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HomeMy WebLinkAboutCounty Council November 27 1990WHATCOM COUNTY COUNCIL November 27, 1990 The meeting was called to order at 7 p.m. by Chairman Don Hansey. Present were: Absent: Dan Warner Emily Jackson Mary Vanderpol Marge Laidlaw Dennis Vander Yacht Bob Imhof EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR PARTIAL REMODELLING OF THE MEZZANINE AREA, WHATCOM COUNTY CENTRAL SHOP (AB90 -407) Van Zanten explained this item. Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. 2. BID AWARD RECOMMENDATION FOR THE CONSTRUCTION OF A MATERIALS TESTING LABORATORY, WHATCOM COUNTY CENTRAL SHOP (AB90 -408) Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion was carried unanimously. 3. BID AWARD RECOMMENDATION FOR GUARDRAIL SITE IM- PROVEMENTS- VARIOUS LOCATIONS (CRP 99198) TO THE LOW BIDDER, CORAL CONSTRUCTION COMPANY IN THE AMOUNT OF $258,499, INCLUDING TAXES (AB90 -409) (TO BE ACTED ON WITH ITEM 2 UNDER "INTRODUCTION ") Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. 4. BID AWARD RECOMMENDATION FOR THE INTERSECTION SIGNALIZATION OF SR 539 (GUIDE MERIDIAN) AT AXTON ROAD (CRP 99195) TO THE LOW BIDDER, WATERWORKS, INC., FOR $69,690 INCLUDING TAX (AB90 -410) (TO BE ACTED UPON WITH ITEM 1 UNDER "INTRODUCTION ") Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. 5. REQUEST TO AUTHORIZE THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH WHATCOM COUNSELING AND PSYCHIATRIC CLINIC FOR THE PROVISION OF PSYCHIATRIC SERVICES IN THE JAIL NOT TO EXCEED $14,820 (AB90 -411) Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. 6. EXECUTIVE'S REPORT Flood issues: Van Zanten spoke about the November 29 meeting at the Nooksack High School Gymnasium and urged attendance. She mentioned that President Bush has declared this a disaster area. The assessment teams will begin tomorrow and will be determining if projects are eligible for help. There is no estimate on the amount of damage to County facilities at this time. Cedarville Hydrogeology Report: A letter from Bob Jurica and the hydrogeology and water quality report on Cedarville were distributed. Solid waste: Van Zanten stated CAN has filed two referendums on the solid waste ordinances so she has put a hold on the recycling program. The conditions of the grant to help pay for the containers is that a service level ordinance be in place. It would be unfair to have haulers finance the machinery they will need if there is doubt that these ordinances will stand. Vanderpol asked how long it would be on hold. Van Zanten said the Prosecutor will have 10 days and the petitioners have 120 days to gather enough signatures. Forslof said they would need 7703 signatures to put this on the ballot next November. Forslof said she came to the office Friday, November 23 to receive the document since it was a courthouse holiday. Van Zanten said to get the revenue source the Council will have to pass another ordinance which will be subject to referendum. Minutes, 11/27/90, Page 2 SPECIAL PRESENTATION PROPOSAL FOR COUNTY -WIDE ADDRESSING SYSTEM (BY JOHN TYLER, DEPUTY PUBLIC WORKS DIRECTOR, AND STAFF) (AB90- 201) Tyler said they had been working since July 1989 to develop a grid system that would keep emergency providers up to date on current addresses but the County is running out of addresses. He introduced Gena Devries, the addressing technician. She explained the current system and its inadequacies. The County is on the quarter mile system which does not allow enough addresses. She explained the loss of numbers over the years and how it will be impossible to assign addresses if people short plat. She showed how the numbers change where the City meets the Council. The proposal is for a sixteenth grid with the north -south divider as Kelly - Slater Road and the east -west divider as Guide Meridian. Devries has met with people from many areas to find the most suitable way of instituting this system. Firemen, ambulances and 911 folks are not finding people in emergencies. Tyler said setting up a new system is a tremendous task but is necessary. The Post Office would allow people to use their old address