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HomeMy WebLinkAboutCounty Council May 22 1990WHATCOM COUNTY COUNCIL REGULAR MEETING May 22, 1990 The meeting was called to order at 7 p.m. by Council Chair- man Don Hansey. Present were: Absent Dan Warner Bob Imhof Marge Laidlaw Emily Jackson Mary Vanderpol Dennis Vander Yacht READING AND APPROVAL OF MINUTES of the May 1 and May 8 regular meetings and the May 7 special meeting Laidlaw proposed changes to the minutes on Page 1, May 1, "Fogelsong" incorrectly spelled. Page 5, May 8, "Moved" typed incorrectly and Page 6, May `8, the words "related to Open Space applications" should be added after resolution in the first motion. The minutes were accepted with the previous corrections. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR PARTIAL ROOF REPLACEMENT AT THE HEALTH DEPARTMENT TO THE LOW BIDDER, WESTERN ROOFING COMPANY, INC., FOR $15,555,54.INCLUDING SALES TAX (AB90 -167) Van Zanten stated the low bidder did not meet the require- ments, and the others were higher than allowed so recommended rejection of all bids. Warner reported Finance concurred with Van Zanten's recommendations. WARNER MOVED ALL BIDS BE -REJECTED AND THIS BE ALLOWED TO GO OUT TO BID AGAIN. Motion carried unanimously. 2. BID AWARD RECOMMENDATION FOR A 19 -FOOT BOAT AND MOTOR FOR USE BY THE SHERIFF IN LAKE PATROL DUTIES TO THE LOWER RESPONSIVE BIDDER, HAWLEY'S BOATS AND MOTORS, FOR $18,223.59, INCLUDING SALES TAX (AB90 -168) Van Zanten said Sheriff Mount was able to acquire the boat. for $16,000 including tax instead of the above- listed cost. Warner reported Finance recommended approval of this item. Minutes, 5/22/90, Page 2 WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 3. BID AWARD RECOMMENDATION FOR OVERHEAD LIGHT BARS FOR THE NEWLY - PURCHASED SHERIFF'S DEPARTMENT PATROL VEHICL- ES TO THE LOWEST RESPONSIVE BIDDER, TOMAR ELECTRONICS, INC.,. FOR $20,317.50, INCLUDING TAX (AB90 -169) Warner reported Finance recommended approval. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 4. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF ASPHALTIC EMULSIONS DURING THE COMING ROAD - OILING SEASON (AB90 -170) Warner reported Finance recommended approval WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 5. REQUEST FOR CONTINUATION OF THE LEGAL SERVICES OF THE CITIZENS' REPRESENTATIVE REGARDING THE SOLID WASTE DISPOSAL DISTRICT (AB90 -171) Van Zanten explained this was settled in the County's favor but it was decided to send the disposal district ordinance on to the Supreme Court to further test it's validity. Another $5,000 will be required for Beckhusen for this defense. Warner reported for Finance that the Supreme Court will review this from scratch as there are no factual issues in dispute. Finance recommends the County continue to test the validity of the tax. WARNER MOVED A FURTHER $5,000 BE APPROVED FOR THE CONTINUA- TION OF LEGAL SERVICES TO TEST THE VALIDITY OF THIS TAX IN SUP- REME COURT. Motion carried 5 -2 with Jackson and Vander Yacht against. 6. NEW APPLICATION FOR A CLASS CD LICENSE BY PEDRO LUIS BECERRA AND ELISA BECERRA FOR EL CHARRO TORTILLERIA RESTAURANT, 7356 GUIDE MERIDIAN STREET,. LYNDEN, . WASHINGTON (AB90 -172) Vanderpol reported that Public Service recommended approval. VANDERPOL MOVED THIS ITEM BE APPROVED. Minutes, 5/22190, Page 3 Motion carried unanimously. 7. APPOINTMENTS TO REPRESENT WHATCOM COUNTY ON THE NORTH SOUND REGIONAL NETWORK ADVISORY BOARD (AB90 -173) BRUCE KRAIG MARY ELLEN SHIELDS JODELLE MCBEE LARRY TAYLOR GUADALUPE GAMA THELMA PIERRON (ALTERNATE) Van Zanten said the above mentioned people are recommended for appoint- ment to represent Whatcom County on a citizen's advisory board. These people are on the local board; it will not be necessary in the future for appointees to be on the local board but it was deemed appropriate at this time since these people are aware of the process and can immediately be productive. WARNER MOVED THE APPOINTMENTS BE APPROVED. Motions carried unanimously. 