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HomeMy WebLinkAboutCounty Council December 11 1990WHATCOM COUNTY COUNCIL REGULAR MEETING December 11, 1990 The meeting was called to order by Chairman Don Hansey at 7 p.m. Present Absent Dan Warner Marge Laidlaw Mary Vanderpol Emily Jackson Bob Imhof Dennis Vander Yacht EXECUTIVE ITEMS 1. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT FOR INDIGENT DEFENSE SERVICES FOR CASES CONSIDERED TO BE A CONFLICT OF INTEREST FOR THE PUBLIC DEFENDER'S OFFICE, WITH BAUM, WALKER, KAMRAR, ELICH, BOBBINK, PAGE, HEYDRICH AND KOZER FOR $50 PER HOUR FOR 1991 (AB90 -428) Van Zanten explained the issue saying the only change is that Mr. Zimmer has withdrawn and Mr. Kozer is being recommended instead. Warner reported Finance recommended approval of this item. HE SO MOVED. The motion carried unanimously. 2. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT FOR GUARDIAN AD LITEM DUTIES IN THE JUVENILE DIVISION OF SUPERIOR COURT AT $35 PER HOUR FOR DAVIS AND ROGERS, AND GEORGE AT $75 PER HOUR FOR 1991 (AB90 -429) Warner reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 3. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO AN AGREEMENT AMENDMENT WITH WESTERN SERVICES Agenda, 12 /11/90, Page 1 FOR LEACHATE HAULING SERVICES FROM THE CEDARVILLE LANDFILL TO THE FERNDALE WATER TREATMENT PLANT (AB90- 430) Van Zanten explained the issue. Jurica's memo stated the County has had good service from Western Services. Warner reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 4. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF MINERAL AGGREGATES FOR JOBS IN 1991 (AB90 -431) Warner reported that Finance recommended approval to the Council HE SO MOVED. The motion carried unanimously. 5. BID AWARD RECOMMENDATION FOR THE SUPPLY OF PRESCRIP- TION MEDICATION SERVICE FOR THE JAIL TO THE LOW BIDDER, NORTH CAMPUS PHARMACY, AT A FEE OF $3.50 PER PRESCRIP- TION FILLED (AB90 -432) Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. 6. BID AWARD RECOMMENDATION FOR A SIX MONTH SUPPLY OF TRAFFIC CONTROL SIGNS TO LOW BIDDER, ZUMAR INDUSTRIES INC., EST. COST $19,060.66 (AB90 -433) There were three bids and Zumar Industries Inc. submitted the low bid. Warner reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. Vanderpol suggested a program be given in schools regarding damage done to sign Agenda, 12/11/90, Page 2 wad have the schools reward students for any reduction in sign damage. 7. BID AWARD RECOMMENDATION FOR INSTALLATION OF A WATER LINE AND HYDRANT FOR FIRE CONTROL AT HOVANDER HOMESTEAD PARK TO LOW BIDDER, BECK CONSTRUCTION, FOR $39,773.33 (AB90 -434) Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. 8. REQUEST FOR APPROVAL TO ADD STAFF POSITION IN THE DEPARTMENT OF COMBINED TREATMENT SERVICES (AB90 -435) This added position was originally expected to be on a professional services contract. Recently it had been concluded that for San Juan and Whatcom County it would be advisable to add a county staff person to be funded by North Sound Regional Support Network. This will need to be authorized. Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. 9. NEW APPLICATION FOR A CLASS P LICENSE FOR LORI LAINE HAZEN AND THOMAS EDWARD HAZEN FOR THE BASKET CASE, 741 EL CAMINO WAY, LYNDEN (AB90 -436) Vanderpol reported for Public Service recommended approval to Council. HE SO MOVED. The motion carried unanimously. 10. EXECUTIVE'S REPORT The road report update was distributed. Vanderpol asked what was being done on the dikes and said he would appreciate a report so the Council will be able to respond to callers. Henken said in the lower river the Corps of Engineers hopes to be able to start next week. They will need $112,000 in local match money. FEMA only restores and does not Agenda, 12 /11/90, Page 3 do any betterment. Henken said the Soil Conservation Service may have a program for removing stumps but he is not sure. Hansey asked if the County needs to do an emergency ordinance to get the money up front to match the federal funds and if in -kind work could cover this. Henken said he does not know. Jackson asked whether this would be a loan or could the diking district pay it back. Van Zanten said the variety of things that need to be done and the money needed is large. She will start to explore this issue tomorrow morning and as soon as