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HomeMy WebLinkAboutCounty Council November 13 1990WHATCOM COUNTY COUNCIL REGULAR MEETING November 13, 1990 The meeting was called to order at 7 p.m. by Chairman Don Hansey. Present: Absent Dan Warner Emily Jackson Marge Laidlaw Bob Imhof Mary Vanderpol Dennis Vander Yacht READING AND APPROVAL OF MINUTES of Oct. 23 and 30 meetings The minutes were approved as submitted. EXECUTIVE ITEMS 1. REQUEST TO AUTHORIZE THE EXECUTIVE TO ENTER INTO INTERLOCAL AGREEMENTS WITH CITIES FOR 1991 -1996 HEALTH DEPARTMENT SERVICES (AB90 -370) Shirley Van Zanten explained this issue saying the formula to be used is determined on the person's usage and ability to pay; the County will cover the remainder. Warner reported Finance recommended approval of this item. HE SO MOVED. The motion carried unanimously. 2. BID AWARD RECOMMENDATION FOR CURBSIDE RECYCLING 1CONTAINERS TO THE LOWEST RESPONSIVE BIDDER, REHRIG PACIFIC, FOR UP TO 14,428 CONTAINER SETS AT $16.78 PER SET (AB90 -371) Van Zanten explained this item. Warner reported Finance recommended this item be approved. HE SO MOVED. The motion carried unanimously. There was discussion about accountability. 3. REQUEST FOR APPROVAL OF BIDDER'S LIST FOR THE SUPPLY OF ROAD DE -ICING SALT FOR THE WINTER SEASON (AB90 -372) 4. REQUEST FOR APPROVAL OF BIDDER'S LIST FOR THE SUPPLY OF CONCRETE CULVERT FOR 1991 (AB90 -373) 5. REQUEST FOR APPROVAL OF BIDDER'S LIST FOR THE SUPPLY OF HOT AND COLD ASPHALTIC MIXES FOR THE COMING YEAR (AB90 -374) b. REQUEST FOR APPROVAL OF BIDDER'S LIST FOR THE SUPPLY OF RIPRAP ROCK FOR THE COMING YEAR (AB90 -375) Items 3, 4, 5 and b were reviewed by Finance and Warner said Finance recommend- ed approval of these items. HE SO MOVED. The motion carried unanimously. 7. BID AWARD RECOMMENDATION FOR SIGNALIZATION OF NORTHWEST AND WEST BAKERVIEW ROADS' INTERSECTION TO LOW BIDDER, BREAKER CONSTRUCTION, INC. FOR $47,400 (AB90- 376) (SEE ALSO ITEM 1 UNDER "INTRODUCTION ") Van Zanten said this was intended to be a more major project changing the intersection; with the knowledge that the City of Bellingham is going ahead with plans to annex this area, she put a stop to this project. Van Zanten said the lights still need to be installed but in a more temporary fashion; they will be put on wires instead of cement and metal poles. Warner reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 8. NEW APPLICATION FOR A CLASS EF BEER AND WINE LICENSE FOR THE POINT ROBERTS MARINA RESORT (AB90 -377) Imhof reported Public Services recommended approval to the Council, HE SO MOVED. The motion carried unanimously. Minutes, 11/13/90, Page 2 9. Van Zanten outlined the road projects progress report. She mentioned the devastation of the flood and said the damage will be well over $3 million. The water was higher than last year in many areas. The emergency declaration means it frees up the funds to get to work immediately. The second step is that the Governor declared five counties as an emergency area. The third step is to assess the damage then the President would be asked to declare this a disaster area then Federal Emergency Management Agency (FEMA) money would be available. FEMA provides low or no interest money to help get things back to minimal standards. Van Zanten mentioned areas where there the water is still 12 or 15 feet deep; the sheriffs deputies are on hand 24 hours a day to keep people out and prevent looting. The Corps of Engineeers is very helpful in dealing with the flood damage repair; it will restore to the level it was before the flood occurred. She stated the gravel in the river is owned by the Department of Natural Resources who stopped letting people take it out free; the result is that only the amount the County is allowed to take out is coming out of the river. Department of Natural Resources finally agreed it was a benefit to the County for flood control and got a bid to take out 70,000 tons; now the Department of Fisheries have stopped removal because the trees