Loading...
HomeMy WebLinkAboutCounty Council October 22 1991WHATCOM COUNTY COUNCIL Regular Meeting October 22, 1991 The meeting was called to order at 7 p.m. by Council Chairman Dan Warner in the Council Chambers, 1000 N. Forest. Present Absent Mary Vanderpol None Dennis Vander Yacht Marge Laidlaw Don Hansey Bob Imhof Emily Jackson ANNOUNCEMENTS Warner stated the Council had discussed the options that could be used in bargaining for the best outcome on the Courthouse expansion in Executive Session. READING AND APPROVAL OF MINUTES The minutes of the October 1, 1991 meeting were accepted as presented. SPECIAL PRESENTATION STATE REP. DENNIS BRADDOCK, 42ND DISTRICT (AB91 -389) (NO PAPERWORK) Dennis Braddock discussed the funding of criminal justice, Growth Management. and Mental Health. He said he hopes the State will not diminish but enhance these areas. He mentioned the negative effects that Initiative 559 would have on junior taxing districts, long term care, aging, mental health, etc. He said the State would probably not re -hire when employees quit or retire. EXECUTIVE ITEMS REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF TRUCK TIRES AND SERVICE TO ESTABLISH FIRM PRICES FOR THE PERIOD NOVEMBER 1, 1991 THROUGH OCTOBER 10, 1992 (AB91 -388) Vanderpol reported for Finance and recommended approval of this issue. HE SO MOVED. The motion carried unanimously. 2. PRESENTATION OF THE EXECUTIVE'S RECOMMENDED BUDGET FOR 1992 (TO BE FILED WITH AB91 -386) Van Zanten distributed the budget documents and explained the breakdowns; she and Laidlaw discussed several items. Vanderpol applauded the Executive Office for a concise budget. 3. EXECUTIVE'S REPORT Award: Van Zanten presented a national award to Mary Scrimsher and Marlen Hansen of Maintenance and Operations for excellence in Vegetation Management. Courthouse bids (AB91 -369): Van Zanten explained the options available. 1. Accept the fact the project will cost more and award the bid knowing it would cost approximately $3 million more and the County would have to arrange for additional financing. 2. Award the bid with the stipulation it be negotiated down as far as 10 percent by cutting back on the construction plans. 3. Reject all bids and go out to bid again. 4. Reject all bids and redesign the project. Comments from Verne Alman, KMD Architects, and Bill Kionka, cost estimator, were considered. Topics discussed were: recommendation desired of Council; options of meeting on November 5 and 12; Executive to provide an impact statement on what another $3 million of debt would do to the future operations; cap on building project. Comments were made by: Van Zanten; Warner; Laidlaw; Imhof, Hansey; Jackson; Vanderpol; Vander Yacht. VANDERPOL MOVED TO HAVE A MEETING ON OCTOBER 29 TO HAVE A WORKSHOP ON THE FUNDING OPTIONS. The motion failed with Imhof; Vanderpol and Laidlaw voting in favor. WARNER MOVED TO MEET ON NOVEMBER 5. The motion carried with Jackson and Vander Yacht against. JACKSON MOVED FOR A RECONSIDERATION. Minutes, 10/22/91, Page 2 The motion carried unanimously. JACKSON MOVED TO HAVE THE WORKSHOP ON OCTOBER 29. The motion carried unanimously. OPEN SESSION Gunnar Jerns, Cane Lake; Wants to sell 40 acres of land; he gave his granddaughter two acres and now she cannot sell this land for five years without paying taxes and having it surveyed. Kermit Sande, Mariotta Road: Encourages the Council to create a county -wide flood district. Patrick Alesse, 9865 Harvey Road, Blaine: Wants the Council to send the Birch Bay annexation petition to the Boundary Review Board. HEARINGS 1. RESOLUTION TO SELL SURPLUS PROPERTY (WRECKED CAR) (AB91 -374A) The public hearing was opened. Hearing no comment, the hearing was closed. IMHOF MOVED TO APPROVED THE RESOLUTION. The resolution was unanimously approved. 2. ORDINANCE CREATING A COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT (AB91 -071K) The public hearing was opened. Thomas Randall, retired urban planner: Opposed to the creation of this district as it seems to concentrate on controlling the river rather than managing the river. There is only mention of diking, dredging, etc. He questioned the makeup of the advisory committee as there was no representative from Bellingham or south, and there were no people with expertise. He urged strong land -use controls. Doug McKeever, 5090 Noon: Seconded the remarks of Thomas Randall. Can't keep battling the river. Bob Olson, Cain Lake: Their lake flooded, probably as a result of clear cutting of Minutes, 10/22/91, Page 3 Alger Lake. The lakes need help as well as the river. Mike O'Connor, lives on the