they have adequate information to come ahead for funding this will be done. She said the Council needs to have all the information before it goes ahead with funding. SPECIAL PRESENTATION FOURTH CORNER ECONOMIC DEVELOPMENT GROUP (10 MINUTES) (AB90 -437) David Bell: Hansey introduced Mr. Bell. Bell stated this is a private non profit group; its mission is to stimulate vitality in the economics of Whatcom County by helping local business expand and develop and thus provide jobs. Manufacturing is the focus as it will be followed by other industries; retail sales have driven our economy lately and we hope to diversify and attract higher paying jobs. Fourth Corner imposes no charge to businesses. Most new businesses are from Canada because there are lower siting costs and lower wages here than in Canada and this area provides them with access to more markets to the South, Alaska and the Pacific Rim. Fourth Comer is involved with public policy; it received a grant recently from WA to help prepare the sensitive areas ordinance. Bell discussed proposals for the coming year. He distributed copies of the manufacturer's directory the group has been working on which will sell for $30.00. He presented a picture to the Council. Hansey praised Bell for doing a fine job at Fourth Corner. OPEN SESSION Linda Zander, 2003 Pangbom Road: Wants to inform the Council of the callous disregard of the Environment Health department to the public. She said this disregard has resulted in making her and her cattle sick. Last night the Planning Commissions cited violations of the law in the field of solid waste, particularly regarding construction debris. Whatcom Countyis not meeting the requirements of water monitoring; water associations are not being forced to comply with the Federal Clean Drinking Water requirements. The Health Department does not allow dual sampling. There are kinds of testing that are more precise such as the one used by the Environmental Protection Agency and there is no attempt to use this advanced technology in Whatcom County. Zander said there will be litigations the County cannot imagine. Agenda, 12 /11/90, Page 4 John Leibrant, formerly of Cedarville: Last week he asked Jackson to get an okay for him to get a sample and he read the motion. On September 1, Ann Anderson wrote Christine Gregoire asking why they were testing the clean wells. She said the wells I asked about were affected by the old landfill and that was a toxic cleanup concern. Leibrant said that Department of Ecology tested four of the cleanest wells, and the conclusions were that all exceeded the maximum contamination of the primary drinking standards. He stated Harper and Owes broke the seals, filled the bottles, resealed them and sent them to the same lab as the County used but the results were different. He showed the size of the bottle he wants filled which he would have them seal and put in an ice chest so he can take it to a lab. He showed the book on hydrogeology tests on Cedarville and said it proves his case. He said in 120 minutes water will soak through the clay at Cedarville which is over 12 inches in a 24 hour period. Mike Kaufmann, 1620 Humphrey Road: He is part of N.O.P.E. and wants to thank the County Council for their support and the time they spent on this issue. They have been working on Initiative 490. The members have been coordinating with the County Planning Department, the City of Bellingham and Electrical Union 77. We are trying to consider projected electrical utilities. Open session was closed. HEARINGS AND FINAL CONSIDERATION 1. RESOLUTION AUTHORIZING THE SALE OF PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NOS. 55, 56, 57,58,59 (AB90 -413A) The public hearing was opened. Hearing no testimony the hearing was closed. Warner reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 2. ORDINANCE REVISING THE ENVIRONMENTAL HEALTH FEE SCHEDULE FOR SOLID WASTE FUNDING (AB90 -421) The public hearing was opened. Hearing no testimony the hearing was closed. Warner reported Finance recommended adoption to the Council. Warner said there is a projected increase to reflect the true cost of doing business and will result in a tipping fee of $1.80 per ton; this would allow the Health Department to adequately support environmental services and the committee recommended approval of