on the sand bars are beneficial to the fish. Jackson urged Van Zanten to make a very strong statement to the state that this is necessary to the well being of the people of Whatcom county to remove the gravel from the river. Van Zanten said what we need is for private contractors to go in and do this. Warner thanked the Executive and all the people who had spent so many hours during the flood. SPECIAL PRESENTATIONS 1. PRESENTATION OF PARKS DEPARTMENT AWARDS (AB90 -367) Roger DeSpain, Park & Recreation Director, mentioned the awards given to the Whatcom County Park & Recreation Department at the annual International Northwest Park and Recreation Association. He presented a slide presentation then awards were presented to Candy Ambrose, Steven Kollmar, and Volunteer Edith Loe. 2. REPORT ON YOUTH COMMISSION (AB90 -368) Dr. Ken Gass urged the Council to allow the Park Department to help the Youth Commission. The Comission is seeking county sponsorship to administer the outside grants they have applied for. He said he had worked with Carolyn Rude and Julie Thompson and they had met with a few others including Lynn Bandorf, Susan Edgar, Kevin Switter, Mary Summerville, and Michael Tyre to share ideas. These people say something greater than themselves is needed to work on this problems. They picked the Park Department because the Council on Aging is a model and is under the wing of the Park Department. A commisssion would be a channel for normal children as well as children at risk. The Commission is seeking non profit status and applying for grants; they hope to get the business community to help serve the children and youth in the community. Jackson said there was a great turnout at the Youth 2000 and urges the public to get in touch with the Park Department; she also thanked Dr. Gass. Minutes, 11/13/90, Page 3 OPEN SESSION Jean Gorton, Trillium Corporation, 1313 Commercial: She spoke on the Puget Water Quality Authority 1991 Management Plan. The new draft of the plan on wetlands included specific requirements. That chapter did not go through the extensive review the rest of the plan did. It is inappropriate for Puget Sound Water Quality Authority to adopt minimum standards when the state is working on this issue. She distributed information and asked the Council Members to let their wishes be known on this issue. Charles Betels, Deming Sportsmans Club: Spoke on the barricade on the Strand Road; the unintended consequence is that it denies access to fishermen as the distance is too far from Acme and Van Zant for a day fishing trip. Sportsmen invest a lot of money in the community in support of their sport. There would be no problem with traffic as there would be only a few pickups there at any one time. Jim Johnson, Washington Department of Wildlife: Try to maintain opportunities wherever possible. Small barriers cause more problems than the Council intended; that was a place for the planting of fish but that has been prohobited because of the barrier. Rhonda Broght: Said State agencies cause more child abuse than they help. She said she is concerned about Dr. Gass' program as it would be one more layer of bureaucracy. She said there are more problems in foster homes than in private homes; the children need to be included in the process. Agencies need to start working with the citizens of the communities and reevaluate the usefulness of current agencies such as Child Protective Services. Jackson said that Youth 2000 did include 70 youth or children. Bill McKinnon, Past president of the Deming Sportsman Club speaking on the barrier on the Strand Road: Urges the Council to consider restoring access to the Nooksack at Strand Road. Ian Storms: He spoke in opposition to state agencies who deal with children. Barbara Brenner, 5617 Northwest Road: This commission can help streamline the system presently in place. She works on three agencies and there is overlapping. People spend a lot of time on environmental issues and parents need to provide kids with environmental