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HomeMy WebLinkAboutSpecial County Council December 18 1990WHATCOM COUNTY COUNCIL SPECIAL MEETING December 18, 1990 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest Street, by Council Chairman Don Hansey. Also Present: Absent: Emily Jackson Mary Vanderpol Bob Imhof Marge Laidlaw Dan Warner Dennis Vander Yacht (arrived late) READING AND APPROVAL OF MINUTES of November 27. The minutes were approved as presented. EXECUTIVE ITEMS 1. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO AGREEMENT WITH ENVIRONMENTAL RESOURCE SERVICES FOR WASTE REDUCTION AND RECYCLING CLASSROOM PRESENTATION PROGRAM, FOR $76,280 (AB90 -441) 15 -22 Executive Shirley Van Zanten explained the item. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 2. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO AGREEMENT WITH THE STATE DEPARTMENT OF COMMUNITY DEVELOP- MENT FOR GROWTH MANAGEMENT FUNDS, AND THEN INTO AGREEMENTS WITH CITIES IN THE COUNTY BY AN AMENDMENT TO THE 1991 BUDGET (AB90- 448) 23 -40 Van Zanten explained the grant and the action required of Council. Vander Yacht arrived. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. Minutes, 12/18/90, Page 1 3. NEW APPLICATION FOR A CLASS H LIQUOR LICENSE AT KAROONIES SEAFOOD HOUSE AND BAR, 1379 GULF ROAD, POINT ROBERTS, BY ROBERT G. SINDERFIN AND KAREN KELLN (AB90 -449) 41 -42 Public Services was cancelled due to lack of a quorum, so there was no recommendation on this item. Van Zanten explained the request. HANSEY MOVED TO SUSPEND THE RULES, AND ALLOW APPROVAL OF THE ITEM WITHOUT COMMITTEE RECOMMENDATION. Motion carried, allowing approval of the application. 4. NEW APPLICATION FOR A CLASS EF LIQUOR LICENSE FOR RUSS' MARKET, 7310 EVERSON - GOSHEN ROAD BY RUSSELL KLEER (AB90 -45 3 -44 Public Services was cancelled due to lack of a quorum, so there was no recommendation on this item. Van Zanten explained the request. HANSEY MOVED TO SUSPEND THE RULES, AND ALLOW APPROVAL OF THE ITEM WITHOUT COMMITTEE RECOMMENDATION. Motion carried, allowing approval of the application. 5. EXECUTIVE'S REPORT Flood damaged areas. Van Zanten distributed a memo from Public Works Director Paul Rushing (to her) about costs to repair flood - damaged areas. She talked about grants available through the Federal Emergency Management Agency. Another batch of paperwork included specific projects and dollar amounts needed for them. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE REVISING THE COMBINED TREATMENT SERVICES FUND APPROPRIATION FOR CHILD ENHANCEMENT PROGRAM (AB90 -404) 45 -46 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried unanimously. 2. ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF LRID NO. 10 REFUNDING BOND ANTICIPATION NOTES, TO EXTEND THE INTERIM FINANCING FOR IMPROVEMENTS WITHIN LRID 10; AND FIXING THE DATE, Minutes, 12/18/90, Page 2 INTEREST RATE, MATURITY, FORM, TERMS AND COVENANTS OF SAID NOTES, AND CONFIRMING THE SALE OF SAID NOTES (AB90 -426) 47 -65 Warner reported that Finance recommended approval of this item. Brad Bennett of Public Works distributed more information about the bond issuance. There have been delays in the completion of this process due to wetlands concerns, which brought about the need for an extension on the time to pay off this project. The County plans to issue more notes, borrow more money, pay off old notes, and probably will go through this one more time before final financing is available. Jackson asked questions. All expenses are billed to property owners, Bennett said. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried unanimously. OTHER BUSINESS 1. RECEIPT OF HEARING EXAMINER'S DECISION ON REMAND OF OLIVINE CORPORATION CONDITIONAL USE PERMIT APPEAL (AB90 -294) 66 -82 This item was on the agenda for information purposes only. There was some minor discussion, but no action. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION ORDERING CANCELLATION OF UNCOLLECTIBLE PERSONAL PROPERTY TAXES FILED WITH THE AUDITOR ON JANUARY 3,1989 AND JANUARY 4, 1988 (AB90 -422) 83 -87 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried unanimously. 2. *ORDINANCE CHANGING THE LAKE WHATCOM WATERSHED COMMIT- TEE TO THE WATER RESOURCES COMMITTEE (AB90 -451) (PUBLIC SVCS) 3. *ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 2, TITLE 8, TITLE 16, TITLE 20 AND TITLE 21 OF THE COUNTY CODE FOR THE PURPOSE OF ESTABLISHING NEW AMOUNTS FOR FEES PRESENTLY COLLECTED UNDER AUTHORITY OF THESE TITLES FOR VARIOUS LAND USE PERMITS AND AUTHORIZATIONS (AB90 -452) (PLANNING & DEVELOPMENT) 89 Minutes, 12/18/90, Page 3 4. *ORDINANCE REVISING THE 1991 CURRENT EXPENSE FUND, PLANNING DEPARTMENTS APPROPRIATION THEREIN TO ACCEPT TWO GRANTS, ONE FROM THE STATE DEPARTMENT OF COMMUNITY DEVELOPMENT AND ONE FROM THE STATE DEPARTMENT OF ECOLOGY (AB90 -453) (FINANCE) 90 5. *ORDINANCE INCREASING THE NUMBER OF MEMBERS ON THE SOLID WASTE ADVISORY COMMITTEE (AB90 -455) (PUBLIC SERVICES) Items 2 -5 were introduced by consent and referred to the appropriate committees. