HomeMy WebLinkAboutCounty Council September 10 19911 WHATCOM COUNTY COUNCIL
2 Regular Meeting
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4 September 10, 1991
5 The Council meeting was called to order by Chairman Dan Warner at 7:12 p.m. in
6 the Council Chambers, 1000 N. Forest Street.
7 Present Absent
8 Mary Vanderpol None
9 Marge Laidlaw
10 Bob Imhof
11 Don Hansey
12 Dennis Vander Yacht
13 Emily Jackson
14 EXECUTIVE ITEMS
15 1. BID AWARD FOR THE CLEANING AND PAINTING OF VARIOUS
16 STEEL STRUCTURES TO THE LOW BIDDER, WE PAINTERS, INC.,
17 FOR $61,805.00 INCL. TAX (AB91 -338)
18 Vanderpol reported for Finance and recommended approval.
19 HE SO MOVED.
20 The motion was carried unanimoulsy.
21 2. REQUEST FOR AUTHORIZATION TO ENTER INTO CONTRACTS
22 FOR THE 1991 -1993 BIENNIUM FOR SUBSTANCE. ABUSE TREAT -
23 MENT AND PREVENTION SERVICES: RECOVERY NORTHWEST,
24 $1,020,592.60; AVALON, $17,965.00; UNITY CARE, $7,400.00 (AB91 -339)
25 Van Zanten explained this issue.
26 Vanderpol reported for Finance and recommended approval.
27 HE SO MOVED.
28 The motion was carried unanimoulsy.
29 3. REQUEST FOR AUTHORIZATION TO ENTER INTO AN AMEND -
30 MENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
Minutes, 9/10/91, Page 1
1 ZERVAS GROUP ARCHITECTS FOR THE BELLINGHAM SENIOR
2 CENTER REMODEL, ADDING $171,935 TO THE CONTRACT (AB91-
3 188C)
4 Van Zanten explained that Zervas was originally given 12 percent of the total price
5 and now that the total price has risen, the Zervas contract is 12 percent of a larger amount.
6 Vanderpol reported for Finance and recommended approval.
7 HE SO MOVED.
8 The motion was carried unanimoulsy.
9 4. EXECUTIVE'S REPORT
10 Monthly road report: Van Zanten said the work is now in progress on South Pass
11 Road, Birch Bay Lynden Road, and Hannegan Road.
12 Courthouse progress: Six general and 20 sub contractors attended the pre -bid
13 conference. This is on schedule for opening the bids for September 19 and a review at the
14 Capital Projects meeting on October 1. This item would be brought to the Council for the
15 October 8 meeting for the awarding of the bid. There is a penalty built in if the contractor
16 is late in finishing. Van Zanten explained the alternates that could be included in the bid;
17 she also mentioned there would be some hard decisions for Council when the bids are
18 evaluated.
19 OPEN SESSION
20 Kurt Dessauer, 2690 Alderwood, Apt #6: Mr. Dessauer expressed his dismay at the
21 lack of response from both County Executive Van Zanten and Deputy Public Works
22 Administrator John Tyler regarding the non adherence to building regulations that allowed
23 several new buildings to be built with no access for the handicapped. Last year Van Zanten
24 said that barrier -free accessibility is not a priority. Dessauer urged the Council to look into
25 the whole matter of barrier -free accessibility.
26 -HEARINGS
27 1. RESOLUTION AUTHORIZING SALE OF SURPLUS PROPERTY BY
28 AUCTION (AB91 -320A)
29 No one testified at the hearing and it was closed.
30 LAIDLAW MOVED APPROVAL OF THIS ITEM.
Minutes, 9/10/91, Page 2
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The motion carried unanimously.
2. ORDINANCE AMENDING ORDINANCE 79 -24 RELATING TO
PERSONAL PROPERTY OF DECEASED PERSONS UNDER THE
JURISDICTION OF THE MEDICAL EXAMINER (AB91 -325)
No one testified at the hearing and it was closed.
Comments were made by Laidlaw and Watts.
LAIDLAW MOVED ADOPTION OF THIS ITEM.
The motion carried unanimously.
OTHER ITEMS (COUNCIL ACTION MAY BE TAKEN)
1. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
DECISION ON THE GULF VIEW .MAJOR DEVELOPMENT PERMIT
(AB91 -113)
LAIDLAW MOVED THIS ITEM BE APPROVED.
IMHOF MOVED TO AMEND BY SAYING THAT THE ONE -STORY
RESTRICTION BE REMOVED BUT THE 35 FOOT RESTRICTION LEFT IN.
Jackson, Hanley and Vanderpol spoke in support of this.
The amendment was unanimously approved.
LAIDLAW MOVED AN AMENDMENT TO DELETE PARAGRAPH EIGHT ON
PAGE 15 AND INCLUDE THE LANGUAGE IN THE AGREEMENT WITH THE
HERON ASSOCIATION.