training on how to preserve their environment. Maddie Waslohn: Compliments the Park Departments. As a grandmother she recognizes the value of well run parks and would like to be part of the solution now. Max Leeper, 6752 Goodwin Road: Trail rider coordinator, etc. He said he believes the Park Department would be a great answer to the out of control youths. He would like to see the County take an active role in the Trail 90 program. Many children go with them on trails; with proper funding there could be trails all over the county for children to enjoy. Minutes, 11/13/90, Page 4 Bob Tull, 119 Grand Ave.: On behalf of David Allen, ( #3 under Other Business,) requests the Council schedule a public hearing on the rezone. All the owners in this area agreed to five acre lots with 1350 acres being involved in this request. He requests there be a public hearing on this issue. It would allow the people in the area to have a chance to let their desires to be known. Hansey called for a five minute recess. HEARINGS AND FINAL CONSIDERATION 1. ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL BUDGET OF WHATCOM COUNTY FOR THE YEAR 1991 AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN (AB90 -352) (HEARING ON FINANCE RECOMMENDATIONS TO- NIGHT; TECHNICAL CORRECTIONS INCLUDED; FINAL ACTION 11/20) Warner said the Finance Committee has spent over 15 hours with more than 40 department representatives making requests. The public hearing was opened. Jimmie Gregory, 199 Sudden Valley: She spoke on behalf of the Park department, specifically the art projects at Roeder Home. This is great value for the money allocated to them. Every class is filled and they need funding. There are a variety of classes to help develop skills and self esteem. They also sponsor dance groups and children's activities; this is a wonderful program. Amy Margolis, 5466 Potter Road: On behalf of the Park Department budget. They rented land at Van Zandt for people to use the beach; there is no public access if this is not kept open. If they can't get to the river, they need to go 40 minutes at least to get somewhere else. The Parks' presence kept the sanitation and litter at a better level. Please earmark some funds for this purpose, urged Margolis. Curtis Leckie, Blaine: He said he had lived here since 1965 and volunteers at Semiahmoo. Proper maintenance is needed at parks in Whatcom County, said Leckie. We rely on tourists who should be able to go home and praise our area. The County park department has not kept pace with industry; it needs more people to maintain the parks and buildings. Parks directors and staff are well paid but are doing menial jobs that could be done by lesser paid folks. Volunteers like himself help the senior park managers but they need better funding. Park system generates a great deal of money but do not get adequate funding for maintenance and staffing. Glen Hallman, 1510 40th: There is a growing conception that many more seniors are better off than they used to be. That may be true in some instances but there are also a significant number of seniors living in poverty. Federal method of determining the poverty Minutes, 11/13/90, Page 5 level is seven percent less than if you're over 65; many at that level are women who live alone needing nutrition as well as transportation. Bill Campin, Custer: He worked on the comprehensive park and recreation plan very hard for a year. They developed a plan and now the heritage task force is working on what we need to protect. It is sad that the state is providing matching funds that we can't take advantage of it because there needs to be a match. Urges the Council to provide the funds for the Parks Department. He said if kids were provided with constructive things to do there may not be the need for facilities to detain them. Frances Boswell, She said she is involved with the Council on Aging, and funding is not keeping pace with the numbers of people who are coming through the center these days. Many programs are having to cut back