8. NEW APPOINTMENT OF DAVID M. SIMMS TO FILL A POSITION VACATED BY CARL NIELSEN ON THE BOUNDARY REVIEW BOARD TO BE EFFECTIVE IMMEDIATELY AND TO RUN TO 2/1/91 (AB90 -174) Van Zanten explained that Mr. Harlan Kelly, originally appointed, could not serve as he is a commissioner on the fire district; this would be a conflict of interest. LAIDLAW MOVED THIS APPOINTMENT BE APPROVED. Jackson asked if Simms' profession as a realtor would be a conflict of interest. Van Zanten said they had discussed this issue and Simms indicated he would excuse himself on an issue if he ever felt a conflict. Motion carried 6 -0 with Warner out of the room. 9. EXECUTIVE'S REPORT Van Zanten distributed information showing the large increase in Buildings & Codes total applications. Another handout showed the population in juvenile facility is above the capabilities far too often. There are larger numbers coming through the system for varying reasons. The solid waste report was also distributed. Van Zanten asked the Council to read the article in the Herald tonight -that states the City will need -help to deal with waste. The State mandates requirements to deal with waste but does not provide the money to implement them. There was some discussion about the scope of work to be carried out on Stewart Mountain. Minutes, 5/22/90, Page 4 Laidlaw said it is good news that 'the Department of Ecology (DOE) is approving the Recycling grants. Van Zanten said they have, not signed the grants so it will probably not be in place by summer. Composting will be the first part of the plan in place so the master composter can be hired. SPECIAL PRESENTATION BOUNDARY REVIEW BOARD REPORT ON CURRENT AC- TIVITIES AND IMPACTS OF STATE LEGISLATION (AB90 -175) Orville Garrett thanked the Council for giving him an opportunity to speak on behalf of the Boundary Review Board. Garrett mentioned the board membership as follows: Vivian Spiller, Mike O'Conner, Allen Brown, David Simms and clerk Sharon Wolf. Mr. Garrett distributed information sheets to the Council. Originally legisla- ture found that the growth of municipalities promoted haphazard boundaries and a board was needed to encourage proper boundaries. Municipalities must pay $200 and request a review to get the process in motion. On annexations there may be a special interest which is not in the public interest, so going through the board allows justice, said Garrett. Sometimes the board members feel their work is useless and costly paper shuffling. In 1990 the authority to deny annexations was taken from them. If more powers are taken away .there is a good chance the Review Boards will be done away with and issues will go directly to the voters. Garrett made a request for more legal help; this could save the county money if they made a mistake. He said it is demoralizing to have their powers eroded. The board cannot automatically review an annexation now. He said he feels what has resulted is not in the best interests of Whatcom County. Very few people know what the Boundary Review Board does, stated Garrett. OPEN SESSION Stephanie Ross, 3137 Gulf Road: Said she is here with Ron Calder, Claudette Upton and David M. Soncek, of the Water District in Point Roberts. The district's position is that the council could not make an informed decision last week as they had not spoken to any member of the current water district prior to the meeting. At the May 16 meeting Vanderpol said the water district is against growth. There was also a suggestion the Council wants to substitute the Health Department for Water District; that may work but the Council would need to offer financing. Divesting a lawfully vested state agency that has authority under the RCW may be difficult. Ross said it almost seems discriminatory as this is the only district getting this recommenda- tion. This Water District has a lot of work to do with the state government and a foreign government. Warner said this sounds like a gross overreaction to a statement that may not have been thought out. It is being