The amendment was unanimously approved.
Imhof asked if the time limitation would work a hardship.
Richard McCann, Attorney with Perkins Coie, Seattle: He said they would prefer the
longer period of time.
IMHOF MOVED TO AMEND THE TIME ALLOTMENT TO 48 MONTH FOR
THE PERMIT EXPIRATION WITH AN ADDITIONAL 24 MONTH RENEWAL
OPTION WITH JUST CAUSE.
Minutes, 9/10/91, Page 3
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Jackson spoke against this amendment.
The amendment passed 6 -1 with Jackson against.
Vanderpol spoke against the fair share contribution for congestion at the border.
The residential units were reduced from 200 to 160 units.
VANDERPOL MOVED TO AMEND THAT THE REQUIREMENT THAT THE
DEVELOPER PAY FAIR SHARE MITIGATION FOR TRAFFIC CONGESTION AT
THE BORDER BE DROPPED.
Laidlaw, Imhof and Jackson spoke against the amendment.
The amendment was defeated 7 -0.
The amended motion was approved unanimously.
2. COUNTY -WIDE FLOOD CONTROL MANAGEMENT AND PREVEN-
TION -- REQUEST FOR MOTION INITIATING DISTRICT CREATION
(AB91 -071B)
Imhof reported for Public Service Committee and recommended approval.
HE SO MOVED.
HANSEY MOVED TO AMEND AS FOLLOWS: '"THE COUNCIL SUPPORTS
AND WISHES TO INITIATE THE CREATION OF A COUNTY -WIDE FLOOD
CONTROL ZONE DISTRICT AND A SUMAS RIVER SUB -FLOOD CONTROL ZONE
DISTRICT WITHIN IT. THE ADMINISTRATION IS REQUESTED TO BRING TO
THE COUNCIL THE NECESSARY DOCUMENTS FOR THIS IMPLEMENTATION;
PROVIDED, THE FUNDING RECOMMENDATIONS SHALL BE B Al -SEAT
JIMM ASSESSMENTS OR TAXES THAT RECOGNIZE THE BENEFIT GAINED
BY THE PROPERTY OWNER AND THE CONTRIBUTION TO THE FLOODING
PROBLEM CREATED BY THE PROPERTY. CONSIDERATION SHOULD BE
GIVEN TO ASSESSING A SMALL AMOUNT ON ALL RESIDENCES IN THE
COUNTY (NOT PARCELS); ASSESSING COMMERCIAL AND INDUSTRIAL
PROPERTY BY A FORMULA SUCH AS SQUARE FOOTAGE OR ACREAGE
OCCUPIED; ASSESSING FARMLAND BY THE ACRE (HIGHER AMOUNTS IN THE
100 -YEAR FLOOD PLAIN); AND ASSESSING FOREST LANDS A ONE -TIME FEE
BASED AT TIME OF HARVESTING. EQUITY IN THE FORMULA SHOULD BE
GIVEN A HIGH PRIORITY."
Items discussed: The willingness of the Lummis to talk about their contribution;
equity as main focus; Sumas sub -flood wording; iniatiating the formation of the district;
Minutes, 9/10/91, Page 4
1 financing options.
2 Items discussed by: Jackson; Vanderpol; Imhof, Van Zanten and Hansey.
3 WARNER MOVED TO AMEND HANSEY'S AMENDMENT TO STATE
4 "CONSIDER" RATHER THAN "BE BASED ON" AT THE END OF LINE 6 OF THE
5 AMENDMENT.
6 JACKSON MOVED TO ADD "AMONG OTHERS" AFTER "CONSIDER ".
7 Hansey accepted these as friendly amendments.
8 The amendment carried 4 -0 with Vanderpol, Imhof and Laidlaw abstaining.
9 The amended motion carried unanimously.
10 3. RESOLUTION SETTING A PUBLIC HEARING ON THE DISSOLUTION
11 OF THE SUMAS RIVER FLOOD CONTROL ZONE DISTRICT (AB91-
12 071C)
13 Imhof reported for Public Service Committee and recommended approval.
14 HE SO MOVED.
15 The motion carried unanimously.
16 4. RESOLUTION SETTING A PUBLIC HEARING ON THE DISSOLUTION
17 OF THE POINT ROBERTS FLOOD CONTROL ZONE DISTRICT (AB91-
18 071D)
