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HomeMy WebLinkAboutCounty Council February 1 1990WHATCOM COUNTY COUNCIL, Thursday, February 1, 1990 The meeting was called to order at 7 p.m. in the Council Chambers by Chairman Don Hansey. Other Council Members Present: Absent: Dennis Vander Yacht none Emily Jackson Bob Imhof Dan Warner Marge Laidlaw Marvin Vanderpol READING AND APPROVAL OF MINUTES The minutes of the November 21, 1989 special meeting and the December 21, 1989 regular meeting were approved as presented. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR FOUR EXCHANGE COMPACTION WHEELS FOR LANDFILL COMPACTOR TO THE LOW BIDDER, NC MACHINERY CO., FOR FOUR 816B WHEELS $7,187.50. EACH, TOTAL OF $30,992.50, INCLUDING SALES TAX (AB90 -37) Warner reported that Finance recommended approval. WARNER MOVED THAT COUNCIL APPROVE THIS ITEM. Motion carried. 2. CONFIRMATION OF REAPPOINTMENT TO COUNTY APPEALS BOARD, GARY FRANZ TO A SECOND, THREE -YEAR TERM FROM 1/1/90 TO 12/31/92 (AB90 -38) 3. CONFIRMATION OF NEW APPOINTMENT TO MENTAL HEALTH ADVISORY BOARD, LAURENCE TAYLOR TO A FIRST, FULL THREE -YEAR TERM TO RUN FROM 1/1/90 TO 12/31/92 (AB90- 38) 4. CONFIRMATION OF NEW APPOINTMENT TO MENTAL HEALTH ADVISORY BOARD, BRUCE KRAIG TO FIRST FULL THREE -YEAR TERM FROM 1/1/90- 12/31/92 (AB90 -38) S. CONFIRMATION OF NEW APPOINTMENT TO SUBSTANCE ABUSE BOARD, RAY STEWART TO A FIRST, FULL THREE -YEAR TERM Minutes, 2/1/90, Page 2 FROM 1/1/90 TO 12/31/92 (AB90 -38) 6. CONFIRMATION OF NEW APPOINTMENT TO SUBSTANCE ABUSE BOARD, LINDA RHEA TO A FIRST, FULL THREE -YEAR TERM FROM 1/1/90 TO 12/31/92 (AB90 -38) WARNER MOVED THAT ITEMS 2 THROUGH 6 BE CONFIRMED BY COUNCIL. Motion carried. 7. EXECUTIVE'S REPORT Van Zanten handed out the Ferry System Financial Status Report and the Solid Waste report. The Executive stated that "DOE is driving some of us into the Mental Health System ". They are holding up a grant for recycling programs for Whatcom County where there is 100 percent approval until they resolve some problems in King County. The Cedarville facility will close on February 19, 1990. Notice will be published three times in the Herald and also in the Westside Record Journal. . Long haul, the trucking of garbage from Whatcom County to Pasco, should have started today. Warner asked what will be replacing revenues generated at Cedarville. Jackson asked if TRC has the capacity to handle that volume each day. Van Zanten did not respond to Warner's question but in response to Jackson's question said that there is a holding area where excess solid waste can be kept until transferred. Imhof asked if construction and demolition debris has been going to Cedarville; Van Zanten replied that about 15 - 20 percent has been. OPEN SESSION Sharon Schayes, 559 Pleasant Bay Road: Stated she was concerned about the composition of the Shorelines citizens advisory committee; she said there should be noone on it who has been hired by developers. HEARINGS AND FINAL CONSIDERATION 1. ACADEMY ROAD R.I.D. PROPOSED FORMATION (TAKE TESTIMONY; NO ACTION REQUIRED) (AB90 -39) Bruce Sherman, 1977 Academy Road: He stated it unfair that the people opposed to it will have to pay for those who want to develop if it passes. He said those who develop should pay for improvements. �o Minutes, 2/1/90, Page 3 Don Barnett, Owns property on Academy Road: He owns property there, is not a developer but would like to have a better road. He did say that the amount suggested is exhorbitant. He would like to see a bidding situation so the costs would not be padded. He would like an explanation of the high estimate and why bids do not come first. Dean Reese, Represents the Abbott, Academy Road: He represents the Abbotts from Alaska. He agrees with Barnett but said we could not hold back progress. He is in favor of this but wants more information on the high estimate. Penny Johnson, 1971 Academy Road: She said there was a lack of information in the letter they received. Would a lien be placed on properties if you sold and what would be the length of payment. Imhof replied that it would be a ten -year loan. Raymond Royal, Attorney representing his wife and her sister: He said he hopes to see properties develop. Patrick Wheat, North Shore Road: He asked the Engineering department how the no protest agreements would be handled. The people who signed these were allowed to develop and now do not want to pay for more development. He stud that in 1986, 85 percent of the residents voted to have a road improvement district and the cost was estimated at $250,000. What happened to that district. Don