for a year. This may cause people some inconvenience but will certainly be worth it if it saves lives. No funding has been allocated but it is hoped money will become available for an up -to -date addressing system. Vanderpol went on record as saying he is in favor of this project and hopes it will be able to be started soon. Bellingham was cool to this at first but seem to be more receptive to it now. LAIDLAW MOVED TO ENDORSE THE CONCEPT OF THE ADDRESSING SYSTEM WITH THE UNDERSTANDING THIS DOES NOT INCLUDE FUNDING BUT IF MONEY BECOMES AVAILABLE IT WOULD BE PURSUED. The motion carried unanimously. OPEN SESSION Jonathon Sitkin, Attorney, 119A Grand Ave: He spoke for the emergency ordinance on Guide Meridian restricting building permit application acceptance for the Wiser Lake area. Two petitions were distributed with 70 signatures on each. He said the residents are very concerned about the possibilities there are for development in the area and they are particularly worried about the traffic implications of more development since the area already has severe problems. The subarea plan calls for review every five years and that time is up now. Larry Russell, 7178 Guide Meridian, Lynden: Emphasized an expansion of the bridge would be very costly. He said it is dangerous at this time and will get worse as the traffic expands. The roofing company that exists there now does not generate a great deal of traffic and the residents have no objection to the existing businesses but do not want more businesses that would encourage more traffic. It is an area of peat where there are Minutes, 11/27/90, Page 3 underground cracks. Russell says there is no provision for fire protection around the nursery. Steve Hovander, Diking District #1: Expressed thanks to Paul Rushing and the County for the $30,000 that was recently allotted. They, however, are again in a state of need and would like to have a grant; Diking District #1 maintains the dikes on the Nooksack south of Ferndale and the seawall from Sandy Point to Gooseberry Point. I think He said that most of the County draws from the Nooksack and every resident should cover the funding not just the residents currently taxed. The mouth needs to be dredged. Jim Doring (sp ?), Bellingham: Spoke for Save Our Property (SOP), a flood control group. Their goal is to keep the river within its bounds; if it means dredging, we need to do it. The group will be attending the flood control meeting on Thursday. Dale Lee, 399 Deming Road, Everson: Would like everyone to come and see it. He and his wife nearly lost their lives and did lose their home. Search and Rescue came and got them; the boat hit something in the water and nearly capsized. They were finally taken to safety but it was a frightening experience for them, he said. John Davis, 5556 Guide Meridian: He said for the past few weeks his group (CAN) has been working with the Solid Waste people and the incinerator owners. He said he feels they have come close to a solution. The group he belongs to, CAN, did file two referendums, but their intent is to try to find a solution to this problems, stated Davis. Open Session was closed. HEARINGS AND FINAL CONSIDERATION 1. RECOMMENDED DENIAL OF REQUEST TO AMEND THE OFFICIAL ZONING MAP FROM RURAL -ONE DWELLING PER TEN ACRES TO RURAL ONE DWELLING PER FIVE ACRES FOR AN AREA SMALL- ER THAN THE ORIGINALLY REQUESTED 1350 ACRES IN THE BIRCH BAY - BLAINE SUBAREA (AB90 -197A) Haney explained the item. There is a Planning Commission meeting this evening so the Planning staff can not be here; this item will be held open until December 4 when everyone can be present. The public hearing was opened. Carl Prinz, 3024 Pipeline Road: Objects to the rezone that is being proposed. He chose that area because it was zoned ten acres and rezoning to five acres does present a change. This is a spot zone as no other five acre zoning now exists in that area. Zoning is a good tool to manage growth in the County. The Planning Commission is continually downzoning which open up areas for more downzoning. He gets the feeling the Planning staff did not have the opportunity to do what they wished as the Council asked them to Minutes, 11/27/90, Page 4 come back with another less undesirable option. This should be put on hold until the City of Blaine completes it's review and the County could look at the broader picture. The public hearing was held open until a week from tonight. 