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HomeMy WebLinkAboutCounty Council March 13 1990WHATCOM COUNTY COUNCIL March 13, 1990 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey. Other members present: Absent Dan Warner None Bob Imhof Emily Jackson Dennis Vander Yacht Marge Laidlaw Marvin Vanderpol SPECIAL PRESENTATION STATE DEPARTMENT OF HEALTH REPORT - "CEDARVILLE COMMUNITY HEALTH SURVEY" (AB90 -74) Dr. James introduced Frank Westrum, Carl Sagerser and Don Oliver of the State Health Department. Westrum said the survey was initiated because some residents of that area were concerned that there were health hazards in the area. Dr. Lorizano and Westrum had a meeting with the residents and determined the concerns warranted a survey. Six hundred residents of the community were asked to fill in a survey; 240 returned the forms. Westrum described the kinds of questions asked. Westrum explained the term "risk." The risk of a person developing a symptom who has been exposed as compared to those who are not exposed. He gave a description of how the results were measured. The symptoms asked about were vomiting, diarrhea, breathing, rash, cold or flu, fungus, yeast, headaches, eye irritations, mental dullness or confusion, and miscellaneous others. The conclusion reached is that there is a greater reporting of some adverse health symptoms in the residents living around the Cedarville landfill than in the population living further away. Overall, there is no statistically significant increase in adverse health symptoms in the Cedarville area. The reported health problems could be caused by the following: The Cedarville landfill; the agricultural activities in the area; the heavy equipment maintenance activities; poor water quality resulting from localized bacterial contamination of the shallow aquifer; diminished air quality due to the valley setting; and even increased stress from environmental concern. Jackson asked if the State Health Department -has conducted other studies showing whether smoking would influence this study. Smoking does increase bladder cancer so would obviously cause infections, replied Westrum. Jim Maricle, 3326 Cedarville Road: Regarding bias of well water in control area and Cedarville area, these water supplies are the same; both come from Nugent's Corner bridge area. Westrum Minutes, 3/13/90, Page 2 said it would take a much larger study to determine this. The cost to the State Health Department of the study probably is $25,000 to $50,000 so far. John Liebrant, formerly of Cedarville area: Why is mental confusion three times greater in this area? Westrum said it could be from many reasons such as valley atmosphere, stress, etc. Jackson asked if these results are typical to other studies? Westrum said these are typical of other landfill studies in the United States. This type of study does not identify definitive answers, just large areas that will lead to further study. Jim Maricle, 3326 Cedarville Road: A large part of the control is from people who get their water from the same source so there will not be a great difference. He said the people who get their water from the same source should be taken out. Jackson asked if there was a control done on people using bottled water: Westrum said there was not. A much larger study would have to be undertaken to cover these parameters. Dr. Susan Cook, formerly of the Cedarville area: Stated a further bias as there was no consideration of people who were near other old dumps. When she lived there, different effects were noticed and she has reported this to the State, the Executive and the Council. She said Warner always says, "You people are so strange," but when you are fighting off the effects of these chemicals you do act strange. Her symptoms and Liebrant's symptoms are real. Why is there no mention of chemical sensitivities? Westrum said that the Y Road dump area was removed. Multiple sensitivity syndrome was considered but this type of study does not have room for considering these issues. EXECUTIVE ITEMS 1. 2. 3. 4. BID AWARD RECOMMENDATION FOR ONE HALF -TON 4X2 PICKUP TRUCK TO LOW BID, STATE BID OPTION FROM BBC DODGE, FOR $9,958.89, PLUS TAX (AB90 -75) BID AWARD RECOMMENDATION FOR TWO HALF -TON 4X4 PICKUP TRUCKS TO LOW BID, STATE BID OPTION FROM BBC DODGE, FOR $23,190.38 PLUS TAX (AB90 -76) BID AWARD RECOMMENDATION FOR THREE 3/4 TON PICKUP TRUCKS TO THE LOW BIDDER GMC TRUCK CENTER, FOR $31,953.33 PLUS SALES TAX (AB90 -77) BID AWARD RECOMMENDATION FOR ONE EXTENDED CAB 4X4 SMALL PICKUP TRUCK TO LOW BIDDER, GMC TRUCK CENTER, FOR $11,724.00 PLUS TAX (AB90 -78) 4. i Minutes, 3/13/90, Page 3 Warner reported that Finance recommended approval of items 1- WARNER MOVED TO APPROVE THESE ITEMS. Motion carried unanimously. 