tossed into the Health Board Advisory Committee and may never reappear. Ron Calder, Chairman of the Water District: He took offense when no -one Minutes, 5/22/90, Page 5 spoke to the present board; only spoke to a former member. Calder wanted to know where Vanderpol's concerns came from. He said in the. future if the Council has any need to ask questions, please ask the present members. They are working very hard to clean up a horrendous mess. Mike Kaufman: NOPE, 1620 Huntley Road: He said it was one year ago he heard about the proposed power line. At the meeting at Nendels the experts from Bonneville and Puget Power did not know much about Whatcom County and were using a map from the sixties. HEARINGS AND FINAL CONSIDERATION 1. PETITION FOR ROAD VACATION, ABUTTING BLOCK 27, PLAT OF WEST GENEVA, FILED BY EUGENE ALTMAN (CONTINUED FROM 4/24 AND 5/8 AT PETITIONER'S REQUEST) (AB90 -108) Public hearing opened. Hearing none, public hearing was closed. Vanderpol reported Public Service recommended approval. VANDERPOL MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 2. PETITION FOR ROAD VACATION, PORTION OF BIRCH BAY - LYNDEN ROAD, FILED BY ZAN MARQUIS. (AB90 -150) Vanderpol reported both the Engineering department and Public Service Committee are recommending this be approved. The property would be sold at 60 cents a square foot ($19,854) to the. petitioner. VANDERPOL MOVED THIS ITEM BE APPROVED. Motion carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE TO REVISE THE 1990 EQUIPMENT RENTAL AND REVOLVING FUND BUDGET (AB90 -163) Warner reported .Finance recommended funds in the. amount of $140,000 be added to the ER &R account to cover costs associated with buying the land at 448 West Holly Street. WARNER MOVED THIS ITEM BE ADOPTED. Motion carried unanimously. Minutes, 5/22/90, page 6 2. ORDINANCE AMENDING THE ... ZONING ORDINANCE ... TO MODIFY ... RESORT COMMERCIAL AND GATEWAY IN- DUSTRIAL SIGN REGULATIONS, AND ... TO INCLUDE ADDI- TIONAL RESTRICTIONS ON OFF - PREMISE ADVERTISING SIGNS (AB90 -164) Laidlaw reported. Planning and Development recommended the Council hold it's own hearing on June 12. The information given to the committee shows there may have been illegal sign installations since the moratorium was passed and an inventory is being done. LAIDLAW MOVED THE COUNCIL HOLD A PUBLIC HEARING ON THIS ISSUE ON JUNE 12. Motion carried unanimously. 3. ORDINANCE AMENDING THE CHERRY POINT- FERNDALE SUBAREA COMP PLAN MAP ... AND THE OFFICIAL ... ZONING MAP ... FROM RURAL RESIDENTIAL ONE DWELLING UNIT PER ACRE TO URBAN RESIDENTIAL -FOUR DWELLING UNITS PER ACRE FOR APPROXIMATELY 17 ACRES ON THE NORTH SIDE OF WEST SMITH ROAD, APPROXIMATELY ONE -HALF MILE EAST OF THE SMITH ROAD /I -5 INTERSECTION (AB90 -165) Laidlaw reported Planning & Development recommended adoption of this ordinance. LAIDLAW MOVED THIS ITEM BE ADOPTED. . Jackson asked if Smith Road could handle this added traffic. Taylor said it could handle moderate increases. He said there is no problem with zoning and any subdivision would also have a SEPA review. Imhof asked about the water; Taylor said there are some limits on the sewer but there is no limitation on the water. Motion carried unanimously. 4.. POINT ROBERTS COMPREHENSIVE PLAN AND RELATED DOCU- . MENTS: (THIS ITEM ON AGENDA IN THE EVENT THAT DOCUMENTS WILL NOT HAVE BEEN ADOPTED BY THE COUNCIL AT ITS SPECIAL MEETING. OF MAY 17). A. ORDINANCE AMENDING THE... ZONING ORDINANCE ... TO REVISE EXISTING PROCEDURES FOR TRANSFERRING RESIDENTIAL DENSITIES, PROVIDE DENSITY BONUSES AS AN INCENTIVE FOR UTILIZING THE CLUSTER SUBDIVISION OPTION IN CERTAIN RESIDENTIAL ZONES AND PLACE FURT- HER RESTRICTIONS ON FUTURE SUBDIVISION OF RESERVE TRACTS IN CLUSTER SUBDIVISIONS; AND TO CREATE A Minutes, 5/22/90, Page 7 POINT ROBERTS SPECIAL DISTRICT OVERLAY ZONE (AB90 -73) B. ORDINANCE ADOPTING THE TEXT AND MAPS OF THE POINT ROBERTS SUBAREA COMPREHENSIVE PLAN AND - ADOPTING THE OFFICIAL.. ZONING FOR THE POINT ROBER- TS SUBAREA (PAPERWORK SAME AS FOR PREVIOUS) Laidlaw