HomeMy WebLinkAboutCounty Council March 5 1991WHATCOM COUNTY COUNCIL
Regular Meeting
March 5, 1991
The meeting was called to order by Chairman Dan Warner at 7 p.m. at the Council
Chambers, 1000 N. Forest.
Present: Absent
Dennis Vander Yacht
Emily Jackson
Don Hansey
Bob Imhof
Marge Laidlaw
Mary Vanderpol
COMM =E OF THE WHOLE
Warner noted the agenda would be dealt with in a different order.
2. PRESENTATION ON COURTHOUSE ADDITION /BUILDING
Van Zanten thanked the Council for putting this item on first. She stated that some
of the concerns about this project were keeping the amount of vacant space originally
proposed, coping with day -to day operations during construction, and keeping the cost to the
agreed upon $14 million.
Barney Goltz, Consultant to Whatcom County on this project: He stated there have
been many changes since the summer of 1989 when it originated as a plan to build a
juvenile detention center. It went from 60,000 to 90,000 sq. ft. Maintenance of service
during construction is a major concern.
Goltz said there were many meetings on this project. The plans are adequate but
tight. Some departments will be able to put more people in the space than the plan shows
some can expand into existing vacant space. The Assessor may need to move the appraisers
to a more remote location. More floors could be added to the existing building (5 floors)
and even the long range possibility of adding a new building many years from now has been
taken into account.
Vern Almon, Project Architect with KMD: Thanked the Council for allowing his firm
to work on this project. Mr. Almon discussed the site plan showing drawings of the whole
civic area and the building floor by floor. Internal circulation was looked at so judges and
detention personnel would be kept from the public. A problem that had to be looked at
was making the new building match the old building. There will be two new elevators with
the capability for two more in the future as well as a dedicated elevator to juvenile
detention. There will be a secure night entrance to Law Library which will be located in
the basement. There will be lots of lavatories available. The rotunda will go up two stories
with a small coffee area on second floor overlooking it. Almon discussed the design of the
sixth floor detention area which will house two classrooms, library room and a skills room.
There will be an indoor and outdoor recreation area. Enough cells have been planned for
30 juvenile with the possibility of 48 in the future. The outdoor recreation area can be
acoustically controlled by closing a door.
Almon said his firm tried to create plans for a building that will still look good in
twenty years. He wanted to create a good entry and has used arches in the courthouse for
a more lasting and official appearance. The two story columns around the rotunda also will
give the feeling of a public building. The detention facility will sit back about 15 feet from
the front of the building. The plans allow for a bright area for the juveniles with the use
of skylights. On the Lottie Street side, the existing building can be screened instead of
renovated. He said he hopes eventually Grand Avenue will be landscaped. Handicapped
access will be provided on both sides and the information booth will be off the rotunda.
There will be two bid packages with the first for piling and the second for the main
building. Almon said he hopes the new building will be completed 5/21/93.
Warner thanked Mr. Almon for his presentation.
Van Zanten asked the Council to make a decision on financing at the last meeting
in March or the first one in April.
Brad Bennett, Public Works Fiscal Manager, distributed the information showing the
cost of the building. Bennett explained the first option, a 20 Year Councilmatic General
Obligation Bond Issue. He said the County would borrow the money in advance of actually
needing it and there would be interest earnings on the money. The Council would need to
authorize borrowing the money. The bond market is at a very good point right now and he
said he thinks it would be wise for the Council to take advantage of the low rates. The
price is locked in by selling the bonds which would take sixty days. When you get close to
issuing bonds it is best to pick a time when no -one else is selling and this ensures quick sale.
Vander Yacht asked how the estimated costs were arrived at. Almon said they used
an independent cost estimator to come up with cost projections and history of other projects.
The screen on Lottie is on an alternate plan as well as the courtrooms on fourth floor; these
are not included in the $14,254,024 figure. The money is put on the outside areas and the
public areas. The cost does not include furnishings.
