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HomeMy WebLinkAboutCounty Council January 18 1990WHATCOM COUNTY COUNCIL Thursday, January 18, 1990 The meeting was called to order by Council Chairman Don Hansey at 7:05 p.m. Also present were: Robert Imhof Emily Jackson Dennis Vander Yacht Dan Warner Margaret Laidlaw Marvin Vanderpol READING AND APPROVAL OF MINUTES The minutes of the December 7, 1989 meeting were approved as presented. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION TO OBTAIN NINE MID -SIZE FOUR DOOR SEDANS TO LOW BIDDER, DIEHL FORD, NINE FORD TEMPOS AT $9,510 EACH (AB 90 -19) Warner reported that Finance had recommended approval to the Council. WARNER MOVED THAT THIS ITEM BE APPROVED. Motion carried. 2. REQUEST TO ENDORSE THE ACCEPTANCE OF PROPERTY ALONG LAKE WHATCOM FOR THE USE BY THE PARKS DEPART- MENT (AB 90 -20) Van Zanten explained the generous donation by Mr. and Mrs. Robert Brown of land to the County Park and Recreation Department so that trail users could gain access to waterfront property and use this as a resting or picnic spot. Warner reported that Finance had recommended approval to the Council. WARNER MOVED THAT THE WHATCOM COUNTY COUNCIL ENDORSE THE ACCEPTANCE BY THE WHATCOM COUNTY PARK AND RECREATION DEPARTMENT OF THREE LOTS OF LAND LOCATED ON LAKE WHATCOM. ON BEHALF OF THE PEOPLE OF WHATCOM COUNTY, WE EXPRESS OUR APPRECIATION TO MR. AND MRS. BROWN FOR THEIR GENEROUS GIFT WHICH WILL. CONTRIBUTE TO THE FUTURE RECREATIONAL AND AES- THETIC PLEASURE OF THE PEOPLE OF WHATCOM COUNTY. Council Minutes, 1/18/90, Page 2 Motion carried. 3. BID AWARD RECOMMENDATION FOR BRIDGE END PROTEC- TION, VARIOUS COUNTY BRIDGES, TO THE LOW BIDDER, PETERSEN BROTHERS, INC., OF SUMNER, WASHINGTON, IN THE AMOUNT OF $218,232.00, INCLUDING ALL TAXES (AB 90 -22) Van Zanten explained this item. Warner reported that Finance recommended this be approved. WARNER MOVED THAT THIS ITEM BE APPROVED. Motion carried. 4. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT WITH HLA /HARPER OWES FOR DETAILED SITE EVALUATION AND EIS PREPARATION FOR THE LANDFILL SITING PROJECT (AB 90 -21) Van Zanten explained that the main investigation will be on the Cherry Point site that is owned by the State and administered by the Department of Natural Resources. It is required that a minimal investigation be carried out on the two alternate sites for comparison. She discussed the scope of work and said that the maximum that can not be exceeded is $485,997. The consultants must bill each month to the Public Works Department for the work that they have completed; they are only paid for work that is done. Vanderpol said that this item was received in Public Service but that committee has left it to Finance to bring forward. Warner reported that Finance spent a great deal of time on this item and stated that they had questioned several items such as word processing at $38 per hour. The Finance committee recommends approval to the Council. WARNER MOVED THIS ITEM BE APPROVED. Imhof said he does not feel comfortable with this request because of the large increase over the initial estimate of costs of $362,000 and would like more time for further review. Jackson asked if the Finance Ccmrnittee had gone over what was done in the initial phase. Van Zanten explained that the consultants have come in under budget on Phase I and it is hoped that the same thing will happen in Phase H. Laidlaw would like to have comparisons to other siting projects. Vander Yacht said he would like more inforr_natlon and would like to take it under auvisernen.t. Jackson asked if some of the work could be done in -house such as land use assessment, traffic and transportation assessment, aesthetic assessment, utility assessment and even the impacts on birds and mammals may be able to be determined by Planning. Warner said that County staff is busy as well and their services are not free. He stated there are residents who are concerned about the so -called incestuous relationship the County has