Barnett: Spoke again to say he was in favor of it but at a reasonable price. What are the ramifications of a positive bid. Will the County get realistic bids? Chuck Meyer, 1975 Academy Road: He has seven acres and has developed an acre and a half with a house and barn. He does not object to development or an improved road. He will only use 600 feet of it and would like it if he could afford it but he cannot afford it. Hansey closed the public hearing. County Engineer, Ed Henken said the hearing should properly be continued for two weeks so that property owners have added time to vote. A simple majority is all that is required to have this pass but the Council could make an alternate decision. There will be one vote per dollar of assessment. Normally there would be ten years to repay but could be longer; there would be a separate assessment sent with the tax statement. The interest charged would be whatever the County is able to secure. The property owner would pay his payment plus interest on the declining balance so the payments would decline. The zoning is different on the the north and south side so the assessment would be different. The County has reached its bond capabilities for 1990 so this would be held over for 1991. If owners get permission to add additional homes from whet is allowed for their property, they would have to contribute more and others would be credited. Minutes, 2/1/90, Page 4 Also if a property owner not within the district taps into this road as a prime access, they would have to contribute. Owners with a no protest would not have their vote counted unless it was a yes vote. There is no break for owners with undevelopable land but Council could do this but if this increased other's assessment it would have to be re- signed and brought up for another hearing. Jackson asked if we were forcing owners to develop to cover the costs. She would like to see the assessed value of the properties. The proponents will pay for an assessment and would be refunded by the RID if it passes. Imhof asked if the latecomers agreement pertained to extensions to the road as well; Henken said it would not. Laidlaw asked Henken to check if there were any incumbrances for other assessments. The south side can develop two and a half more than the north side; some short plat property does not front on the road. Henken Said that in 1986 it was for half a mile and now it is three quarters of a mile. Warner asked for an explanation of the no protest. Henken said when owners were allowed to develop years ago they had to grant concession and these owners had signed an agreement saying they would not protest against other development. They cannot vote no but can vote yes. Laidlaw asked if Henken could bring a report back on the slope of the road, the maintenance costs, drainage, etc., and if the Council could have costs on the city portion. Vanderpol pointed out that this added road would increase our State gas allowance which will help with maintenance. Heriken said he would bring back the names of the owners who have signed the no protest agreement. He cannot remember a road improvement district that was turned down. Jackson would like to review with the Treasurer the one (Agate Bay ?) that went "bad ". Hansey said the oral public hearing is closed but the public hearing with regards to receiving the ballots is open and comments can be brought to the Council office until 5 p.m. February 8. 2. ORDINANCE CREATING A NO- SHOUTING ZONE IN THE SAMISH WAY, YEW STREET AND GALBRAITH AREAS (AB90 -11) Public hearing opened. Paul Streubel, 2011 Kingsmill: Described how people have been shooting from a plateau over his home and the shots come right to his house. He has had to train his children to 'hit the dirt' if the shooting starts. At some times, they shoot deliberately even after he has yelled at them. He called the Sheriff and took his own gun up; he aimed at the woman who was shooting and finally she dropped her gun. He found he could have been arrested for pointing a gun at someone who is shooting at him. Most of the shooters stop when they yell at them that they are shooting into a residential area but one time they continued to shoot and even accelerate their shooting as he yelled at them. His wife ran for a truck to sound the horn; she moved and a bullet entered a board where she had been standing and would have hit her head had she not moved. His children were between him and the shooters on the ground. His Minutes, 2/1/40, Page 5 wife and he crawled into the house and called the Sheriff; it took 25 minutes for the Sheriff