Agenda, 12/11/90, Page 5 the ordinance. HE SO MOVED. Imhof asked why municipal solid waste is mentioned instead of medical waste. Warner said there is no mechanism to take medical waste out of the solid waste but it is handled uniquely by the incinerator. Jackson asked about demolition waste. Warner said demolition waste is not considered municipal solid waste. Jackson asked if Liedecker would be charged. Dave Bader said this fee would be charged to the final disposal facility but no doubt would be charged back to the people dumping. There are not a lot of people illegally dumping demolition waste. Warner said that the handling of waste on the facility floor is a labor issue rather than a county issue but the law allows the Health Department to levy fees to cover costs. The increases suggested just cover the costs incurred. The Health Board Advisory Committee (HBAC) has encouraged the Health department to raise its fees. Jackson said it would be a good idea next year to have all the entities including the City of Bellingham to give some input in the fee schedule. Warner said this was discussed at the Health Board Advisory Committee (HBAC) meeting and there are City representa- tives on that committee. Imhof wants to make an amendment to add "and medical waste" after "Municipal Solid Waste" on the eighth line from the bottom of page two of the proposed fee schedule. HE SO MOVED. Warner said if we are going to change this we should refer it to HBAC. Dr. James said there's a clarification; he said Jackson and Warner are correct in saying that an additional tax on medical waste may be illegal as it would interfere with interstate commerce. Imhof withdrew his amendment. The motion carried unanimously. 3. ORDINANCE ESTABLISHING PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY -OWNED PERSONAL AND REAL PROPERTY (AB90 -414) The public hearing was opened. Barbara Cory, Treasurer: Spoke in support of the passage of this ordinance and gave recognition to the people who have worked on the committee putting this document together for the past two or three years. The people who worked on this were as follows: Dan Warner, Council Member; Roger De Spain, County Parks; Dan Taylor, Planning; Paul Rushing, Public Works; Keith Willnauer, Assessor; Darlene Metcalf, Deputy Auditor; Bob Agenda, 12 /11/90, Page 6 Carmichael, Prosecutor's office; Tom Sutberry, Executive's office; George Reid, Information Services; and Nat Dickinson, Purchasing. This ordinance will codify procedures for management and disposition of all fixed assets. It formally creates the property manage- ment committee and the new representation will be the Executive, the Assessor, Parks, Planning, Public Works, Purchasing and Treasurer. She discussed the goals of the committee to make property management recommendations and decisions based solely on the best interests of the public. Jackson said Vanderpol had suggested if property was donated to the county it be maintained as park property separate from other county property. Cory said once this is in place the committee will work on the details and that is a good suggestion. The public hearing was closed. Warner reported Finance recommended approval of the substitute ordinance to Council. HE SO MOVED. Warner said this would allow the County to hire an agent. Hansey explained that pages 1 through 13 of the Procedures for management and disposition of County -owned personal and real property document will be added to the ordinance as Exhibit A and will be codified. The motion carried unanimously. Jackson asked that a letter of recognition be sent to the members. 4. PETITION FOR ROAD VACATION, UNNAMED RIGHT -OF -WAY END OF RAINBOW DRIVE IN GLENHAVEN, FILED BY MARY AND CLIFFORD GRINNELL (AB90 -318) Mary Grinnell, 21429 -68th Ave. W, Lynnwood: She said she had been a property tax payer of Whatcom County for 26 years; they bought two lakefront lots in Glenhaven for retirement. This was a mistake as the lots proved unbuildable without sewer. The Schachts bought property next to them in March 1990 and rushed in and cut into the hillside, cut trees, and caused damage to the Grinnell property. She says this is a delicate hillside and if they cut in a roadside and put in a septic system it will cause further erosion and damage. Mrs. Grinnell said she was appalled that Henken had