with Harper and Owes. The people who feel the consultant is biased would very likely feel that County workers were also biased. Warner said he was concerned about the proposed cost for a public hearing. Van Zanten urged Council to give careful thought Council Minutes, 1/18/90, Page 3 to the type of project the County is involved in; the County does not have the type of experts needed for this very technical process. There are only a handful.of people with this expertise in the State of Washington. Every department in this County is overworked and more cannot be asked of them. Vanderpol spoke about the public hearing saying that the cost of having five or six people here for four or five days would soon run into those figures; he also said it is normal procedure for firms to charge three times the salary for staff they contract out to others. Warner said he is concerned with delaying this any further because the project is behind at this time. IMHOF MOVED TO DEFER ACTION FOR TWO WEEKS. Motion failed with Warner, Hansey, Vanderpol and Laidlaw against. Warner said he would like the concerns that members have to be brought forward to the Administration for review. Van Zanten said she would start on cost comparisons and nature of work. Laidlaw said she understood that a vote for this item is not for a dollar amount and this was verified. Motion carried with Vander Yacht, Imhof and Jackson against. 6.. REAPPOINTMENT OF SHARON CRAWFORD TO THE DEVELOP - MENTAL DISABILITIES BOARD TO A FIRST, FULL THREE -YEAR TERM FROM 1/1/90 TO 12/31/92 (AB 90 -24) 7. REAPPOINTMENT OF DAVID CHARLESTON TO DEVELOPMENTAL DISABILITIES BOARD TO A FIRST, FULL THREE -YEAR TERM FROM 1/1/90 TO 12/31/92 (AB 90 -24) 8. NEW APPOINTMENT OF DAN DONELSON TO THE DEVELOPMEN- TAL DISABILITIES BOARD TO A FIRST, FULL THREE -YEAR TERM FROM 1/1/90 TO. 12/31/92 (AB 90 -24) 9. REAPPOINTMENT OF THELMA PIERRON TO THE MENTAL HEALTH ADVISORY BOARD TO A SECOND, FULL THREE -YEAR TERM FROM 1/1/90 TO 12/31/92 (AB 90 -24) WARNER MOVED THAT ITEMS 6 THROUGH 9 BE APPROVED. Motion carried unanimously. 10. EXECUTIVE'S REPORT. Van Zanten handed out three reports. The first report is Growth Strategy for Washington that comes from a conference earlier this year and ties in with what is happening in the State Legislature right now in terms of the bill on Growth Management that King has introduced and the suggestions of the Washington Environmental Council. The Planning Department could enlarge on this issue if, there are questions. 1 J Council Minutes, 1/18/90, Page 4 The second report was Solid Waste report including the year -end report given by regarding waste reduction and recycling. This also includes the packet of information in to the Health Department regarding the closure of Cedarville Landfill. The last handout was the report from Building and Codes. In 1989 we permitted just under $75 million worth of construction in the unincorporated area of Whatcom County. Jackson gave a short report on Lake Whatcom Watershed Committee stating they had been working on making the City and County regulation (Exact nature of work not clear - tape garbled) There was a unanimously passed motion that because the County will be hiring a person as Watershed Coordinator, the committee has asked that a member of the Watershed Committee take part in the screening process for the evaluation of the applicants. JACKSON MOVED THAT THE WHATCOM COUNTY COUNCIL REQUEST THE ADMINISTRATION TO ALLOW A MEMBER DESIGNATED BY THE LAKE WHATCOM WATERSHED COMMITTEE TO SIT ON THE SELECTION COMMIT- TEE IN AN ADVISORY CAPACITY. Motion carried. SPECIAL PRESENTATION WATERSHED MANAGEMENT IN WHATCOM COUNTY -- BOB MOORE, CHAIRMAN, LAKE WHATCOM WATERSHED COMMITTEE (AB 90 -25) Moore gave an presentation on watershed management in this County. He said that watersheds are important; water is a finite and limited resource. There hasn't been a serious problem in this area but care must be taken about the quality and quantity of the water supply. The new comprehensive