Bennett said the second option is a levy lift with interim financing. The election
would be in the spring of 1992 so interim financing would be needed as funds would not
come in until 1993. He stated the Council would need to pass a resolution to put this on
the ballot and it would need to pass with 60 percent of the voters with at least 40 percent
of the voters who .voted in the last election casting ballots.
Van Zanten said she would need to discuss the financing options more in depth.
There is an enormous difference in the amount of interest the County would be required
to pay on the two options. She stated the Council had set an upper limit of $14 million and
an enormous amount of work went into staying within this limit; ideally there is another
million dollars of alternates that are desirable. Internal design, furniture and the telephone
system will come to another $2.8 million, said Van Zanten.
Minutes, 3/5/91, Page 2
3. COUNCIL DISCUSSION OF POLICY REGARDING FLOOD CONTROL
ISSUES
Haney said there has been discussion for several months about how to handle the
flood control issues. He introduced Jim Kresge, Assistant Director of Snohomish County
Public Works and Bill Derry, Snohomish County Public Works Surface Water Manager.
Kresge said Snohomish County has done some unique things with surface water. They are
working on some flood control areas and are doing plan on the various rivers in their areas.
Bill Derry, Surface Water Manager for Snohomish County, said Snohomish has
similar situation as Whatcom County since they both have separate districts. Snohomish
has two flood control districts and two drainage districts that are locally funded and
controlled. The strength is that they are right there in an emergency; the drawback is that
there is often not enough funding. There are warring districts that raise their dikes and
push their water into another's area.
They have a Surface Water Utility that is a bit different. In Snohomish County urban
development was the big issue in the late 70s as the increased runoff caused erosion and
damage. The Surface Water Utility in Snohomish is called a Watershed Management Area
with a service fee, not a tax and it is assessed against areas that are causing the problem.
The Flood Control Zone Area provides for the following: 1. A uniform approach;
2. A unified standards so that dikes are properly constructed and maintained; 3. Control
of dikes; 3. Professional staff for maintenance and construction; and 4. The costs to be
spread beyond the immediate people in the area. The farmer on the river can be charged
more but will not bear the whole burden. The drawbacks are that the farmers lose some
control as it is now under the Council; some find this a major issue but some will relinquish
control readily to get the professional standards. There are increased expectations that the
County will take care of the problem if it floods.
The Flood Control Management Plan is finished but has not been submitted to
Council. They have developed a very sophisticated computer model that provides them with
information on how much to raise or lower the dikes to allow certain amounts of water
through; this allows for some predictability and the ability to control overtopping. Derry
said they know they will never prevent flooding in Snohomish County but will be able to
control it to some extent. He said individual districts focus on their own property and
increase flooding in other areas.
Jackson asked how long it has taken to get this far and is it private or public
ownership. Original ordinance was done in the late 70s and passed in 1981. It was repealed
in 1984 and re- established in 1987. Derry said they have been battling with the dike wars
since the 60s or before; the flood control district was started two years ago. The flood plain
itself is farms so it is privately owned but the dikes are owned by districts except for a few
private ones. Derry said their flood control zone is still in the talking stage.
Vander Yacht asked about the character of the Snohomish rivers and if they carry
a lot of sediment. Derry said some people think it needs dredging but a study of the river
did not determine that the river was different than years ago. They know they cannot avoid
floods but by controlling the dikes, they hope they can control the flooding.
Vanderpol said there was a feeling in Whatcom County that when Department of
Minutes, 3/5/91, Page 3
Natural Resources (DNR) clamped down on dredging the river has become worse. Derry
said in certain areas in their rivers it would be good but overall there is no evidence it
would be appropriate. The mouth of their river is dredged for navigation and done by the
Corps of Engineers. Derry said they have looked at the river for only several decades so
have a short trend history. Flood heights are getting higher as the dikes are getting higher.
Hansey asked Kresge what the funding issues are. When dikes are not maintained
and built to proper standards, FEMA and the Corps are not as willing to deal with damage.