not looked at these lots for two months; the erosion that has happened in the last month is unbelievable. She said any further construction needs to await more study and that a road may even go against the Shorelines Act. She distributed a map and photos. She said they did not mind foot traffic on their property but not vehicles. Agenda, 12 /11/90, Page 7 Mr. Norm Lewis, 712 Wendell Way, Glenhaven Assoc: This was a designated road. It does give access to Lot 16. Part of the association waterway is in this roadway and they need to be able to get in to service it. He said it is up to DNR to govern the tree cutting. Robert Grinnell, son of owners: He said the right of way terminates within peoples' property; with a roadway there will be more of the trespassing that has been done in the past. The right of way is entirely land surrounded; it does not connect one road to another or give lake access to the Club. They realize the damage is a civil matter. The Cal de Sac provides access and they own all the lots. The Schachts have damaged Lot 15. The Schachts had no permit prior to August but opened the trail illegally without permit in April. He said his family has left the area pristine for 26 years and in 9 months it has been violated. The development was done without permit by an unlicensed contractor from Skagit County. If this is an example of the kind of work that will be done what can we expect to be done on the trail. He asks that no action be taken so he can investigate the Shorelines Act since the right of way is within 100 feet of the shorelines. The address on Lot 16 is E. Alder and its primary access was intended to be on E. Alder. If you follow the recommendations of the Public Service Committee, please take no action until they check the Shorelines Act; if that is not done he asked engineering to provide specific specifications in any trail permit for right of support and prevention of erosion for the adjoining lots. Gerald Thompson, 335 Lakeside Drive: In regard to vacating the right of way, Mr. Schacht does deserve access to his property. Fred Schacht, son of owners of Lot 16: When parents bought property it had a valid perk permit. They were able to secure a trail permit for use of the right of way. The only place a drainfield could be located is between E. Alder and the homesite so that necessitates access from this right of way. The drainfield would be situated where the Grinnells suggest they put their garage. They are working with engineers so they will not pose a threat to the other owners. He said the erosion is caused from a County drainage pipe that is affecting everyone there. They all want to get this thing resolved. Roy Grinnell, son of Lot 15 and 17 owners: On the point of access to water line, if the right of way was vacated they would provide access to the Glenhaven Association to service it. The new owners did not know it was a county right of way. Access to E. Alder is as easy as the other way. Mr. Schacht said they bought it with a valid perk permit but it is not recent; any perk permit issued in 1979 is not valid anymore. These are the same people who went in without permits and the Grinnell family do not feel the Schachts have any credibility. Robert Grinnell: He added another point to his stipulations that maintenance be added. Hansey said the County does not maintain trail permits. Fred Schacht, Bellingham: The permits are in place for the work done. Agenda, 12/11/90, Page 8 Wayne Schacht, Whidbey Island: The work was done by licensed, bonded contractor from Skagit County. Robert Grinnell: Why did a "licensed" contractor stray over the lines? The public hearing was closed. Vanderpol reported Public Service recommended denial of the vacation. He said Public Service spoke to the engineer about having specifications were followed to prevent erosion. The engineer said the trail permits allowed for this. HE SO MOVED. Jackson asked what maintenance there would be. Henken said that would be part of the conditions. Henken said Robert Grinnell's conditions are reasonable and should be put on this. Hansey noted that a trail permit had been issued. The motion carried 6 -0 with Jackson abstaining. 