sewer and water plan addressed purveyance not supply. He discussed the hydrologic cycle. The success of management programs will depend on cooperation and education. Solutions often occur with a change in community member's behaviors. Moore said that two things were needed in the role of government cooperation; one is being addressed by hiring a watershed coordinator; the second is that the County needs a watershed management planning ordinance. Moore said that the City of Bellingham has undertaken an education program and has employed Sue Weber from Whatcom Community College to manage this grant; Moore asked Weber to give a short overview of the program. Weber said that the program is composed of eight components as follows: Information pamphlets; list of speakers and resource people; watershed slide program; creating a display for Lynden fair, schools, etc.; materials folders for third graders, sixth graders and adults; distributing directories; scheduling and presenting materials; and having displays at recreations sites at Bloedel Donovan, Sudden Valley and the boat ramp at Lake Whatcom. Weber stated that public education is the vital component in making watershed management work. Laidlaw said the City has passed an ordinance on drainage and erosion. She asked Moore if the County planned to get one in place. Moore stated that this was the { Council Minutes, 1/18/90, Page 5 cause of some City /County problems. Jackson said this is in almost final stages in the Department of Public Works, Building and Codes. OPEN SESSION John Leibrant, Henry Street: Happy to see three vote against giving Harper and Owes the contract and thinks the other four should smarten up and hire a new consultant who knows what he is doing. Barbara Brenner, 5617 Northwest Road: Regarding the Medical Waste Initiative - she wished to mention why Whatcom County should hire Riddell, Williams, Bullitt and Walkinshaw. As Shirley Van Zanten mentioned, all County departments are overloaded. Randy Watts said publicly that the most vigorous defense of this ordinance would be this law firm. They have a lot invested in this issue and no -one else do as much justice to it. This firm has had three people working on this for over a year. Riddell Williams is one of the top ten law firms in the State and one of the top three solid waste in the State. As Moore said, if you get community support, you get results. By working together, this can be resolved. Art Hyatt, 2318 North Shore Road: He stated that Dr. James has concerns about water quality. Hyatt refuted Jack Garner's statement that anything can be treated; he said that urbanization is the greatest threat to water quality. The filtration methods. is excellent but it cannot filter heavy metals or organics. We must protect . bur water supply. Fred Miller, 3229 North Shore Road: Appreciated Bob Moore's comments. The County Council can solve some of these problems now; please don't wait for other agencies to take a stand. A drive out in the County will show you the clear cuts; these are things that cannot be turned around. Timber harvests are happening at about two and a half to three times the sustainable rate in the watershed. Development often follows timber applications; recently an application was taken out for 10 acres but 20 acres were harvested. Now that area is platted for houses and it is within 300 feet of the City's main intake. The Friends of Lake Whatcom has met with Brian Boyle and Jennifer Belcher in Olympia and he has offered a pilot project. This is a significant offer and one Whatcom County cannot afford to turn down. Please contact Brian Boyle and get this pilot project going. Miller said that there is a need for a clearing ordinance. Miller urged the Council to get involved; policies can be established that will provide for enforcement against violators in the watershed. Dusty Anderson, 2929 Goshen Road: Regarding the medical initiative, at the last meeting Randy Watts said that an action would take place on the fifth; nothing