, INC., FOR $174,342.50, INCLUDING TAXES
25 (AB91 -416) (ACCOMPANYING RESOLUTION UNDER OTHER
26 ITEMS)
27 Vanderpol reported for Finance and recommended approval.
28 HE SO MOVED.
29 The motion carried unanimously.
30 3. REQUEST FOR APPROVAL OF BIDDERS' 'LIST, MINERAL
31 AGGREGATES (AB91 -417)
32 Vanderpol reported for Finance and recommended approval.
j3 HE SO MOVED.
1 The motion carried unanimously.
2 4. BID AWARD RECOMMENDATION FOR A SINGLE AXI E DUMP
3 TRUCK TO THE LOW BIDDER, MOTOR TRUCKS, INC., FOR A
4 TOTAL PRICE OF $67,307.17 (AB91 -418)
5 Vanderpol reported for Finance and recommended approval.
6 HE SO MOVED.
7 The motion carried unanimously.
8 5. REQUEST FOR APPROVAL OF BIDDERS' LIST, SUPPLY OF RIPRAP
9 ROCK (AB91 -419)
10 Vanderpol reported for Finance and recommended approval.
11 HE SO MOVED.
12 The motion carried unanimously.
13 6. EXECUTIVE'S REPORT
A Shirley Van Zanten, County Executive, mentioned the exemption report submitted
15 by the Solid Waste Division.
16 OPEN SESSION
17 Barry Antos, 215 Friday Creek Road: He mentioned that Friday Creek has only a
18 short part in Whatcom County as most of it is Skagit County. He wondered if there was
19 coordination of effort between the two Counties.
20 Mark Lansden, on behalf of Sudden Valley Association: Regarding the condition
21 of Lake Whatcom Boulevard. He mentioned the increase in the number of homes in
22 Sudden Valley and the need for road and safety improvements.
23 Patrick Alesse, 9865 Harvey Road: Pleased the petitioner has withdrawn the road
24 vacation request on Broadway. He encouraged the County to turn these road ends over to
25 the Parks department or at least make sure the public has access to the beach.
26 Pat Whitney, 452 E. Lake Samish Road: 'She said the letter from Bruce Mills
27 contains misinformation regarding the water level expected on the lake.
28 Jan Omey, 5185 Church Road: The committee members urge the Council to pass
c
Minutes, 11/26/91, Page 2
1 the Lake Samish issue tonight. She said there are 360 shoreline assessments and 21 upland
2 owners. In a recent mailing the response showed only one person who mentioned loss of
3 beach because of the level.
4 Darlyn Del Boca, 7208 Lankhaar Road: Spoke of the Lynden annexation of farm
5 land and said she is opposed to annexation of farm land. She said it is against the Growth
6 Management Act to use farm lands for anything other than agricultural use.
7 Michele Duncan, 2043 Kingsmill Street: Urges the Council to rebuild the Tacoma
8 Jefferson Road up to County standards. She said they have discussed this extensively with
9 Roger McCarthy and the people who use this road do feel the assessment of $38,000 is
10 unfair; it means the people who live on it will not contribute but those who pass over it will.
11 (AB91 -430)
12 Barbara Vaughn, Secretary for Lake Samish project: Urges the Council to pass this
13 issue.
14 John Armstrong, 2490 Kingsmill Road: Urged the Council to refer the Jefferson
15 issue to Committee.
16 10. RESOLUTION SUBMITTING THE QUESTION OF CREATING LAKE
17 MANAGEMENT DISTRICT NO. 1 FOR LAKE SAMISH TO THE
18 OWNERS OF LAND WITHIN THE PROPOSED DISTRICT (AB91-
A 235D)
20 Imhof reported for Public Service and Solid Waste and recommended approval.
21 HE SO MOVED.
22 Jackson and Chief Civil Deputy Prosecutor Randall Watts discussed the results if this
23 did not pass. Vander Yacht said he would prefer to move it forward.