5. BID AWARD RECOMMENDATION FOR A SEVEN- PASSENGER MINI -VAN TO LOWEST RESPONSIVE BIDDER, JERRY CHAMBERS CHEVROLET, FOR $16,588.26 INCLUDING TAX (AB90 -79) Van Zanten said this was funded in the 1990 budget for the Sheriff's Department. The low bid did not have front wheel drive so they are recommending the lowest responsive bidder. item. Warner reported that Finance recommended approval of this WARNER MOVED THIS ITEM BE APPROVED. Motion carried. 6. BID AWARD RECOMMENDATION FOR CONSTRUCTION OF LYNDEN PTA CONCESSION BOOTH AT THE NORTHWEST WASHINGTON FAIR TO LOW BIDDER, STRENGHOLT CONSTRUCTION CO., INC., FOR $42,419.30, WITH TAX (AB90 -80) item. Warner reported that Finance recommended approval of this WARNER MOVED THIS ITEM BE APPROVED. Motion carried. 7. BID AWARD FOR FOOD SERVICE SUPPLIES FOR THE JAIL (AB90- 81) item. Warner reported that Finance recommended approval of this WARNER MOVED THIS ITEM BE APPROVED. Motion carried. 8. BID AWARD FOR STRUCTURAL OVERLAY OF HANNEGAN ROAD TO LOW BIDDER, WILDER CONSTRUCTION CO., INC., FOR $447,790.00 (AB90 -82) (SEE ALSO ITEM 2 UNDER INTRODUCTION) Warner reported that Finance recommended approval of this item. WARNER MOVED THIS ITEM BE APPROVED. Minutes, 3/13/90, Page 4 Motion carried. 9. BID AWARD RECOMMENDATION FOR RECONSTRUCTION OF BENNETT DRIVE TO LOW BIDDER, WILDER CONSTRUCTION CO., INC., FOR $1,517,411.73 (AB90 -83) (SEE ALSO ITEM 1 UNDER INTRODUCTION) item. Warner reported that Finance recommended approval of this WARNER MOVED THIS ITEM BE APPROVED. Motion carried. 10. REQUEST FOR AUTHORIZATION TO WAIVE BID REQUIREMENT AND ENTER INTO A FIVE -YEAR AGREEMENT WITH IBM FOR COMPUTER MAINTENANCE (AB90 -84) Held in committee. 11. REQUEST FOR AUTHORIZATION TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN CITY OF BELLINGHAM AND WHATCOM COUNTY TO PROVIDE FOR A JUVENILE JUSTICE FACILITY IN THE CIVIC CENTER AREA (AB90 -85) Warner impressed with the good will exercised by both sides in this issue. City is relinquishing easements and City will reinstall utility lines for Library. Swap of some lands; considerable negotiations for parking arrangements. Rushing came up with a solution by saying he will provide parking as the building is finished. Committee expressed appreciation for the work done on this task. WARNER MOVED THIS ITEM BE APPROVED. Motion carried unanimously. 12. REQUEST TO RELEASE APPROPRIATIONS RESTRICTED UNDER PROVISO J OF ORDINANCE 89 -105, THE 1990 COUNTY BUDGET (AB90 -86) Van Zanten said the ending fund balance is $3.6 million with $2 million encumbered. The 1.6 million will have to pay off union contract and anything that might come up during the year. Filling the additional Sheriff's deputy is the most urgent. Items 2 and 3 will not come up until later in the year and item 4 will cost less than $10,000. Warner reported Finance recommended approval of this item. Minutes, 3/13/90, Page 5 WARNER MOVED THE APPROPRIATIONS RESTRICTED UNDER PROVISO J OF ORDINANCE 89 -105, THE COUNTY BUDGET BE RELEASED. Motion carried unanimously. 13. REQUEST FOR APPROVAL OF THE FINAL REVISED COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN FOR WHATCOM COUNTY (AB90- 87) Van Zanten explained the revised comprehensive solid waste management plan for Whatcom County. She distributed a resolution that she requested be passed at this meeting. The solid waste management plan is all incorporated in one final document. Dick Ford, Attorney from Preston, Thorgrimson explained the changes in the document since the July version. First group of changes are recognition of reality: Cedarville is closed; long haul is in place; and the Muenscher landfill is in place. The section on recycling and composting have been extensively beefed up. Ford explained how rates would be assessed (per can) and how it encouraged waste reduction. He explained the new rate structure; one can a month would cost one quarter the amount of four cans. Most of the changes were to clarify and purify the language, said Ford. Jackson asked about the linear can rate. If one can was $1 would 15 cans be $15; Ford replied yes. Jackson said if the County wants to encourage waste reduction, it should weight the cost to reward the reduced usage. It was clarified that the on page 210, under private