to arrive. They gathered 180 rounds of ammunition they had Shot at he and his family. He said he felt that it felt like Viet Nam. Streubel stated he is tired of his family being in jeopardy. He offered to erect and maintain signs but McMillen Bloedel officials refuse to talk to him about it. It is their land that the shooters arc using. George Mead, 2076 Jefferson Avenue: He has lived in this area for 12 years and has used the Galbraith area for target practice. He hates to see a minority spoil it for the majority who shoot responsibly. He agrees with Yew and Sarnish but not parts of the Galbraith area a few miles further in. He recommended an amendment from the farthest east pipeline west be no shooting and from there east be exempt as there are no houses. Wayne Mead: Has always hunted with his father, son, grandson and even his great grandson; he agrees Paul should not be shot at but wants the area to be from the pipeline west. Public hearing closed. Vanderpol gave testimony from Judy Tilley, Galbraith Lane that she agrees with this no- shooting ordinance; also Patricia Hicks, 1680 Galbraith Lane who rides a horse in the area and frequently runs into shooting. Wayne and Gay Sanders, 1652 Galbraith Lane have bullet holes in their house as do their neighbors. People going to the rifle range have been frightened by those who do not choose to pay the three dollars to go into the rifle range but rather shoot outside of it, The Public Service committee concurred that this needs looking at. IMHOF MOVED TO POSTPONE ACTION OF THIS F OR2 TWO WEEKS AND GET A BETTER MAP SO THE COUNCIL CAN IDENTIFY TlIE AREA INTENDED IN THE NO SHOOTING ORDINANCE. Jackson said she felt this should be dealt with tonight as she is conce.rned about this plan's family. She also said the penalties are inadequate; wiii there be signs be posted and how often will they be maintained. Vander Yacht stated he also thinks this should be dealt with tonight. Laidlaw asked if. Imhof would withdraw his motion; there could be amendments down the road. Imhof withdrew his motion. VANDERPOL MOVED THAT BOW HUNTING BE REMOVED FROM THE ORDINANCE. Laidlaw stated she was against this amendment because you can be just as dead from a bow as you can from a short range weapon. Vanderpol stated that there have been no complaints about bows and he did not want the Council to get too restrictive. Warner said the only thing that saved the Streubel's was the noise the Minutes, 2/1/90, Page 6 guns made. Motion to amendment motion failed with Laidlaw, Vander Yacht, Imhof and Warner against. Motion on the ordinance passed unanimously. Vanderpol stated this is not a road department function to sign this area and it falls more closely under the Sheriffs department. Warner suggested the Council ask the Administration to come forward with an indication of how this ordinance should be executed and if it is necessary to provide funding it be brought forward to the Finance Committee. Jackson asked the committee to look at the penalties and the possibilities of having signs available. Recess from 8 :42 to 8:55 p.m. 1. ORDINANCE REVISING THE 1990 COMBINED TREATMENT SERVICES FUND TO PROVIDE ADDITIONAL APPROPRIATION AUTHORITY ANTICIPATED BY CURRENT EXPENSE FUND CONTRIBUTION (AB 90.33) Warner reported this is simply a sub - allocation of runds and that Finance recommended adoption. WARNER MOVED TO ADOPT THIS ITEM. Motion carried unanimously. 17. ORDINANCE AMENDING ORDINANCE 88 -25 AND THE WHATCOM COUNTY CODE SEC'T'ION 2.02.010, ESTABLISHING REGULAR MEE- ING 'TIMES FOR THE COUNTY COUNCIL (AB 90 -35) Vanderpol reported that Public Service Committee recommended adoption of this item. VANDERPOL MOVED TO ADOPT THIS ITEM. Imhof and Jackson spoke in favor of the ordinance. Motion carried unanimously. 3. ORDINANCE ADOPTING AMENDMENTS TO THE 1986 EDITION Minutes, 2/1/90, Page 7 OF THE SHORELINE MANAGEMENT PROGRAM TEXT AND THE OFFICAL SHORELINES MAP Laidlaw reported that Planning and Development had discussed limiting the scope of what went back to the Planning Commission and that a citizen advisory committee with a balanced membership should be formed to discuss the issues. LAIDLAW MOVED THAT THE COUNCIL APPOINT AN EIGHT TO 12 MEMBER CITIZEN ADVISORY COMMITTEE TO LOOK AT THE FOUR ASPECTS OF THE PLANNING DEPARTMENTS MASTER PLAN INCLUDING DOE'S CONCERNS, THE THREE LOCAL MAP CHANGES, BUILDING AND CODE'S COMMENTS AND CONCERNS EXPRESSED IN THE PUBLIC TESTIMONY HANSEY AMENDED THE MOTION TO READ "OF BALANCED INTEREST GROUPS" AFTER CITIZEN ADVISORY COMMITTEE. Amended motion carried unanimously. Laidlaw discussed the options for choosing members of the citizen advisory committee. LAIDLAW MOVED THAT THE WHATCOM COUNTY PLANNING AND DEVELOPMENT COMMITTEES WORK WITH STAFF, WITH INPUT FROM 'TINE PLANNING COMMISSION, ON RECOMMENDED APPOINTMENTS TO THE CITIZEN ADVISORY COMMIT'T`EE FOR COUNCIL. CONFIRMATION BY THE COUNCIL'S NEXT REGULAR MEETING OF FEBRUARY 15. Jackson felt this was stepping out of the policy making role in working directly with the staff. Warner said the staff would be coming to us to help set policy. Motion carried 6 -1 with Jackson against. The question of paid people with a bias being on the committee was discussed. 