24 The motion was carried unanimously.
25 HEARINGS
26 1. ORDINANCE ESTABLISHING THE SPEED LIMITS ON SOUTH PASS
27 ROAD AND HAMPTON ROAD (AB91 -406)
28 The public hearing was opened.
29 Fred Nowicke, 3341 Berg Road, Everson: Urged the Council to pass this ordinance.
30 He said this should not be used as a speedway as it occasionally is now.
Minutes, 11/26/91, Page 3
1 Ted Pyke, 3247 South Pass Road: Spoke in favor of the 35 mph zone.
2 The public hearing was closed.
3 The public hearing was re- opened to allow comment on the Hampton Road.
4 Hearing no comment the public hearing was closed.
5 VANDERPOL MOVED TO SEGREGATE THE ITEMS.
6 Vanderpol withdrew his motion.
7 Watts said the ordinance could be amended to delete the Hampton Road.
8 IMHOF MOVED TO ADOPT THE ORDINANCE.
9 VANDERPOL MOVED TO AMEND THE ORDINANCE TO DELETE THE
10 HAMPTON ROAD.
11 Henken explained the portion of the road that was being considered.
12 Vanderpol withdrew his motion to amend.
1.3 The motion was carried unanimously.
14 2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
15 AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON,
16 FOR THE YEAR OF 1992, PURSUANT TO THE HOME RULE
17 CHARTER SECTION 6.10 (AB91 -407) -
18 The public hearing was opened. Hearing no comment the public hearing was closed.
19 LAIDLAW MOVED TO ADOPT THE ORDINANCE.
20 She mentioned there was no Exhibit A.
21 Tom Sutberry said Exhibit A is always attached later in December each year.
22 The motion was carried unanimously.
23 3. ORDINANCE ESTABLISHING 1992 HEALTH DEPARTMENT FEES
24 (AB91 -409) -
25 Van Zanten explained why there was a variation in the vaccine fee.
Minutes, 11/26/91, Page 4
1 The public hearing was opened. Hearing no comment, the public hearing was closed.
2 IMHOF MOVED TO ADOPT THE ORDINANCE WITH THE AMENDED
3 PAGE 25 AND 26 OF THE HEALTH FEE SCHEDULE.
4 Bert Brainnard, Health Department, answered questions regarding the changes in
5 environmental health fees.
6 Jackson said she would recommend the fees be increased to make up for the time
7 involved rather than move them up and down small amounts so frequently.
8 The motion was carved unanimously.
9 4. EXTENSION OF A CONTRACT WITH THE FIRS (AB91 -445)
10 Will Johnson, Attorney, explained the issue. He said the Firs must continue as a
11 non -profit organization and cannot sell any of its properties to anyone who would not
12 operate a similar operation. He stated the Firs only wants to extend the length of the
13 contract in order to complete the original plan.
14 Watts said there was no vesting in this contract. The Firs will have to comply with
15 existing zoning requirements and would be subject to any new building requirements.
.L6 The public hearing was opened.
17 Jim Metzler, Morgan Street: He said he would prefer to have a greenbelt remain
18 between the development and the homes in the area.
19 Sherilyn Wells, 1020 Geneva: The Firs were very gracious hosts at their meeting.
20 In the 15 years since the Firs has been in operation, fears about water quality has increased.
21 She asked that the Firs plan to control urban run -off. She recommends.Dr. Richard Horne
22 of Western Washington University be used. She asked they use the parking lot to the South
23 as the proposed parking area is providing a purpose of filtering.
24 The public hearing was closed.
25 Vander Yacht asked what would be done now to speak to some of the concerns.
26 Dan Taylor, Planning, said the contract could be reworded to speak to controlling the urban
27 run -offs.
28 Vanderpol said this would be asking the Firs to do more than is asked of others.
29 HANSEY MOVED TO AUTHORIZE THE EXTENSION OF THE CONTRACT
30 WITH THE FIRS.
Minutes, 11/26/91, Page 5
1 Warner, Imhof, Taylor, Hansey and Jackson spoke of the other concerns expressed.
2 Will Johnson, Attorney, said this contract is somewhat general about the location of
3 the parking lot and the buffer. He said there would be a substantial amount of woods
4 untouched. The Firs want to have a greenbelt for its own purposes and it wants to be a
5 good neighbor.
6 Items discussed were: the integrity of the Firs; SEPA requirement; no further public
7 hearings; possibility of delaying it; Firs record; required compliance with building standards.