said the staff was able to give a draft set of minutes after the last meeting on May 17 to the Planning staff so they could produce a map showing the changes the Council approved at that meeting. Laidlaw outlined the changes: Under 20.72.150, eliminates the entire section on gas stations; Under 20.72.200, (.201) service stations in all zones are prohibited and (.202) banks and professional buildings are not among the prohibited uses; Under 20.72.250, (.251) transfer development rights were eliminated with the understanding they will be investigated at a later date; 20.72.270 SUBDIVISION REQUIREMENTS is new, (.271) The UR -3 and R -10A zone districts south of APA Road between Paul's Road and the Boundary Heights subdivision shall apply only for the purposes of a Planned Unit Development pursuant to WCC 20.85. The zoning shall be R -5A for the purpose of creation of any additional parcels utilizing any other method; (.652) Areas of Special Significance: Tree Retention, new section added with preamble and items 1 through 7. LAIDLAW MOVED TO RATIFY THE COPY RECEIVED TONIGHT OF THE PROPOSED TITLE 20 WITH REGARDS TO POINT ROBERTS SPECIAL DISTRICT. Motion carried unanimously. OTHER BUSINESS ' 1. *RECEIPT OF PETITION TO VACATE A PORTION OF BROAD- WAY, BETWEEN WOOLRIDGE AND SUNSET; FILED BY JAKE SIMPSON AND PAM FOX (HEARING TO BE SCHEDULED ON ENGINEER'S REPORT) (AB90 -176) 2. *RECEIPT OF OPEN SPACE /TIMBER APPLICATION FILED BY JUDY AND ROGER DAVIS FOR ACCEPTANCE FOR CURRENT YEAR 90/91. (AB90 -177) (RECOMMEND REFERRAL TO.PLANN- ING COMMISSION) The above items were, received by consent. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) *ORDINANCE AMENDING WHATCOM COUNTY CODE 1.08.060, SECTION C TO ,ALLOW NUMBERING OF MINI- INITIATIVES (AB90 -178) Minutes, 5/22/90, Page 8 2. *ORDINANCE AMENDING WHATCOM COUNTY HEALTH DEPARTMENT REGULATIONS, ADDING A NEW SECTION (TTI'LE 24.08) TO ADDRESS INERT WASTE AND DEMOLITION WASTE LANDFILL REQUIREMENTS (AB90 -179) 3. *ORDINANCE ESTABLISHING AN AUDITOR'S REVOLVING CHECKING ACCOUNT FOR PAYMENT OF FEDERAL TAXES (AB90 -180) 4. *ORDINANCE REVISING THE 1990 CURRENT EXPENSE FUND, COOPERATIVE EXTENSION APPROPRIATION THEREIN FOR NEW GRANT- RELATED PROGRAMS (AB90 -181) 5. *ORDINANCE AMENDING WATER SAFETY AND BOATING CODE AND FURTHER ADDITION FOR SAFER BOATING ON COUNTY LAKES (AB90 -182) Ordinances 1 -5 will be assigned to the appropriate committees. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Warner discussed the Travel budget. The problem is that it was -under - funded in the budget and this needs to be addressed, said Warner. He said there are two choices, divide the remaining funds or get a supplemental budget. Warner said he and Vanderpol are against adding more as the Council needs to show a good example in regard to supplemental budgets. The policy he proposes is that the remaining amount be divided equally until it runs out. Warner said no -one could have money if there is no money there. The travel budget for the entire Council was $2500 for 1990 and the total is now down to approximately $1200. There was a great deal of discussion about the possible methods of financing further travel. Jackson noted that it seemed unfor- tunate that Council members could not be funded to attend the two remaining Association of Counties meetings when the staff is funded to attend these functions. She also stated the County pays $35,000 for our membership to be in this organiz- ation, then quibbles over the amount to send the Council members willing to attend the meetings. Warner said a mistake was made in the amount budgeted and agreed Jackson had said it was inadequate at the time but that is what we are left with. Jackson noted that it was illegal to take the $500 donation to the Western Washington University growth conference out of the travel budget. Hansey agreed that it had to be taken from another part of the budget. WARNER MOVED FOR 1990 FROM MAY 22, EACH COUNCIL MEM- BER IS ENTITLED TO A MAXIMUM EXPENDITURE OF ONE - SEVENTH OF THE FUNDS