1. RECEIPT OF PROPERTY TAX REkUND LIST FROM TREASURER, PURSUANT TO RCW 84.69.020 (MOTION ACCEPTING THE LIST) (AB90 -40) WARNER MOVED APPROVAL OF THIS ITEM. Motion carried 6 -1 with Laidlaw abstaining. 2. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION Minutes, 2/1/90, Page g ON "NORTHERN HEIGHTS," FILED BY PHIL SERKA ON BEHALF OF WHATCOM LANDS, INC. (AB90 -12) JACKSON MOVED DENIAL OF THIS APPEAL. Motion carried unanimously. 3. UPDATE ON SOLID WASTE COLLECTION DISTRICT REVIEW BY WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION Hansey stated this was just receiving the letter from the UTC, dated. JACKSON MOVED THAT WE REQUEST ALL PERTINENT COMMENTS FROM DOE BEFORE FINAL ADOPTION. Motion failed 3 -3 with Imhof abstaining. 4. *RECEIPT OF PETITION REQUESTING; VACATION OF GRAND BOULEVARD, FILED BY GLENN K. JOHNSON, ET. AL. (HEARING TO BE SCHEDULED ON ENGiINEER'S REPORT) (AB90 -41) 5. "RECEIPT OF PETITION FOR CABLE TELEVISION FRANCHISE, FILED BY TELE COMM ASSOCIATES (FOR TOWNSHIPS 37N AND 3$N) (HEARING TO BE SCHEDULED; ORDINANCE TO BE PREPARED BY PUBLIC WORKS) (AB90 -42) ITEMS 4 AND 5 WERE RECEIVED. 1. RESOLUTION ENDORSING JOINT CITY - COUNTY PRODUCTION OF A NEW COMPREHENSIVE PLAN FOR THE URBAN FRINGE SUBAREA (AB90 -43) Laidlaw explained this item. She stated the City and County people have started to work together. The City was agreeable to some County suggestions that included: Transportion issues, growth strategy issues, and date changes. Laidlaw said that the people involved hope to hammer out a new comprehensive plan for the urban fringe subarea. 'T'hp City will reach a decision on February 5 and it will be back for final consideration on before the County Council on February 15, 1990. She said it would be held in committee at this time. 3. RESOLUTION SUPPORTING THE PUGET SOUND WATER QUALITY AUTHORITY AND ITS CONTUINUATION BY THE Minutes, 2/1/90, Page 9 STATE LEGISLATURE Laidlaw and Imhof explained this item. L AIDLAW MOVED TO ADOPT THIS ITEM. Motion carried unanimously. 2. RESOLUTION AUTHORIZING THE ADMINISTRATION TO APPLY FOR FUNDS TO STUDY THE NOOKSACK RIVER IN ORDER TO PLAN AND MANAGE FUTURE USE OF THE WATER RESOURCES OF THE COUNTY AND TO COOPERATE WITH OTHER GOVERNMENTS AND AGENCIES IN FUNDING AND PERFORMING THIS STUDY (AB90 -44) Laidlaw said Planning and Development recommended approval of this item. She stated this did require matching money but seems necessary. Hansey said he would like language stating that everyone involved would help with the match Toney. Taylor said it would come back to the County at a later time; this is a preliminary step. LAIDLAW MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 3a. *ORDINANCE REVISING THE 1990 CURRENT EXPENSE FUND, COUNTY COUNCIL APPROPRIATION THEREIN FOR LEGAL SERVICES (AB 90.45) Item 3a. will be referred to the appropriate committee. ' ` • y ;, 1 • .M.,, ' ' ! -. � . �. � � �Za1i7�C� 111UI_ � Jackson stated that the office has set up a letter on the computer to help us respond to Legislative items in a hurry. The Association of Counties would like individual letters sent this week regarding the law and justice long term funding. Jackson also reported that the Lake Wlhatcorn Watershed Committee had identified some issues to go forward with as follows: regulation gap; enforcement deputy possibilitie .-; increased prosecution; engineering department; and alternative water supplies. She said they discussed investigation of the letter from Brian Boyle to see what aid could come from that. Vanderpol said he appreciated the committee reports. Laidlaw said that at the last Council of Governments meeting a resolution, LA Minutes, 2/1/90, Page 10 introduced by Nlatt`Lagerwey, had been passed for a State and local action to acquire aquatic,gravei imn�ng in the Nocsksack Rawer. At Planning and Development, Art Castle dastnbiated _some Yterature on affordable housing. Iinlaof :std :that ;tile Council had been invited to the Homelbuilder's Dinner on