8 Comments were made by Hansey; Laidlaw; Dan Taylor, Planning; Vander Yacht.
9 Hansey urged the extension of this contract.
10 The motion carried 4 -3 with Vander Yacht, Imhof and Warner against.
11 5. PETITION FOR VACATION OF PORTION OF BROADWAY, FILED BY
12 T. GAVOSTO (AB91 -368)
13 This petition was withdrawn by the.petitioner.
14 OTHER ITEMS (COUNCIL ACTION MAY BE TAKEN)
.5 1. DISCUSSION OF OPTIONS FOR FUNDING OF FLOOD PROGRAMS
16 INCLUDING ESTABLISHMENT OF CITIZENS' ADVISORY
17 COMMITTEE (ACR #10,11), TIME LINE FOR IMPLEMENTATION OF
18 MANAGEMENT PROGRAM (ACR #12,13,14,15,16), REVIEW AND
19 MAKE DECISION ON THE CURRENT 70/30 FUNDING PROGRAM
20 FOR REPAIR WORK (AB91 -071L)
21 Warner explained this issue.
22 LAIDLAW MOVED THE COUNCIL TO SET UP SUCH A COMMITTEE.
23 Warner said the Council staff would have to advertise for applicants to serve on this
24 committee.
25 The motion carried unanimously.
26 Items =discussed were: benefit rating assessment; short-term funding; long -term
27 funding; database requirement; work required to provide the information; priorities of work
28 and when it would be done; what will be the easiest to achieve; time -frame of receiving the
29 information so a public hearing can be set up; 70/30 split; leaving 70/30 in place until a
30 funding mechanism is in place; community meetings on the uses of riverfront properties.
Minutes, 11/26/91, Page 6
1 8:40 p.m.
2 Comments were made by Warner, Laidlaw, Hansey, Van Zanten; Jackson; Imhof.
3 2. SUBSTITUTE RESOLUTION IN THE MATTER OF ADOPTING A
4 SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM
5 COUNTY EMPLOYEES FOR THE YEAR 1992 (FINANCE) (AB91-
6 408)
7 Vanderpol explained the changes that are now included in this resolution such as:
8 Sheriff at $4,773 (formerly $4,397); Auditor at $4,145 ($3,769); Treasurer at $4,145 ($3,769);
9 Assessor at $4,145 ($3,769); Council Members at $917 ($817); Superior Court Commissioner
10 at $5,851($5,653); and District Court Commissioner at $5,851. The old paragraph three was
11 deleted.
12 Vanderpol reported for Finance and recommended approval with the adjusted
13 figures.
14 HE SO MOVED.
15 HANSEY MOVED TO AMEND THE ORIGINAL MOTION BY ADDING THE
16 FOLLOWING "SUPERIOR COURT AND DISTRICT COMMISSIONER'S SALARIES
17 WILL BE 80% OF DISTRICT COURT JUDGES FOR 1992."
_8 The amendment was approved unanimously.
19 The main motion was carried unanimously.
20 3. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT
21 #99218 ... FOR GUARDRAIL SITE IMPROVEMENTS, VARIOUS
22 LOCATIONS (AB91 -416)
23 Vanderpol reported for Finance and recommended approval.
24 HE SO MOVED.
25 The motion was carried unanimously.
26 There was a 5 minute break at 9:03 p.m.
27 4. ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL
28 BUDGET OF WHATCOM COUNTY FOR THE YEAR 1992 AND
29 RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN
30 (AB91 -386) (DETAILED AMENDMENTS AVAILABLE IN COUNCIL
31 OFFICE)
Minutes, 11/26/91, Page 7
1 Vanderpol said that a great deal of work had been done and he said the Executive
2 and the people working on this had done a good job.
3 VANDERPOL MOVED THE BUDGET FOR THE YEAR 1992 WITH
4 RECOMMENDATIONS BY THE FINANCE COMMITTEE.
5 Bob Woods, Council Budget and Program Analyst, explained the provisos, resolutions
6 and changes in the resolution. He said to add on page 2, item J, '"The Council wishes to
7 emphasize that the determination not to fund the Geologist and Hydrologist positions at this
8 time in no way indicates that they intend to deviate from the 'one stop' building permit
9 process as it exists. Rather, the Council wishes to gather additional information to
10 determine the optimum utilization of these contemplated positions and intends to reserve
11 sufficient funds within the projected Ending Fund Balance to institute appropriate positions
12 later in the year" and item K, "The Council wishes to acknowledge the fine service and
13 commend the dedicated members and employees of the Humane Society in their important
14 work. Prior to the next budget, it is our recommendation that the Humane Society meet
15 with the Council Budget & Program Analyst for the purpose of developing appropriate long
16 range financial information and formats that would allow the Council to better evaluate
17 Humane Society requests for additional funding."
18 Woods outlined the changes to the provisos as follows: Proviso L now reads: '"The
19 Juvenile Probation position was added on the condition that state funding through a grant
20 would be available; any shortfall in grant revenue for this position would be made up a
21 transfers from within the department and not from supplemental funds. If the new position
.2 fails to receive adequate state reimbursement to cover its costs for 1992, the position shall
23 be phased out for the 1993 budget."