River improvement tax levy generates $250,000 per year. The Flood control management
plan is funded by FCAP grants from DOE. The federal funds are disappearing.
Jackson asked how they have fared in this flooding. Their rivers are different in the
elevation and gravel content than ours, she stated. Derry said the damage is to the district
dikes but he believes their river is similar to the Nooksack. The French Creek dikes that
were properly built to standards overtopped for two days and were not damaged.
Snohomish is looking at buying out a district and the land that floods; they could then allow
the river to do its thing and overtop onto this purchased land. They have spent more money
on repairs during recent floods than the value of the land so it is felt this would be wise,
said Derry.
This item will be referred to the Public Service and Solid Waste Committee.
1. DISCUSSION WITH PARKS BOARD REGARDING VARIOUS TOPICS (AB91-
087)
Leslie Clark, Chair of Whatcom County Park and Recreation said they would like
to improve communication with the County Council. The Board is set up much like the
Council with seven members. The Park Director serves two bosses both the Park Board and
the County. They would like a shared vision of what Parks would like to do and what our
expectations are for the Parks system. The Park Board is having quarterly meetings with
the Executive on budget issues and this is helping. Some specific ideas are their "Adopt a
Council Member ". Each board member is linked with a Council member in an effort to
encourage better communication.
The Park Board's overall view is to find alternate funding and develop a foundation.
Warner said the Park Board sets policy for the Park department so is it not possible
to set policy within the budget they are given as other departments do. Clarke said their
percentage of the overall budget is decreasing but the Parks are getting increased usage with
not enough staff. Does the Council want them to shrink back to a lesser level. Warner said
Park Department is not the top priority. Law enforcement must come first, the second thing
is maintaining the services of the Auditor, Treasurer, and other departments serving the
public. Jackson said the Parks are relying on trickle down funding and she understands their
concerns. Warner said it is a budget issue and there just isn't enough money to go around
particularly when the County is mandated by the State to enhance the law enforcement
funding.
Vanderpol said we do appreciate the Park Board's dedication. They are always well
Minutes, 3/5/91, Page 4
prepared when they come to the finance committee with their visions but we don't have the
funds to match those visions; the citizens want many things from the County.
Clarke agreed the Park Board budget was not cut in 1991 even though it may have
been decreased as a percentage of the whole county budget. Clarke said they are
understaffed for what they do now.
Jackson asked if there is a possibility of selling some property they own to augment
other things although she said she would hate to see them sell now and buy later at a higher
rate if it is then needed. There may be advantageous trades with others such as they are
now doing with DNR, stated Jackson.
Clarke said it is impossible to implement the Comprehensive Plan at the present rate
of funding.
Warner said we need to redouble our efforts in communications with the Board.
Bill Sebring, a Park Board member, said he would like to have the Council members
bring the comprehensive plan and the budget process together.
Roger DeSpain showed slides of the damage done by winter storms.
CONVENED COUNCIL MEETING
2. DECISION ON MAJOR DEVELOPMENT PERMIT APPLICATION FROM
BELLINGHAM FROZEN FOODS (AB 91 -084)
Warner said that Bellingham Frozen Food is requesting a major development permit,
a shoreline substantial development permit and a shoreline conditional use permit for
portions of BFF's proposed facilities for the treatment and disposal of the waste water from
vegetable processing at the site known as the McDonald Farm south of Slater Road and east
of the Nooksack River.
The Hearing Examiner made recommendations and the choices for the Council are
as follows: Refer the project to the Planning Commission for additional public hearings and
a recommendation; (2) Make a final decision on the application based on the
recommendation of the Hearing Examiner; and (3) Have its own public hearing.
Warner said he would favor acting on this issue with or without modifications. He
asked how this will be put on the soil. Good said it would be sprayed by six large round
sprayers that put out a fine mist.
Good said that conditions #1 and #12 are a problem to the applicant. Laidlaw said
she had a problem with #12 regarding spraying on wetlands. Good said he had taken the
cautious approach; he said he is not sure there is a way of not spraying the wetlands as it
is the large sort that sprays in a circle.