2. ORDINANCE ESTABLISHING A SPEED LIMIT ON A PORTION OF BIRCH POINT ROAD (AB90 -385) Vanderpol reported Public Service recommended this be brought forward for a public hearing. The public hearing was opened. Mark Asmundson, Attorney: Represented Birch Bay Village: He said he wanted to thank the County Engineering staff for being so cooperation. Birch Bay Village has experienced growth just as the county has. The Village moved the main entrance to the village and the residents are now driving on the "narrow, winding, undulating portion of Birch Bay Road ". He said he heartily endorsed the need to limit the speed limit on Birch Bay Road. The public hearing was closed. VANDERPOL MOVED THIS ITEM BE ADOPTED. Motion carried unanimously. EXECUTIVE SESSION THE COUNCIL WII.L BRIEFLY RECESS INTO EXECUTIVE SESSION AT THIS TIME TO DISCUSS LABOR CONTRACT NEGOTIATIONS, PURSUANT TO RCW 42.30.140(4) LAIDLAW MOVED TO RECESS INTO EXECUTIVE SESSION. The motion carried unanimously. The Council went into executive session at 8:30 p.m. The Council returned at 8:50 p.m. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE AMENDING THE ZONING MAP FROM R10A TO RSA FOR APPROX. 19.7 ACRES ON WEST LAUREL ROAD (AB90 -394) Laidlaw reported Planning and Development recommended adoption of this Minutes, 11/27/90, Page 5 ordinance to Council. SHE SO MOVED. The motion carried unanimously. 2. ORDINANCE REVISING THE CURRENT EXPENSE FUND, BUILD- INGS AND CODE BUDGET THEREIN (AB90 -384) Warner reported Finance recommended adoption to Council. HE SO MOVED. The motion carried unanimously. 3. ORDINANCE REVISING THE CURRENT EXPENSE FUND, THE BOUNDARY REVIEW BOARD'S APPROPRIATION (AB90 -386) Warner reported Finance recommended adoption to Council. HE SO MOVED. The motion carried unanimously. 4. ORDINANCE REVISING THE CURRENT EXPENSE FUND, ANIMAL CONTROL LICENSING APPROPRIATION (AB90 -387) Warner reported Finance recommended adoption to Council. HE SO MOVED. The motion carried 5 -0 with Vanderpol out of the room. 5. ORDINANCE REVISING THE CURRENT EXPENSE FUND, DISTRICT COURT APPROPRIATION FOR MISC. OPERATING COSTS (AB90 -388) Warner reported Finance recommended adoption to Council. HE SO MOVED. The motion carried 5 -0 with Vanderpol out of the room. 6. ORDINANCE REVISING CURRENT EXPENSE FUND, SUPERIOR COURT APPROPRIATION FOR PROFESSIONAL SERVICES CON- TRACTS AND MISC. (AB90 -389) Minutes, 11/27/90, Page 6 Warner reported Finance recommended adoption to Council. HE SO MOVED. The motion carried unanimously. 7. ORDINANCE REVISING CURRENT EXPENSE, TREASURER'S APPROPRIATION FOR A TECHNICAL CORRECTION (AB90 -390) Warner reported Finance recommended adoption to Council. HE SO MOVED. The motion carried unanimously. 8. ORDINANCE REVISING THE SELF INSURANCE /FRINGE BENEFITS FUND FOR HEALTH BENEFITS COSTS BEYOND BUDGET (AB90- 391) Warner reported Finance recommended adoption to Council. HE SO MOVED. The motion carried unanimously. 9. ORDINANCE REVISING CURRENT EXPENSE, SHERIFF'S OFFICE BUDGET TO PROVIDE ADDITIONAL APPROPRIATION AUTHORITY (AB90 -392) Warner reported Finance recommended adoption to Council. HE SO MOVED. The motion carried unanimously. 10. ORDINANCE REVISING CURRENT EXPENSE JAIL BUDGET TO PROVIDE ADDITIONAL APPROPRIATION AUTHORITY (AB90 -393) Warner reported Finance recommended adoption to Council. HE SO MOVED. The motion carried unanimously. Minutes, 11/27/90, Page 7 OTHER BUSINESS 1. 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) Laidlaw said Planning & Development recommended the Planning Commission be upheld in its decision for denial. SHE SO MOVED. The motion carried unanimously. 2. REVIEW OF PLANNING COMMISSION'S RECOMMENDED DENIAL OF REQUEST TO AMEND 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) Laidlaw said Planning & Development recommended the Planning Commission be upheld in its decision for denial. SHE SO MOVED. The motion carried unanimously. 