because of lack of funding. United Way provides for only one percent of the necessary budget. Additional programs and volunteer coordinators are needed. She said she was hopeful the County could provide funding for the necessary programs and they were caught off guard when they found the budget will be cut 4/19/91. Departments are growing and money is set aside for county buildings; at the same time the County is considering cutting back on the funding of the Senior Centers. Shirley Erikson, Bellingham: Teaches at the Parks department and urges the people to add to the funding. Priscilla Sabin, Whatcom County Visitor & Convention Bureau: Wanted to say she is happy that tourism has provided extra money for the system and that the County has said it would fund Mount Baker Theater and the Museum. Hotel and motel taxes have increased. Art Hyatt, North Shore Road: The story of the lady who did such a good job she needed a big raise. The next year they all ran for her job. The County needs the money for infastructure, solid waste disposal and other community efforts. Mary Ellen Sheilds, Pediatrician: She said she had spent a lot of years in the Mental Health area. She realizes making a budget is a tough thing; she took the proposal to the Finance committee, hoping for support. She found more support than she expected and appreciates the funding was found without taking it away from someone else. She appreciates the attention to human services and urges the Council to take advantage of early intervention and prevention. Chet Lackey, North Shore Drive: Member of soccer commission and a past member of the Park Department. The County has leased a beautiful sports facility for one dollar a year; it needs more of this type of public facility. It is short sighted to under -fund parks; make a little more room for parks funding and this will continue to be a good community to live in. Bill Dietrick, former Park Board member: He gave an historical view of the Park Minutes, 11/13/90, Page 6 Board. There were misunderstandings about whether the Park Department manager reports to the Park Board or the Executive. Everyone needs some recreation and it is a legitimate requirement of government to provide facilities that people cannot provide for themselves. He noted there was a significant decrease in staff and increase in activities. Revenues have increased greatly but this increase disappears in the budgeting process. The public hearing was closed. Warner said it is anguishing to be on a finance committee and not be able to fund everyone's needs. Every department is serving more people with fewer staff and the Park Department is not being picked on. As a policy it is hoped the whole delivery of human services will be investigated. 2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN THE COUNTY FOR THE YEAR 1991 PURSUANT TO THE HOME RULE CHARTER SECTION 6.10 (AB90- 360) (HEARING ONLY; FINAL ACTION WHEN BUDGET ADOPT- ED) The public hearing was opened. No one testified and the hearing was closed. 3. ORDINANCE AMENDING EXHIBIT A OF ORDINANCE 89 -24 ESTABLISHING 1991 FEES FOR THE HEALTH DEPARTMENT (AB90- 360) The public hearing was opened. No one testified and the hearing was closed. 4. ORDINANCE REGARDING THE MATTER OF ESTABLISHING PARKING CONTROL ON KELLOGG, STUART AND HORTON ROADS (AB90 -355) The hearing was opened; no one testified and the hearing was closed. Vanderpol asked if this would be paid for by the county or the developer. Van Zanten had told him this would be covered by the County. VANDERPOL MOVED TO ADOPT THIS ITEM. Van Zanten said the Planned Unit Development (PUD) approved by the Council stated there would be no parking on the roads in this area. The Trillium Corporation has completed these roads and tamed them over to the County. They are now requesting the County to do the signage. The motion carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES Minutes, 11/13/90, Page 7 1. RESOLUTION ADOPTING THE 1991 SIX -YEAR PHYSICAL PLANT AND FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS AND FACILITIES (AB90 -362) VANDERPOL MOVED APPROVAL OF THIS RESOLUTION. Vander Yacht asked if by approving this resolution, the Council would be committing the funding. It was stated that each issue would come back to the Council. The motion carried 6 -1 with Jackson against. 2. ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON PROCESSING OF CONDITIONAL USE PERMIT APPLICATIONS FOR SOLID WASTE DISPOSAL FACILITIES AND SITES, PENDING STUDY OF APPROPRIATE OFFICIAL CONTROLS (AB90 -363) Laidlaw said legal counsel determined this would not need a public hearing. Laidlaw reported Planning & Development recommended approval to Council with 1990 being changed to 1991 on line 5, page 88. SHE SO MOVED. The motion carried unanimously. 3. ORDINANCE REVISING THE 1990 CURRENT EXPENSE FUND, MEDICAL EXAMINER'S BUDGET THEREIN FOR THE COST OF AUTOPSIES (AB90 -354) Warner reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. 4. ORDINANCE REVISING THE 1990 CONVENTION CENTER FUND FOR MOUNT BAKER THEATER RESTORATION (AB90 -358) Warner reported Finance recommended approval to Council. HE SO MOVED. The motion carried unanimously. OTHER BUSINESS 1. REQUEST FOR EXTENSION OF DEADLINE FOR PAYMENT OF Minutes, 11/13/90, Page 8 ROAD VACATION COSTS FOR MARQUIS (AB90 -150A) Vanderpol reported Public Service recommended this request be denied. HE SO MOVED. Marquis' bookkeeper said he would be investing a large amount of money in the County and this would help while Mr. Marquis is getting financing in place. Jackson asked what would happen if he misses the deadline. Watts said the Whatcom County Code states he would have to start over with the process. Jackson said she felt a 30 day extension would be in order. Vanderpol said he does not agree with an entension. The motion to deny the request carried unanimously. 2. REQUEST TO FILL VACANCY ON CEMETERY DISTRICT COMMIS- SION (DEMING AREA) (AB90 -381) Vanderpol reported Public Service recommended approval of the appointment of Raymond Riley. HE SO MOVED. Motion carried unanimously. 3. RESULTS OF COUNCIL REMAND TO PLANNING COMMISSION REGARDING A REZONE FROM R -10A TO R5A FOR AN AREA SMALLER THAN THE ORIGINALLY REQUESTED 1350 ACRES IN THE BIRCH BAY - BLAINE SUBAREA (AB90 -197A) Laidlaw reported Planning and Development recommended to uphold the Planning Commission to deny the rezone. SHE SO MOVED. Haney said the Planning staff recommended the 35 acres be rezoned and he would like to see this voted down so a public hearing could be arranged. Motion failed 4 -3 with Warner, Laidlaw and Jackson for and Imhof, Vander Yacht, Vanderpol and Hansey against. Jackson said she would not support this as it is against the Growth Management Plan. HANSEY MOVED TO HAVE COUNCIL SCHEDULE A PUBLIC HEARING ON THIS ITEM. Minutes, 11/13/90, Page 9 The motion carried 6 -1 with Jackson against. 4. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION REGARDING BOUNDARY HEIGHTS DEVELOPMENT, INC., LS 5 -90 (ON FILE PENDING RECEIPT OF TRANSCRIPT) (AB90 -378) 5. *RECEIPT OF APPLICATION FOR OPEN SPACE, FILED BY ARTHUR AND SANDRA ANTHONY (WILL BE REFERRED TO PLANNING COMMISSION) (AB90 -379) 6. *RECEIPT OF PETITION FOR VACATION OF WASHINGTON STREET, AKA FOREST VIEW DR. AND ALLEY, FILED BY ICSAN REYNOLDS (HEARING ON ENGINEER'S REPORT TO BE SCHED- ULED) (AB90 -380) Items 4, 5, and 6 were received by Council. INTRODUCTION OF RESOLUTIONS AND ORDINANCES C *CONSENT ITEMS) 1. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 99194 AND THE AWARD OF THE CONTRACT FOR THE INTERSECTION SIGNALIZATION OF NORTHWEST ROAD AT WEST BAKERVIEW (SEE ITEM 7 UNDER "EXECUTIVE ITEMS ") (AB90 -376) Warner reported Finance recommended approval to Council. HE SO MOVED. The motion was carried unanimously. 2. RESOLUTION ADOPTING RECOMMENDATIONS TO INITIATE THE COORDINATED WATER SYSTEM PLAN PROCESS AS SPECIFIED IN RCW 70.116 (AB90 -383) Laidlaw reported Planning & Development recommended approval to Council SHE SO MOVED. Motion carried unanimously. 