South Fork: Hopes the South Fork is included. Wants both technical advisers and the people who have lived there for many years to be represented. Bruce Harris, 135 Summerland: Interviewed about 150 residents in his area; 92 percent were not satisfied with the present flood control proposal. The proposed county- wide district was proposed with only a goal statement to control the Nooksack River. He would be against this until a clearer purpose is put forth. Art Anderson, 5326 Williams Road: Totally agrees with a county -wide flood district. Commends the County for taking the action they have with only a vague promise from Federal Emergency Management Agency (FEMA). Fears the build -up in the river. Fred Nowicke, 3341 Berg Road, Everson: Recommends the county -wide flood control districts. That means all bodies of water will be looked at as required. The previous floods years ago did not do the damage as the river was lower than it is now. He said this is a long -range plan and it must be started now. Genevieve Van Dalen, 6881 Nooksack Road: Her land was not affected. The technical advice should come after the district is formed. The people who live in the County who protest paying into this should realize that they are paying for it now, because the flood repair comes out of county revenue which comes from people's taxes. Nelda Sigurdson, lives on the Nooksack River: We are now funding the ferry, the Port Commission, bridges, so why not the river? Intalco and Ferndale get their water from the area that was in jeopardy during the flood. Percy Hoekema, 7448 Emerson Road, Everson: What will to the overflow that goes to his area each year. He said he is in favor of the county -wide district. Butch Kvamme, 3783 Hatley Road, Everson: Strong supporter of the county -wide flood control district. We can eliminate the damage done by the rivers. Steven Walker, Canyon Lake Drainage on Mosquito Road: Please scrutize clear cutting as it increases run -offs. Forest practices must be looked at. He said he is in favor of a county -wide district. Jake Heerspink, 929 Hampton Road, Lynden: In favor of the county -wide flood district. He said he is concerned that flood control doesn't gets more State funding. Art Hyatt, 2318 North Shore Road: He said the forestry practices need to be studied. Minutes, 10/22/91, Page 4 Kermit Sande, 5375 Mariotta: There were floods years ago even when there were many more trees. Doug Dobyns, Lives on the South Fork: Situation in the County where we will have to act. Recommended the kind of management that has been done on the Fraser River. Dennis Cushing: He said he wonders if anything will be accomplished by the District. The public hearing was closed. IMHOF MOVED TO ADOPT THE ORDINANCE. Topics discussed were: formation will be the first step; the discussion of the hearing should be typed and included in the report; land -use; the designation of wild and scenic to dangerous river; following up with real goal statements; county -wide instead of just Nooksack River; comprehensive effort; responsibility of taking this on; boundaries; floodways; forest practices; creation of district is strictly administrative; technical aspect will come later; management as opposed to controlling. Comments were made by: Jackson, Vanderpol, Vander Yacht; Imhof; Henken; Laidlaw; Hansey; Warner. The ordinance was unanimously adopted. 3. ORDINANCE CREATING A SUMAS RIVER SUB -FLOOD CONTROL ZONE DISTRICT (AB91 -071J) The public hearing was opened. Fred Nowicke, 3341 Berg Road, Everson: Urged the Council to adopt this ordinance and thanked them for adopting the County -wide Flood Control Zone. The public hearing was closed. VANDERPOL MOVED THE ADOPTION OF THIS ORDINANCE. The motion carried 6 -0 with Jackson out of the room. OTHER ITEMS 1. DISCUSSION WITH THE COUNCIL ACTING AS THE HEALTH BOARD ON COMPOSTING REGULATIONS (AB91 -337) Minutes, 10/22/91, Page 5 Dr. James discussed the various aspects of compost utilization. Dave Bader and Regina Delahunt were also present. James discussed the following: sludge standards; SEPA process at RECOMP to make the compost safe; use on specific sites but not released to public; state regulations; yard waste; NIMBY syndrome causing the withdrawal of the DeWilde site due to public concern; the extensive testing prior to its leaving the RECOMP site; curbside recycling; responsibility of the residents to keep bad things out of the waste stream; finding safe sites for compost. Topics discussed were: liability; finding safe sites for compost; inability of County to tell RECOMP where to place its compost; keeping it out of the flood zone; fear of the unknown without appropriate reassuring answers; formalizing requirements into an ordinance; present compost locations; high lead count in yard waste; time for regulation; testing; request in writing showing RECOMP will be bound by SEPA Comments were made by: Jackson; James; Laidlaw; Warner. 