took place on the fifth as it was just a filing deadline. Signatures were so easily obtained for this. initiative; 98 percent of the people approached signed willingly. When the Council decided to adopt the initiative as an ordinance the public thought that the Council was doing this because it knew it would pass on the ballot and that it would be more expedient to adopt and challenge it legally. The challenge did not happen; now it has become law and there is an indefinite injunction against it. It appears that the Council has circumvented the voters' intent. Doing this presents a danger to the initiative Council Minutes, 1/18/90, Page 6 process. Anderson would like to see a reprimand or apology from Randy Watts on this issue to assure the voters that this sort of thing is not going to happen every time someone begins an initiative process. Open Session closed. OTHER BUSINESS 1. UPDATE ON MEDICAL WASTE INITIATIVE /ORDINANCE (AB 90- 26) Haney said there was a fax from Riddell Williams. Watts said that he had sent his memo to Paul Kuntz to make sure everything in his memo was correct. He stated that Kuntz has given a ballpark figure of $5,000 to cover his costs. Any travel that he would need to make outside of western Washington would require pre - approval. Watts does not see any conflict of interest, but Kuntz has said if a conflict occurred, he would leave the County and continue to represent Safe Waste Management Now. Warner said it appeared to be a good offer. Jackson said this firm has done a great deal of research on this issue. JACKSON MOVED THAT THE COUNTY ASK RIDDELL WILLIAMS TO REPRESENT THE COUNTY ACCORDING TO THE TERMS OF THE LETTER OF 1/18/90. Watts stated that McEachran will have to deputize Paul Kuntz. There was some discussion about the necessary funding and its source. Motion carried unanimously. 2. *RECEIPT OF OPEN SPACE APPLICATION FILED BY DAVE BER AND LINDA VANDER HOUWEN (WILL BE REFERRED TO PLANNING COMMISSION) (AB 90 -27) 3. *RECEIPT OF OPEN SPACE APPLICATION FILED BY RONALD K. CRUTCHER (WILL BE REFERRED TO PLANNING COMMISSION) (AB 90 -28) 4. *RECEIPT OF OPEN SPACE /TIMBER APPLICATION FILED BY WATTS FAMILY PARTNERSHIP (WILL BE REFERRED TO PLANN- ING COMMISSION) (AB 90 -29) Items 2, 3 and 4 were received by Council. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 99120 AND THE CONTRACT AWARD FOR CONSTRUCTION OF BRIDGE END PROTECTION, VARIOUS COUNTY BRIDGES (AB 90 -22) [SEE ITEM 4 UNDER EXECUTIVE ITEMS] G Council Minutes, 1/18/90, Page 7 WARNER MOVED TO APPROVED THIS ITEM. Motion carried unanimously. 2. RESOLUTION SETTING A POLICY FOR SUBSTITUTING 1 -1/2" ASPHALT OVERLAY IN LIEU OF COUNTY STANDARD CHIP SEAL APPLICATION (RELATES TO THE "ROEDERLAND" DISCUSSIONS) (AB 90 -30) Vanderpol reported that Public Service recommended approval to Council. VANDERPOL MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 3. RESOLUTION FIXING A TIME AND DATE FOR A HEARING ON THE FIXING OF A TAX RATE FOR THE SOLID WASTE DISPOSAL EXCISE PRIVILEGE TAX BY THE WHATCOM COUNTY SOLID WASTE DISPOSAL DISTRICT PURSUANT TO COUNTY ORDINANCE 90 -1 AND INTERLOCAL AGREEMENTS BETWEEN WHATCOM COUNTY AND CITIES AND TOWNS LOCATED WITHIN WHATCOM COUNTY (AB 90 -31) 1990. VANDERPOL MOVED THIS HEARING TAKE PLACE ON FEBRUARY 15, LAIDLAW AMENDED THE MOTION TO STATE THAT IT SHOULD BE ADVERTISED IN THE BELLINGHAM HERALD AS WELL AS THE OFFICIAL COUNTY NEWSPAPER. Amendment carried unanimously. Motion carried unanimously. 4. *ORDINANCE REVISING THE 1990 COMBINED TREATMENT SERVICES ANTICIPATED BY CURRENT EXPENSE FUND CON- TRIBUTION (AB 90 -33) 5. *ORDINANCE PROVIDING FOR THE LEVY AND COLLECTION OF AN EXCISE TAX FOR DISTRICT PURPOSES, AS PROVIDED FOR IN RCW 36.58.140 AND ORDINANCE NO. 90 -1 (AB 90 -34) 6. *ORDINANCE AMENDING ORDINANCE 88 -25 AND THE WHATCOM COUNTY. CODE SECTION 2.02.010, ESTABLISHING REGULAR MEETING TIMES FOR THE COUNTY COUNCIL (AB 90 -35) 7. *ORDINANCE AMENDING TITLE 24 (HEALTH REGULATIONS) (AB 90 -36) _1 WHA -IUOM (,C N`1'Y, WASH1NUIUN G. Hg sey, Chai