3. RESOLUTION ENDORSING THE EFFORTS OF THE WHATCOM SYMPHONY ORCHESTRA UNDER THE DIRECTION OF NICHOLAS BUSSARD (AB90 -382) Vanderpol reported Public Services recommended to Council this item be approved. Minutes, 11/13/90, Page 10 HE SO MOVED. Laidlaw spoke in support of this resolution. The motion carried unanimously. 4. *REVIEW OF PLANNING COMMISSION'S DENIAL OF A REZONE FOR 116 ACRES IN THE CHERRY POINT FERNDALE SUBAREA (ON WEST AXTON, WASCHKE, AND WEST SMITH ROADS) (AB90 -395) (PLANNING) 5. *ORDINANCE ESTABLISHING PET SHOP RULES AND REGULA- TIONS FOR THE COUNTY HEALTH DEPARTMENT, REPEALING SECTION 6.04.210 OF WCC (AB90 -369) (HBAC ALREADY RE- VIEWED) 6. *ORDINANCE EXTENDING THE POINT ROBERTS SPECIAL DISTRICTS PROHIBITION ON TREE REMOVAL. WITHIN THE HERON ROOKERY OR WITHIN THE HERON ROOKERY BUFFER (PAPERWORK TO BE RECEIVED) (AB90 -397) (PLANNING) This item is being withdrawn at this time. 7. *ORDINANCE AMENDING THE LAKE WHATCOM SUBAREA COMPREHENSIVE PLAN MAP AND THE OFFICIAL ZONING MAP FROM FORESTRY TO RURAL AND RURAL -ONE DWELLING UNIT PER FIVE ACRES FOR A 19 -ACRE PARCEL (AB90 -396) (PLAN- NING) 8. *ORDINANCE AMENDING THE ZONING MAP FROM R10A TO R5A FOR APPROX. 19.7 ACRES ON WEST LAUREL ROAD (AB90 -394) (PLANNING) 9. *ORDINANCE REVISING THE CURRENT EXPENSE FUND, BUILD- INGS AND CODE BUDGET THEREIN (AB90 -384) (FINANCE) 10. *ORDINANCE ESTABLISHING A SPEED LIMIT ON A PORTION OF BIRCH POINT ROAD (AB90 -385) (PUBLIC SERVICES) (HEARING TO BE SCHEDULED) 11. *ORDINANCE REVISING THE CURRENT EXPENSE FUND, THE BOUNDARY REVIEW BOARD'S APPROPRIATION (AB90 -386) (FINANCE) 12. *ORDINANCE REVISING THE CURRENT EXPENSE FUND, ANIMAL CONTROL LICENSING APPROPRIATION (AB90 -387) (FINANCE) Minutes, 11/13/90, Page 11 13. *ORDINANCE REVISING THE CURRENT EXPENSE FUND, DISTRICT COURT APPROPRIATION FOR MISC. OPERATING COSTS (AB90 -388) (FINANCE) 14. *ORDINANCE REVISING CURRENT EXPENSE FUND, SUPERIOR COURT APPROPRIATION FOR PROFESSIONAL SERVICES CON- TRACTS AND MISC. (AB90 -389) (FINANCE) 15. *ORDINANCE REVISING CURRENT EXPENSE, TREASURER'S APPROPRIATION FOR A TECHNICAL CORRECTION (AB90 -390) (FINANCE) 16. *ORDINANCE REVISING THE SELFINSURANCE /FRINGE BENEFITS FUND FOR HEALTH BENEFITS COSTS BEYOND BUDGET (AB90- 391) (FINANCE) 17. *ORDINANCE REVISING CURRENT EXPENSE, SHERIFF'S OFFICE BUDGET TO PROVIDE ADDITIONAL APPROPRIATION AUTHORITY (AB90 -392) (FINANCE) 18. *ORDINANCE REVISING CURRENT EXPENSE JAIL BUDGET TO PROVIDE ADDITIONAL APPROPRIATION AUTHORITY (AB90 -393) (FINANCE) Items 4, 5 and 7 through 18 were introduced and will be referred to the appropriate committees. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Shorelines Citizens Advisory Committee: Laidlaw said they had requested Phase I be held in committee until Phase II is complete. SHE SO MOVED. The motion carried unanimously. Laidlaw said the group made several requests for an attachment to Phase II to look at Aquaculture. LAIDLAW MOVED TO ALLOW THE CITIZEN'S GROUP TO INCLUDE AQUACULTURE AS AN ATTACHMENT TO PHASE H. Motion carried unanimously. Minutes, 11/13/90, Page 12 Strand Road Barricade: LAIDLAW MOVED THAT THE COUNCIL ASK THE EXECUTIVE TO LOOK INTO REMOVING THE STRAND ROAD BARRICADE FROM OCTOBER 1 TO MAY 15 OF EACH YEAR. The Deming Sportsman Club has offered to use their own equipment and take on the responsibility of moving it back and forth at the proper time. The motion carried unanimously. Puget Sound Water Quality Authority Proposed 1991 Management Plan: Hansey spoke about the new wetlands portion of the plan that has had very little public process; the Council may want to give some consideration to this issue. Washington State Association of Counties: Jackson said she and Don Hansey had attended a good convention in Pasco the previous week. Introduction of new staff member: Dan Taylor introduced Craig Maple who will be working on water resources and the Lummi Reservation area. The meeting was adjourned at 10:28 p.m. ATTEST: Baibara Maher, Counc Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Minutes, 11/13/90, Page 13