19 Imhof reported for Public Service Committee and recommended approval.
20 HE SO MOVED.
21 The motion carried unanimously.
22 5. RESOLUTION ADDRESSING THE PROBLEM OF BANK EROSION ON
23 LUMMI SHORE DRIVE AND THE NEED TO CREATE ONE -LANE
24 SECTIONS TO ENSURE TRAFFIC SAFETY (AB91 -340)
25 Imhof reported for Public Services and recommended approval.
26 HE SO MOVED.
27 JACKSON MOVED TO AMEND BY ADDING "SUBJECT HOWEVER TO
Minutes, 9/10/91, Page 5
1 FURTHER COUNCIL APPROVAL" ON LINE 33 AFTER THE WORD "NECESSARY ".
2 Amendment carried unanimously.
3 The motion to approve the amended resolution carried unanimously.
4 6. AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATC-
5 OM COUNTY PARK FOUNDATION (AB91 -332) (KEPT IN COMMITTEE
6 8/13)
7 Vanderpol stated this item was kept in committee.
8 7. ORDINANCE ACCEPTING THE SYSTEM OF ASSESSMENTS PRO -
9 POSED BY THE WHATCOM COUNTY CONSERVATION DISTRICT
10 (AB91 -308) (REFERRED TO FINANCE 9/3)
11 Vanderpol stated this item was kept in committee.
12 8. ORDINANCE REVISING THE WHATCOM COUNTY CODE, SECTION
13 1.10.90 AND SECTION 1.10.200 OF WHATCOM COUNTY (AB91 -326)
14 Vanderpol reported for Finance and recommended approval.
15 HE SO MOVED.
16 The motion carried 6 -0 with Vander Yacht out of the room.
17 ADDENDUM
18 9. PURCHASE OF PARK BUILDING (AB91 -332)
19 _ Laidlaw reported for Capital Projects and recommended the Executive be authorized
20 to purchase the building for not more than $261,000 plus incidental expenses.
21 SHE SO MOVED.
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Comments were made by Warner and Laidlaw.
The motion carried unanimously.
INTRODUCTION
1. ORDINANCE AMENDING THE 1991 BUDGET (AB91 -341) (FINANCE)
Minutes, 9/10/91, Page 6
1 ADDENDUM
2 2. ORDINANCE AMENDING THE LYNDEN - NOOKSACK VALLEY
3 COMPREHENSIVE PLAN AND THE OFFICIAL ZONING MAP FROM
4 GENERAL COMMERCIAL TO RESIDENTIAL
5 Items 1 and 2 were received by Council and will be referred to the appropriate
6 committees.
7 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
8 Washington Finance Officer's Association Award: Warner congratulated the
9 Auditor's Office who, with cooperation from the Treasurer, the Assessor, Terry Hinz,
10 Executive Office, and Public Works Accounting, developed the Annual Financial Report.
11 This report has once again won top recognition for its excellence in financial reporting.
12 Washington Job Service Corps: Jackson commended Barbara Maher for
13 recommending this service for our office which allowed us to get Pam Orloff on staff.
14 Congratulations to Pam for the $1,000 scholarship she just won from the Job Service Corps
15 for further study. Jackson asked that a letter to given to both these employees; Warner
16 agreed.
17 Growth Management Meeting, 9/11/91: Laidlaw announced this meeting which is
18 mandated by the Growth Management Act.
19 Tentative Schedule for Planning & Development: Laidlaw distributed these
20 schedules.
21 Water Utilities Coordinating Committee Boundaries: Warner explained the
22 difficulties the Administration is experiencing with the Lummis over the inclusion of Lummi
23 lands in the Water Utilities Coordinated Critical Areas District boundaries. (Agq I- Iq'1)
24 LAIDLAW MOVED THE COUNCIL RESCIND THE MOTION MADE IN JULY
25 97 1991.
26 _ Hansey said he would disagree with a motion being made off the cuff without
27 documentation before the members.
28 Jackson asked if the Council could use a motion to reconsider; it was pointed out a
29 motion to reconsider had to be taken at the same meeting as the main motion.
30 If the motion does not pass, Warner said he plans to put it on-the agenda with
31 documentation at the next meeting.
32 Topics included: Whether public hearings would be required; the advisability of
33 having this issue on a published agenda.
Minutes, 9/10/91, Page 7
1 Comments were made by: Hansey; Watts; Laidlaw; Vanderpol.
2 Laidlaw withdrew the motion.
3 JACKSON MOVED THIS TOPIC BE PLACED ON THE NEXT AGENDA.
4 The motion carried 5 -2 with Hansey and Imhof against.
5 Stan Budget submission approved: Bob Woods said the Council computer budget
6 item has been recommended for approval by Information Services Manager George Reid
7 and sent on to the Executive. Assessor Keith Willnauer will be bringing information to the
8 Council on the property tax initiative. The budget meeting schedule will be out soon.
9 The meeting was adjourned at 8:40 p.m.
10 WHATCOM COUNTY COUNCIL
11 ATTEST: WHATCOM COUNTY, WASHINGTON
12
13 B touncil Clerk
14
at'([ *,
Daniel M. Warner, Chairman
Minutes, 9/10/91, Page 8