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS ADDENDUM ITEM: EMERGENCY ORDINANCE AUTHORIZING A LOAN OF $50,000 TO DIKING DISTRICT NO. 1 FROM THE EQUIPMENT RENTAL AND REVOLVING FUND TO PAY FOR REPAIRS AND RECONSTRUCTION OF DIKES AND LEVEES WITHIN THE DISTRICT BOUNDARIES (AB90 -457) Warner said the Executive had touched on similar issues in her report. This would provide the Diking District's share of local match for a grant. The District will repay it. Exhibit A shows the payback schedule for Diking Dist No. 1. Warner reported that Finance recommended adoption. WARNER MOVED ADOPTION OF THE ORDINANCE. Imhof said he wished to withdraw from consideration due to a potential conflict of interest (he is involved with Diking District No. 1). Motion carried unanimously (5 -0). Jackson asked if anything on the addendum could be acted upon; Hansey reminded her that the Committee of the Whole had not had a quorum and therefore had not taken place. Chief Civil Deputy Prosecutor Randy Watts reviewed the addendum, and agreed with Hansey. Flood Repair: LAIDLAW MOVED TO AUTHORIZE THE EXECUTIVE TO TRANSFER $300,000 FROM THE CONTINGENCY FUND FOR RIVER REPAIR. Hansey said since this item was related to the emergency ordinance, he would accept the motion. Motion carried unanimously. Imhof thanked the Council on behalf of Diking District No. 1. Minutes, 12/18/90, Page 4 Solid Waste /Citizens Against Non - Representation: Jackson said a meeting between herself, Warner and C.A.N. members, published as a COTW, took place prior to the Council meeting even though a quorum was not present. As a result, revisions to the letter of intent (regarding the referenda filed by C.A.N.) were agreed upon that seemed to satisfy the needs of people who have an interest in the issue (at least those who were present). She sought clarification from Watts, asking if the Council could take action on this agreement even if it is not on the agenda. She said she would like to bring it forward as an open Council motion on the floor. Watts said state law limits action items to those on the agenda or addendum, particularly for special Council meetings. The addendum lists a COTW item, but because it is not specified for action at the special meeting, he did not believe action could take place on that item. Otherwise a person might have been mislead, believing that no action would have been taken. Haney said there had been some confusion about the COTW meeting. Last Friday the Clerk polled Council Members, and four of the seven indicated they did not wish to have the meeting. Members of C.A.N. were asked to bring new information forward in writing, after which it would be forwarded to the Council for information and action. No written comments were submitted by C.A.N., he said. He also noted that technically, due to the lack of quorum, there was no COTW meeting. Jackson said three Council Members committed to meet with C.A.N. -- she, Warner and Vander Yacht. Several Council Members were in the building at the time of the COTW meeting, but would not come into the room to create a quorum. She discussed her intentions and those of C.A.N.'s further, and asked if the Council could schedule another special meeting as soon as possible. Haney said the Council did not have any meetings scheduled before January 8. Warner said he didn't think the Council needed a special meeting, and gave his reason. He spoke about the suggested changes to the letter of intent; if the Council agrees with the changes, C.A.N. said it will withdraw the referenda. This would allow the County to move forward with its solid waste program. Laidlaw, Warner and Haney indicated that such a promise (on C.A.N.'s part) should be included in the letter of intent and signed by C.A.N. Discussion ensued about how items make their way onto the agenda. The Clerk indicated that because three members wished to have the COTW meeting, it was published, at Jackson's request, as a COTW so if a fourth member showed up there would not be a legal problem if they sat in on the meeting. There was some discussion. The meeting was adjourned at 7:35 p.m. ATTEST: z, Ramona Reeves, Council Clerk WHATCOM COUN'T'Y COUNCIL WHATCOM COUNTY, WASHINGTON Minutes, 12/18/90, Page 5