2. DISCUSSION OF FOREST PRACTICE APPLICATIONS IN THE LAKE WHATCOM SUBAREA (AB91 -129A) Laidlaw reported for Planning and Development. There was discussion about logging at Cub Creek which has not received a designation. LAIDLAW MOVED TO REQUEST THE CHAIRMAN WRITE A LETTER TO BILL WALLACE, DEPARTMENT OF NATURAL RESOURCES URGING A CLASS IV DESIGNATION. The motion carried unanimously. The Council also discussed Ridge Runner and the clear cutting done without proper permitting in the Birch Point area. JACKSON MOVED THE COUNCIL ASK FOR ANSWERS ON THE BIRCH POINT AREA CLEAR - CUTTING. The Council expressed a desire to know what occurred at Birch Point and discussed the issue. Motion failed 6 -1 with Jackson voting in favor. Warner asked Jackson to write a list of questions; he said he would ask the Chair of Minutes, 10/22/91, Page 6 Planning and Development to work with the administration to find an answer. 3. RESOLUTION OPPOSING 559, RELATING TO PROPERTY TAXES (AB91 -351) Laidlaw explained the issue. LAIDLAW MOVED THIS RESOLUTION BE APPROVED. WARNER MOVED TO AMEND BY ADDING "MAY" ON LINE 15 AFTER "IT'. Laidlaw accepted as a friendly amendment. Warner and Jackson expressed concern about the Council acting on initiatives. The motion carried 5 -0 with Jackson and Vander Yacht abstaining. 4. RECEIPT OF PETITION FOR INCORPORATION OF BIRCH BAY (AB91 -385) Laidlaw explained the issue. LAIDLAW MOVED THE COUNCIL ACCEPT THE PETITION AS CERTIFIED BY THE COUNTY AUDITOR, ACKNOWLEDGE ITS RECEIPT AND FORWARD NOTICE TO THE BOUNDARY REVIEW BOARD. The motion carried unanimously. INTRODUCTION 1. RECEIPT OF PETITION TO VACATE A PORTION OF BROADWAY, FILED BY THOMAS AND VIRGINIA GAVOSTO (AB91- 368)(HEARING TO BE SCHEDULED ON ENGINEER'S REPORT)(PUBLIC SERVICES) 2. RECEIPT OF PETITION FOR FRANCHISE FILED BY BLACK ROCK CABLE, INC. (AB91 -381) (FOR REFERRAL TO PUBLIC WORKS /PROSECUTOR FOR ORDINANCE PREPARATION- HEARING TO BE SCHEDULED AFTER INTRODUCTION OF ORDINANCE) 3. ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL BUDGET OF WHATCOM COUNTY FOR THE YEAR 1992 AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN (AB91 -386) (FINANCE COMMITTEE REVIEW SCHEDULE AVAILABLE) 4. ORDINANCE TRANSFERRING ASSETS FROM WHATCOM COUNTY TO THE SUMAS RIVER SUB -FLOOD CONTROL ZONE DISTRICT AS Minutes, 10/22/91, Page 7 PROVIDED FOR IN RESOLUTION 91 -077 (AB91 -071M) (HEARING TO BE SCHEDULED) 5. RESOLUTION ADOPTING THE 1991 UPDATE OF THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM AND REFERRING IT TO THE DEPARTMENT OF ECOLOGY FOR FINAL APPROVAL (AB91 -347) Items 1 -5 were received by Council and will be forwarded for appropriate action. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Council of Government Meeting: Laidlaw said the next meeting dealing with Growth Management and Planning policies is October 30, at 7 p.m. in the Council Chambers. Whatcom Transit Authority (WTA) update: Laidlaw said WTA has long -range plans to buy 27 fixed route handicapped accessible coaches meeting the American Disabilities Act for $6 million, 10 small accessible buses for $500,000 and three mid -size accessible coaches for $400,000 plus an accessible van, radio replacements, and computers. WTA expects complete fleet replacement in 1992 to be funded mostly (80 percent) from a federal grant. Response to the Lake Whatcom Agenda: Laidlaw said the draft of the response she committed to provide, will be ready on Thursday. Drayton Harbor Road: Imhof said he will be meeting with Ron Butcher tomorrow to consider some alternatives to alleviate the problems. The ordinance will be coming up for a vote as soon as possible. Shoreline Management Program: Laidlaw said Department of Ecology (DOE) has final jurisdiction in some areas of the Shorelines Plan. Planning and Development will be making a recommendation on November 12 regarding the need for a hearing and if it should be held in conjunction with DOE. Staff Report: Bob Woods, Council Budget and Program Analyst, said the first meeting occurred last Friday. This Friday there will be a review with Executive and staff followed by the first department reviews Monday and Wednesday of next week. The meeting was adjourned at 10:37 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON l M. Warner, Chairman Minutes, 10/22/91, Page 8