3. DECISION REGARDING THE APPEAL OF HEARING EXAMINER'S DECISION ON SHORELINES VARIANCE 8 -90, FILED BY ROBERT PETRIE, M.D. (AB90 -338) LAIDLAW MOVED TO OVERTURN THE HEARING EXAMINER'S DECISION AND ALLOW FOR THE VARIANCE 8 -90; ALSO REQUESTED LEGAL COUNSEL TO WRITE THE FINDINGS OF FACTS. The motion carried unanimously. 4. NOMINATIONS TO FILL VACANCIES ON COUNCIL- APPOINTED BOARDS AND COMMISSIONS (PLANNING COMMISSION, BOARD OF EQUALIZATION, AND OPEN SPACE ADVISORY COMMITTEE) (AB90 -405) Haney explained the vacancies. Minutes, 11/27/90, Page 8 PLANNING COMMISSION: Warner nominated Elaine McRory and Jay Taber. Hansey nominated Funkhouser and Simpson. The nominations were closed. BOARD OF EQUALIZATION: Vanderpol nominated Bernard Statema. The nominations were closed. WARNER MOVED TO SUSPEND THE RULES AND VOTE ON THIS ISSUE TONIGHT. The motion carried unanimously. VANDERPOL MOVED TO APPOINT BERNARD STATEMA. The motion carried unanimously. OPEN SPACE ADVISORY LAIDLAW MOVED TO HOLD NOMINATIONS OPEN FOR THIS POSITIONS AS THERE ARE NO ELIGIBLE APPLICATIONS FILED. The motion carried unanimously. WARNER MOVED TO SUSPEND RULES AND APPOINT THE PLANNING COMMISSION MEMBERS TONIGHT. Haney said he would vote against the motion. Motion carried 5 -1. Warner discussed three of the applicants. Elaine McRory: Warner said he had worked with McRory on a committee and found her to be energetic, hard working, graceful, polite, always prepared and someone who did a great job. Jay Taber: Warner said he spoke to Taber and he seems very aware of how much time it takes. Warner also spoke to Bob Hughes who worked with Taber on a committee gave a very high endorsement of him. Robert Funkhouser: Warner said Funkhouser had missed a lot of meetings so his votes may be uninformed. Minutes, 11/27/90, Page 9 Hansey spoke for his nominees. Robert Funkhouser: Hansey said Funkhouser missed five meetings but he is a school teacher and three of the five were special meetings called during school hours. He goes commercial fishing during the summer and that resulted in one missed meeting so he really only missed one meeting without a good excuse. Citizens need to have some consideration in order to keep their jobs in order while donating their time to the County. Dave Simpson: Hansey said he had served one term and is very knowledgeable of Planning Commission matters. He has taken courses at Community College on real estate and planning matters. ROLL CALL VOTE FOR PLANNING COMMISSION APPOINTMENTS: Each member was asked to choose two of the four nominees. Vanderpol -- Funkhouser Simpson Warner -- McRory Taber Hansey -- Funkhouser Simpson Laidlaw -- McRory Taber Imhof -- Funkhouser McRory Vander Yacht -- McRory Simpson McRory was appointed because she had four votes. Each member was asked to choose one of the remaining three nominees. Vanderpol -- Simpson Warner -- Taber Haney -- Simpson Laidlaw -- Taber Imhof -- Taber Vander Yacht -- Simpson This vote was repeated a second time with the same results so choosing the second member was delayed until the December 4 meeting. NOXIOUS WEED BOARD LAIDLAW MOVED TO SUSPEND THE RULES AND VOTE ON THIS ITEM TONIGHT. The motion carried unanimously. Laidlaw nominated Ray Fann, Ivan Likkel and Bill Schaeffer. Minutes, 11/27/90, Page 10 The nominations were closed. LAIDLAW MOVED TO APPOINT THE THREE INCUMBENTS, RAY FANN, IVAN LIKKEL AND BILL SCHAEFFER FOR ANOTHER TERM. The motion carried unanimously. 5. EMERGENCY ORDINANCE ESTABLISHING INTERIM CONTROLS ON COMMERCIAL DEVELOPMENT BETWEEN WISER LAKE AND THE BARTLETT ROAD AND ADJACENT LAND AND DECLARING THAT AN EMERGENCY EXISTS (AB90 -419) LAIDLAW MOVED THE EMERGENCY ORDINANCE BE ADOPTED. There was discussion on the need for this ordinance and it was decided this will prohibit further permits from being filed until the zoning is reviewed. The motion carried unanimously. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 99195 AND AWARDING THE CONTRACT FOR INTERSECTION SIGNAL - IZATION OF SR539 AT AXTON ROAD (SEE ITEM 4 UNDER "EXECU- TIVE ITEMS ") Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. 2. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 99198 AND THE AWARD OF THE CONTRACT FOR GUARDRAIL SITE IMPROVEMENTS, VARIOUS LOCATIONS (SEE ITEM 5 UNDER "EXECUTIVE ITEMS ") Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. 3. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NOS. 55, 56, 57,58,59 (AB90 -413) Minutes, 11/27/90, Page 11 Warner reported Finance recommended approval to the Council. HE SO MOVED. The motion carried unanimously. ADDENDUM 3a. RESOLUTION ENTERING INTO AN INTERLOCAL AGREEMENT WITH OTHER COUNTIES OWNING PUBLIC TIMBER (AB90 -397) Hansey said this is being introduced only at this meeting and will be acted on at a later meeting after it has been reviewed. 4. *RESOLUTION AUTHORIZING THE SALE OF PROPERTY AC- QUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NOS. 55, 56, 57,58,59 (AB90 -413A) 5. *ORDINANCE ESTABLISHING PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY -OWNED PERSONAL AND REAL PROPERTY (AB90 -414) (FINANCE) 6. *ORDINANCE AMENDING ORDINANCE 90 -95, THE SERVICE LEVEL ORDINANCE, ALLOWING THE MINI -CAN OPTION TO BE PROVIDED ON A MONTHLY BASIS AND POSTPONING THE EFFECTIVE DATE OF GARBAGE AND RESIDENTIAL RECYCLING SERVICE LEVELS TO MARCH 1, 1991 AND NONRESIDENTIAL RECYCLING SERVICE LEVELS TO MAY 1, 1991 (AB90 -415) (PUBLIC SERVICES) (NO PAPERWORK) 7. *ORDINANCE EXTENDING THE POINT ROBERTS SPECIAL DISTRICTS PROHIBITION ON TREE REMOVAL WITHIN THE HERON ROOKERY OR WITHIN THE HERON ROOKERY BUFFER (AB90 -397) (PLANNING) ADDENDUM 8. *ORDINANCE ESTABLISHING A NEW PRICE FOR COPIES OF THE WHATCOM COUNTY CODE (HEARING TO BE SCHEDULED) (FINANCE) (AB90 -416) 9. *ORDINANCE REVISING THE ENVIRONMENTAL HEALTH FEE SCHEDULE (AB90 -421) Items 3 through 9 were received and will be referred to the appropriate committees. Minutes, 11/27/90, Page 12 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Acceptance of petition on legal holidays: Warner said he is opposed to anything being accepted on a holiday. WARNER MOVED THAT NO BUSINESS BE CONDUCTED ON SCHEDULED HOLIDAYS AND THE COUNCIL ASK OUR COUNSEL FOR A LEGAL ANALYSIS. Laidlaw said it did not seem fair as others could not do business on holidays. The motion carried unanimously. Haney said he would send a letter to the Prosecutor on this issue. Nooksack River Resolution: Vander Yacht is interested in developing a resolution dealing with the continuing aspects of flooding in the Nooksack. He would like to show resolve that everything possible is being done. The Council needs to show its commitment. Extended Area Service: Laidlaw said the Council has not received adequate information from the Washington Utilities and Transportation Commission on this issue. Vanderpol said Barbara Brenner alerted the Council that this will be heard tomorrow and she will be there. A letter has been drafted by Laidlaw and it will be faxed to Barbara Brenner in the morning. HE SO MOVED The motion carried unanimously. Puget Sound Water Quality Authority: Laidlaw said Puget Sound Water Quality Authority has withdrawn the wetlands chapter until April. Council Retreat: Laidlaw suggest the Council have its annual retreat on January 26th of at least half a day. SHE SO MOVED. The motion carried unanimously. Council Budget Analyst Position: Warner mentioned adding the words "program auditor" to the description. Haney noted the description said this position should be under the County Chairperson but needs to say the Chairperson and the full Council. Warner noted the person in this position is not an office manager who runs the office. WARNER MOVED THE ABOVE ADDITIONS BE PLACED IN THE POSITION Minutes, 11/27/90, Page 13 DESCRIPTION BEFORE IT IS SENT TO PERSONNEL. The motion carried 5 -1 with Vander Yacht opposed. County Executive Candidacy Declared: Bob Imhof said he had declared that he will be a candidate for the position of County Executive. KGMI County Reporter leaving: Vanderpol said Lee Murphy would be leaving after the December 4 meeting for a new position with KIRO in Seattle. The meeting adjourned at 9:45 p.m. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Barbara Maher, Deputy Council Clerk L442tjfa�sev. G. Cha' an Minutes, 11/27/90, Page 14