Imhof asked if there were 100 ft. setbacks from the river. Good said yes.
Vanderpol said the Department of Ecology (DOE) did not have a problem with this, so why
are we increasing the regulations? Good said that is a decision the Council will have to
make. Warner asked what the experience is in other areas. Good said land treatment
seems to be the favored modem method.
David Blair, President of Bellingham Frozen Foods said the peak amount of 9 million
gallons comes during the months of May to August. The irrigation is generally early June
Minutes, 3/5/91, Page 5
to October. The amount that is discharged outside the irrigation season will be stored until
the following irrigation season.
Jackson asked how it would be measured. Blair said the site will be monitored by
DOE at test well sites on an ongoing basis.
Laidlaw said the lagoon will hold 19 million gallons but what happens if we have a
flood and it will not hold that amount. Blair said the largest amount comes in August when
there aren't usually floods; by flood time there is usually about four months storage capacity.
Marty Harper, Harding Lawson Associates said they have substantiated that there
will not be a problem at the site. The wastewater will have percolated down through the
ground and will meet the new drinking water standards.
Laidlaw asked how long it would take to do a bed load study of the Nooksack.
Harper said, "a couple of years and a couple of thousand dollars at least."
Ian Jameson did want Warner to mention a concern he has. He said the Hearing
Examiner closed the hearing before some evidence was allowed in the record. He owns 220
acres just south of the site. Good stated he would accept exhibits to the close of the
meeting but about ten minutes prior to the close of the meeting, he would not accept tapes
presented by Jameson.
Warner said it would be noted that there was a technical error made at that hearing.
If the Council decides to do a public hearing it could be submitted at that time. Jameson
requested a public hearing be held.
Jackson asked if a hearing could be limited to the items in contention; Warner said
yes. Vanderpol said since there are only two points to worry about and they are not a
problem to DOE it should be dealt with tonight.
VANDERPOL MOVED WE ADOPT THE MAJOR DEVELOPMENT PERMIT
WITH THE DELETION OF CONDITIONS #1 AND #12.
Hansey asked if he could add a friendly amendment by having # 1 l of the Buildings
& Code staff report become #12 of the Hearing Examiner's conditions.
Vanderpol said he would accept it as a . friendly amendment.
Jackson asked about the quality of protection of the wetland and will it function to
purify the wastewater. Harper said a monitoring system will be set up by the Department
of Ecology. If it is not done correctly BFF will be required to correct it.
Harper said Condition # 12 takes too much land; if there was degradation BFF would
have to pull off that land.
On condition 4b Laidlaw asked if 14" pipe would be dangerous to the bridge because
of the weight. Good said it is plastic pipe and not too heavy on a bridge.
JACKSON MOVED TO SEPARATE THE AMENDMENTS.
The motion to separate failed 6 -1
Minutes, 3/5/91, Page 6
The amended (Vanderpol) motion carried unanimously.
3. DISCUSSION /ACTION: FUNDING FOR MEDICAL WASTE INITIATIVE
APPEAL (AB91 -055)
This item will be referred to the Finance and Personnel Committee.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION ESTABLISHING DATES FOR 1991 COUNCIL MEETINGS
(AB91 -085)
WARNER MOVED APPROVAL OF THIS RESOLUTION.
The motion carried unanimously.
2. RESOLUTION AMENDING THE EXEMPT SALARY RESOLUTION,
PROVIDING HEALTH BENEFITS FOR COUNCIL MEMBERS (AB91-
088)
This item will be referred to the Finance Committee.
OTHER BUSINESS
1. PROCESS BY WHICH COUNCIL ENDORSES STATE LEGISLATION (AB91 -083
The consensus was that any member who wishes to get full Council endorsement of
any issue will be asked to submit a summary and a prepared resolution.
The meeting was adjourned at 10:40 p.m.
ATTEST:
BarbAra Maher, Deputy
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
irk Daniel M. Warner, Chairman
Minutes, 3/5/91, Page 7