24 Vanderpol added to item M, after duties, "shall devote at least 1/2 FTE of one of
25 these positions to work designated by the officials of the Natural Heritage Committee,
26 pursuant to Evaluation #2 of the Natural Heritage Plan."
27 Woods added new item N, "The appropriation of $25,000 in REET funds to the
28 Executive's office for implementation of the Natural Heritage Task Force recommendations
29 is to be considered as matching funds; all expenditures from those funds must be provided
30 from non - county funds on a dollar for dollar basis." He stated that the ending fund balance
31 would appear to be sufficient to cover any state decreases because of the budget shortfall.
32 He explained other technical changes and instances where computer monies were changed
33 from departments to Information Services budget.
34 Warner and Vanderpol discussed the Humane Society's request to retain the entire
35 amount of the dog licenses fees.
36 WARNER MOVED TO AMEND THE BUDGET BY ALLOWING THE
37 HUMANE SOCIETY TO KEEP THE ENTIRE FEES WHICH WOULD DECREASE
38 THE COUNTY FUND BY $20,000 AND ADD THIS AMOUNT TO THE HUMANE
39 SOCIETY.
40 Hansey asked that the Humane Society do an analysis of the increases in monies
Minutes, 11/26/91, Page 8
1 received from the County compared with other.
2 The motion to amend failed 6 -1 with Warner voting for.
3 Hansey thanked the Committee for putting money into the Natural Heritage Fund.
4 9:38 p.m.
5 Vanderpol mentioned the aim toward the centralization of accounting functions in
6 the Auditor's office.
7 The motion carried unanimously.
8 5. ORDINANCE COMMITTING TO LOAN REPAYMENT, IF NECESSARY
9 FOR THE WHATCOM COUNTY CONSERVATION DISTRICT (AB91-
10 308A)
11 Vanderpol reported for Finance and recommended adoption.
12 Items discussed were: County liability; options.
13 Comments were made by: Haney, Vanderpol, Warner.
14 The motion carried 6 -1 with Haney voting against.
.5 6. DISCUSSION ON COMMENTS TO FOREST PRACTICES BOARD
16 (AB91 -348A)
17 Laidlaw explained this issue.
18 LAIDLAW MOVED ENDORSEMENT OF THE STAFF'S COMMENTS TO THE
19 FOREST PRACTICES BOARD ON RULE PROPOSALS REGARDING CUMULATIVE
20 EFFECTS AND WETLANDS BY SENDING A LETTER FROM THE CHAIRMAN
21 WITH MR. GORDON SCOTTS NOVEMBER 15TH, 1991, MEMO TO MR. ED
22 SUMM ERFIELD.
23 The motion carried unanimously.
24 7. RESOLUTION AGREEING WITH A RESOLUTION BY CITY OF
25 LYNDEN APPROVING A BOUNDARY ADJUSTMENT (AB91 -405)
26 Laidlaw reported for Planning and Development and recommended approval.
27 SHE SO MOVED.
28 The motion was carried unanimously.
Minutes, 11/26/91, Page 9
1 8. RESOLUTION ADOPTING THE 1992 SIX -YEAR PHYSICAL PLANT
2 AND FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS
3 AND FACILITIES FOR THE COUNTY (PUBLIC SERVICES) (AB91-
4 411)
5 Imhof reported for Public Service and Solid Waste and recommended approval.
6 HE SO MOVED.
7 Items discussed were: When would the lot that was purchased last year be paved;
8 project #SR15.