REMAINING IN THE COUNCIL'S TRAVEL AND PROFESSIONAL EDUCATION AS OF MAY 22. IF A MEMBER WANTS MORE THAN THAT, Minutes, 5/22/90, Page 9 SHE /HE MAY ASK THE FULL COUNCIL FOR APPROVAL. Motion carried 6 -1 with Jackson opposed. Vanderpol spoke abo—_t the North Sound Regional Network. Advisory Board. He said Warner has agreed to be an alternmA znd he is submitting Peggy lull's name- ,as,aataecmd , alternate. . VANDERPOL MOVED PEGGY BALL BE APPROVED AS THE SECOND ALTERNATE ON THE NORTH.SOUND REGIONAL NETWORK ADVISORY BOARD. Motion carried unanimously. Imhof spoke for North West Air Pollution Authority meeting of last week that gave RECOMP approval with the stipulation they reduce burning medical waste on May 24 from six tons to two tons a day. Jackson said that five counties were in consideration for the local option tax for the criminal justice. Whatcom County needs money from state legislature and also local authority to tax for the criminal justice system. Whatcom County was dropped from the list. JACKSON MOVED THIS COUNCIL GO ON RECORD IN SUPPORT OF THE ADDITION OF LOCAL OPTION TAXING AUTHORITY IN ADDITION TO THE SETTLEMENT OF THE LAW AND JUSTICE COST AND SEND A LET- TER TO THE CONFERENCE COMMITTEE, STATE SENATE, GOVERNOR'S OFFICE AND HOUSE OF REPRESENTATIVES TO PUT WHATCOM COUNTY BACK ON THE LIST. There was discussion on this issue. Vanderpol said the spirit has been to en- courage this. Hansey said there may be alternate methods of funding for smaller counties. Jackson said it was local option tax that was being pursued. VANDERPOL AMENDED THE MOTION "PENDING THE RECOMMEN- DATION OF THE EXECUTIVE BOARD OF THE WASHINGTON STATE ASSOCIATION OF COUNTIES." Amended motion carried unanimously. Laidlaw explained a letter from Tim Douglas regarding the Lake Whatcom forested area. Planning & Development recommends waiting for the South Fork process to incorporate these .suggestions and not just have it for one s1-lb -area. Puget Water Quality will TMakc; a presentation to us June 12 or June 26. the growth retreat, the Council decided to look at 2929, the Growth Management Bill; The County is progressing well in this area and there will be a full Minutes, 5/22/90, Page 10 presentation June 5 by Planning. Warner and Laidlaw received a draft of the sensitive areas ordinance from a citizen's group, but wanted the Council be aware of it. . LAIDLAW MOVED THE COUNCIL RECEIVE THE DRAFT OF THE SENSITIVE AREAS ORDINANCE AND PASS IT ON TO ADMINISTRATION FOR REVIEW AND COMMENT, AND TO PUT IT INTO THE APPROPRIATE PUBLIC PROCESS WHICH WOULD INCLUDE THE PLANNING COMMISSION. Motion carried unanimously. Vanderpol mentioned the garbage tax; he said a referendum is being circulated and the Council should make it clear why it thought it was a good idea. He is not speaking against the referendum process but we do need to be responsible and inform the public of the reasons for our stand. Warner said the high cost of garbage disposal will have to be funded by a tax; abolishing the tax will not solve the problem. All cities, the Health Department and the professionals also signed this agreement. Jackson said it was necessary to have questions asked of administration so we might answer the public's concerns: There is a lack of clarity and we need to let the public know more about the plans and they would be less likely to resist if the information was in their hands. She said the small cities have started to plan how they will spend their portion of the money and she wants to make sure the county will fare well since it is collecting the tax. Jackson said we have the obligation to answer the public's question and then they will be able to make well informed decisions. VANDERPOL MOVED TO AUTHORIZE THE PUBLIC SERVICE AND SOLID WASTE COMMITTEE TO WORK WITH THE EXECUTIVE AND /OR REPRESENTATIVES OF THE COMMUNITIES OF THE COUNTY TO DEV- ELOP A PLAN TO EDUCATE THE PUBLIC. Motion carried unanimously. The meeting was _ adjourned at 8:45 p.m. ATTEST: Q�w B bara Maher, Cou cil lerk WHATCOM COUNTY COUNCIL TON