5. ORDINANCE ESTABLISHING NEW PRICE FOR COPIES OF COUNTY CODE (AB90 -416) Warner reported Finance recommended approval of this item. HE SO MOVED. The motion was carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE EXTENDING THE POINT ROBERTS SPECIAL DISTRICT (WCC20.72.650) TO EXTEND THE PROHIBITION ON TREE CUTTING IN THE GREAT BLUE HERON ROOKERY AND ASSOCIATED 200 METER BUFFER AREA UNTIL AUGUST 31, 1991 (AB90 -397) Laidlaw reported Planning and Development reviewed this item and recommended two slight amendments: Last line of the title should read "200 meter buffer area until August 31, 1991; Line 19 should read "public meeting on December 11, 1990." LAIDLAW MOVED THE AMENDMENTS BE APPROVED. The motion carried unanimously. Agenda, 12 /11/90, Page 9 LAIDLAW MOVED THE ORDINANCE BE ADOPTED. The motion was carried unanimously. OTHER BUSINESS DECISION ON APPEAL OF HEARING EXAMINER'S DECISION REGARDING "BRADLEY PLACE," LS NO. 7 -90, FILED BY RDM COMPANY (AB90 -364) LAIDLAW MOVED TO ACCEPT THE STAY OF PROCEEDING UNTIL JANUARY 15. The motion was carried unanimously. There was a five- minute break at this time. 2. DISCUSSION WITH REPRESENTATIVES OF CAN (CITIZENS AGAINST NON - REPRESENTATION) REGARDING THE ADMINISTRA- TION'S LETTER OF INTENT, PRESENTED TO THE COUNCIL AT THE 12/4/90 MEETING (AB90 -419) Vanderpol explained the discussion held with CAN during the Public Services Committee meeting. Watts expressed concern whether signing a letter of intent would compromise the Council's position by having a position established before a public hearing. The position statement Watts proposed shows the public that it could still consider any information from any member of the public and would not have your mind made up. VANDERPOL MOVED ADOPTION OF THE POSITION STATEMENT RECOMMENDED BY WATTS TO BE ADDED TO THE EXECUTIVE LETTER AND APPROVED BY COUNCIL. Vanderpol read the letter showing support of the letter of intent signed by the Administration. The CAN people were not happy with this and they worked with Watts to come up with a compromise. Watts came up with the latest proposal to add to the letter and it would be acceptable to the CAN people. Jackson said she supported the administrations intent and wants to know if CAN accepts this. Vander Yacht said this is the compromise and this will keep the issue on the table. Jackson said she appreciated the work that has been done by Davis, Watts and everyone tonight but is not ready to vote for the quickly assembled agreement. Davis clarified the intent of CAN on filing the referenda. Vanderpol restated the motion. Agenda, 12/11/90, Page 10 VANDERPOL MOVED TO ACCEPT THE EXECUTIVE'S LETTER OF INTENT INCLUDING THE WORDING PROPOSED BY WATTS; THIS EXECUTIVE'S LETTER OF INTENT REPRESENTS THE INTENTION HELD BY A MAJORITY OF THE COUNCIL AFTER THE HEARINGS AND DECLARATIONS GATHERED UP TO THIS POINT. BY EXECUTING THIS DOCUMENT THE COUNCIL WILL NOT COMPROMISE THE LEGISLATIVE PROCESS. ALL THE ORDINANCES RE- QUIRED TO CARRY OUT THESE POLICIES WILL BE SUBJECT TO THAT PROCESS. ALL THE REQUIRED PUBLIC HEARINGS WILL BE HELD AND WILL BE OPEN TO THE PUBLIC FOR TESTIMONY AND IF ANYTHING COMES FROM THESE HEARINGS THAT CAUSES THE COUNCIL TO RECONSIDER ANY OF THE POSITIONS TAKEN IN THIS DOCUMENT THEN THE COUNCIL IS FREE TO CONSIDER THESE CHANGES AND TO ACT ACCORDINGLY. Vander Yacht said he would not be able to support this motion. The motion failed 5 -1 with Jackson abstaining. Warner read the letter in reply that was distributed earlier. The County Council recognizes and appreciates the efforts made by concerned parties and the administration in dealing with solid waste issues. We understand the general concepts contained in the "Letter of Intent," and ask the administration to move vigorously to implement the policies we have adopted. We look forward to receiving legislative proposals for our review and approval. There was discussion on the issue. Laidlaw said it embodies the flow control ordinance. The motion carried 5 -1 with Vander Yacht against and Jackson abstaining. VANDER YACHT MOVED TO ADOPT THE WHATCOM COUNTY LETTER WITH WATTS POLICY STATEMENT. There was discussion between Hansey and the other members regarding the legality of this motion. Watts said in all his dealings with CAN, he stated he could not speak for the Council. Vanderpol said his motion that was voted down intended to use the Executive's letter of intent; he said he does not see where Vander Yacht's motion is out of order because