9 Comments were made by: Laidlaw, Imhof.
10 Imhof withdrew his motion and the consensus was that this would be referred to
11 Committee.
12 Watts said this has to be done tonight.
13 IMHOF MOVED TO APPROVE THE RESOLUTION.
14 The motion carried 5 -2 with Laidlaw and Imhof against.
15 9. RESOLUTION ADOPTING THE WHATCOM COUNTY 1992 ROAD
16 CONSTRUCTION PROGRAM (AB91 -410)
17 Imhof reported for Public Services and Solid Waste and recommended approval.
18 HE SO MOVED.
19 JACKSON MOVED TO AMEND THE MOTION TO ADD TO #15
20 MISCELLANEOUS UNANTICIPATED, A FERRY STUDY TO DETERMINE IF IT
21 WOULD BE POSSIBLE TO RUN A FERRY FROM POINT ROBERTS TO THE REST
22 OF WHATCOM COUNTY; THE AMOUNT NOT TO EXCEED $10,000.
23 Jackson said she represents the High Capacity Transportation Commission with the
24 State and it had come up in meetings that this could be done.
25 Imhof.spoke against this.
26 Hansey and Henken noted it could be used for this purpose even if not earmarked.
27 Jackson withdrew her motion.
Minutes, 11/26/91, Page 10
1 IMHOF MOVED TO ADD POTTER ROAD WEST OF HIGHWAY 9 AS A NEW
2 ITEM 9 ON ALTERNATIVE PROJECTS ON PAGE 5 OF 5 WITH $100,000 FUNDING.
3 The motion to amend carried unanimously. 10-15 p.m.
4 There was discussion among Laidlaw and Henken on #7, the Bakerview Road from
5 the east City limits to Bennett.
6 LAIDLAW MOVED THAT #14 LAKE WHATCOM CONNECTOR BE MOVED
7 TO THE LAST ALTERNATE POSITION.
8 Imhof and Vanderpol commented.
9 The Laidlaw amendment passed 5 -2 with Vanderpol and Hansey against.
10 HANSEY MOVED TO MOVE #13 LAKE WHATCOM BOULEVARD BELOW
11 THE LAKE WHATCOM CONNECTOR AS THE LAST ALTERNATE POSITION.
12 Jackson and Vanderpol spoke against this.
13 Hansey withdrew his motion.
14 JACKSON MOVED TO STRIKE THE FUNDING FROM THE WHATCOM
.5 CONNECTOR.
16 The motion failed 6 -1 with Jackson for.
17 Imhof and Henken discussed the Birch Point Road #8.
18 WARNER MOVED TO ADD $50,000 TO MISC. UNANTICIPATED BECAUSE
19 THIS AMOUNT WAS NOT BEING USED FOR THE LAKE WHATCOM
20 CONNECTOR SINCE IT WAS PLACED IN THE ALTERNATED POSITION.
21 The motion to amend carried.
22 The main motion carried unanimously.
23 10. RESOLUTION SUBMITTING THE QUESTION OF CREATING LAKE
24 MANAGEMENT DISTRICT NO. 1 FOR LAKE SAMISH TO THE
25 OWNERS OF LAND WITHIN THE PROPOSED DISTRICT (AB91-
26 235D) -
27 This was dealt with before Public Hearings earlier in the meeting.
Minutes, 11/26/91, Page 11
1 INTRODUCTION (NO ACTION AT THIS TIME)
2 1. ORDINANCE TO INCREASE THE WHATCOM COUNTY HEALTH
34 DEO) ARTMENTS MONTHLY PETTY CASH ALLOWANCE (AB91-
5 2. ORDINANCE REGARDING THE MATTER OF PLACING A WEIGHT
6 LIMIT ON ROCK ROAD BRIDGE NO. 328, AND PLACING STOP
7 SIGNS ON ROADWAY APPROACHES (AB91 -421)
8 3. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO
9 BLACK ROCK CABLE (AB91 -381)
10 Addendum
11 4. ORDINANCE AMENDING THE 1991 BUDGET (AB91 -428)
12 Items 1-4 were received and will be forwarded for the appropriate action.
13 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
14 Boards and Commission applications: Warner mentioned that Boards and
15 Commissions applications would be received until December 3.
16 Stab Report: Bob Woods, said the Point Roberts Gas Tax might have to be
17 collected by the County. There may be a possibility of having the State law amended to
18 allow the State to collect the tax along with the other taxes it collects. Barbara Cory,
19 Treasurer, is checking on this.
20 The meeting adjourned at 10:40 p.m.
21 WHATCOM COUNTY COUNCIL
22 ATTEST: WHATCOM COUNTY, WASHINGTON
23 L",j a��? t
24 Barbara Maher, Deputy Clerk Daniel M. Warner, Chairman
Minutes, 11/26/91, Page 12