it is proposing the use of the Council letter of intent and he is open to that. Jackson said she will support it. Warner said he is afraid the Council will be chastised down the road but could support it if this is a basic guideline. Hansey said he would have a difficult time supporting this because he doesn't agree with everything to this point. Agenda, 12 /11/90, Page 11 Vander Yacht said the letter of intent for the Council is what was brought forward by CAN and worked on with Watts; he said he believes the Council should cooperate with them. VANDERPOL MOVED TO AMEND THE MOTION BY ADDING "COUNCIL LETTER OF INTENT' AFTER '"PHIS" AND "FOR THE MOST PART' AFTER "REPRESENTS" IN THE FIRST LINE OF THE LAST PARAGRAPH OF ITEM 5; AND ADD "COUNCIL MEMBERS" INSTEAD OF "THE COUNCIL" IN BOTH THE LAST AND NEXT TO LAST LINE OF THE LAST PARAGRAPH. Laidlaw said she would like to have it noted she has reservations about certain issues in this letter. Motion to amend carried 6 -1 with Imhof opposed. Amended motion to adopt the Council Letter of Intent carried 6 -1 with Imhof opposed. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1990 D -H OPEN SPACE /TIMBER AND OPEN SPACE /OPEN SPACE APPLICA- TIONS: Nn J ; DAVIS, ISENHART (2), AND ERHOLM (AB90 -438) Laidlaw reported Planning and Development recommended approval to Council. SHE SO MOVED The motion carried unanimously. 2. RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICA- TION TO THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FOR FUNDING ASSISTANCE FOR AN OUTDOOR RECREATION PROJECT FROM FUNDS AVAILABLE THROUGH THE FIREARMS RANGE PROGRAM AS PROVIDED BY RCW 77.12 (AB90- 439) Warner reported Finance recommended approval to Council. WARNER SO MOVED. The motion carried unanimously. 3. *ORDINANCE ESTABLISHING A POLICY FOR NSF /RETURNED CHECKS (AB90 -440) Agenda, 12/11/90, Page 12 4. *ORDINANCE AMENDING ORDINANCE 90 -95, THE SERVICE LEVEL ORDINANCE, ALLOWING THE MINI -CAN OPTION TO BE PROVIDED ON MONTHLY BASIS; POSTPONING THE EFFECTIVE DATE OF GARBAGE AND RESIDENTIAL RECYCLING SERVICE LEVELS TO MAR. 1, 1991 AND NONRESIDENTIAL RECYCLING SERVICE LEVELS TO MAY 1, 1991 (AB90 -415) 5. *ORDINANCE AMENDING CHERRY POINT - FERNDALE SUBAREA COMP PLAN MAP FROM URBAN RESERVE COMMERCIAL TO URBAN RESERVE AND THE OFFICIAL ... ZONING MAP FROM GENERAL COMMERCIAL TO URBAN RESIDENTIAL FOR THREE DWELLING UNITS PER ACRE FOR APPROXIMATELY ONE ACRE (AB90 -442) 6. *ORDINANCE AMENDING THE ... ZONING ORDINANCE REGARD- ING SURFACE MINING ACTIVITIES IN THE RURAL, AGRICUL- TURE, FOREST AND GENERAL PROTECTION ZONING DESIGNA- TIONS (AB90 -443) 7. *ORDINANCE AMENDING THE ... ZONING ORDINANCE TO REQUIRE THAT REQUESTS FOR DIVISIONS OF AGRICULTURAL LAND BE REVIEWED BY A COMMITTEE REPRESENTING BUILD- INGS AND CODE, PLANNING, SOIL CONSERVATION SERVICE, AND AGRICULTURAL EXTENSION OFFICE (AB90 -444) Items 3 through 7 were received and will be sent to the appropriate committees. 8. *ORDINANCE AMENDING THE ZONING ORDINANCE, POINT ROBERTS SPECIAL DISTRICT TO EXTEND THE PROHIBITION ON TREE CUTTING IN THE GREAT BLUE HERON ROOKERY AND ASSOCIATED 200 METER BUFFER AREA UNTIL AUGUST 31, 1991 (AB90 -445) This item was withdrawn. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Diking District: Hansey noted a letter from Diking District I expressing interest in forming a Diking District; he said he had sent a letter regarding a county -wide drainage district and this will be sent forward to the Public Services Committee. Open Session Comments: Warner asked that the minutes showing the open session comments of Linda Zander and John Leibrant be sent to the Health Department for their information. Cedarville Water Sample: Jackson asked that we request the administration to allow Agenda, 12 /11/90, Page 13 John Leibrant to have the sample that can be sealed on site and Jackson would volunteer to accompany the sample. SHE SO MOVED. Vanderpol said his intent was in no way to discriminate against any citizen in Whatcom County; if a citizen can provide the correct way of moving these samples that would be okay. Warner said we should allow Leibrant to deal with his own sample. Motion carried 5 -2 with Vanderpol and Hansey against. The meeting was adjourned at 10:20 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY. WASHINGTON Barbara .h L'.�. Agenda, 12 /11/90, Page 14