facilities, the 200,000 cubic yards for Muenscher landfill refers to total capacity. Vanderpol said he agreed with Jackson that the intention was to reward the person who recycled and reduced their number of cans. Laidlaw asked if a rate change could handle different size cans? Ford agreed to insert "variable size or volume" into the document. Warner said the County should not get too punitive; it can be changed down the road if it is deemed necessary. Ford said the recycling stage would be brought up in 1992 again and at that time it could be assessed whether a rate change was in order. VANDERPOL MOVED TO AMEND THE PLAN TO STATE THE CHARGE FOR ANY ADDITIONAL CAN AFTER THE FIRST CAN WOULD BE 125 PERCENT OF THE FIRST CAN CHARGE. Motion to amend carried unanimously. Jackson noted the section stating if the franchise haulers were not doing the job in an acceptable manner, the County may at its option contract these services. Do haulers have an obligation to divulge their rates? Ford said the data is available. The haulers have the right to go to the UTC and ask for a raise but it would be up to the Administration to check on whether the haulers have asked for adjustments. Laidlaw asked about page 14, cost of Minutes, 3/13/90, Page 6 composting. Weiss explained this issue and said Bellingham's project is only a pilot project. IMHOF MOVED TO APPROVE THIS RESOLUTION WITH THE UNDERSTANDING TITE PLAN WILL BE ACCEPTED AS AMENDED. Motion carried unanimously. 14. EXECUTIVE'S REPORT Van Zanten distributed the Solid Waste Activity Report. There will be three workshops in the Rome Grange on March 19, Lynden City Hall on March 21, and Custer Elementary School on March 22. Van Zanten stated that a 20 page tabloid will be published in the Bellingham Herald, the Westside Record Journal and the Lynden Tribune March 29th. Cedarville draft closure plans are progressing well. Less recyclables are being taken to Cedarville. than expected; most residents are going directly to TRC. Imhof asked if the local option was left on; Ford said it was. A new version of an ordinance providing for levy of solid waste disposal tax was handed out. OPEN SESSION Ben Hinkel, North Shore Road: Populist Party. Upset about the solid waste tax. Six different groups will benefit from this and the people of Whatcom County will pay. He said it has been clearly demonstrated that the Home Rule Council is unresponsive to the people's needs. What is the justification for this monumental ripoff? Warner said the County closed the dump and now must do something with the garbage. Hinkle said it wasn't done because of the Council's inefficiency. Hansey said the Council is trying to do the best thing for the people of Whatcom County. Hinkle asked why Olivine isn't being given some of this garbage to incinerate. Ray Reyer, Enterprise Road, Ferndale: Protested the need to have a garbage can once a month when he takes garbage to the dump only once a year. If he has to pay, it will be full, said Reyer. Amos Heacock, 1534 Gulf Road, Point Roberts: Lived there since 1955; acquired a piece of property for commercial use. He wrote Taylor to say he was the only house on Gulf Road not in commercial. Planning Commission changed 10 properties to Commercial. Mr. Heacock was away in Alaska and was not notified of the time when he could have appealed. He is coming here to appeal that the Council take care of this perhaps by referring it back to the Planning Commission. Bernie Hilgard, 6160 Everson Goshen Road: Regarding the taxation and pick -up of waste, Hilgart said he believes the revenues should be collected on the tipping fees, then inert and demolition facilities and others would be paying their fair share. z Minutes, 3/13/90, Page 7 Politically taxes are not popular. The County needs to get better laws for enforcement of trash burning. Jim Marlowe, Academy Road: Urges Council to vote down the Academy Road R.I.D. Barbara Brenner, Northwest Road: Agrees with Vanderpol about his amendment to the Comprehensive Solid Waste Management Plan. She suggested the County check with Seattle to see if their fees have caused midnight dumping. Brenner spoke of the conference on growth at Western Washington University on April 28 and urged Council members to participate. Bruce Sherman, Academy Road: Not opposed to neighbors building on their property; opposed to the magnitude of the project and would like more information on the effect on the watershed. Sherman wishes the residents had started by trying to iron out differences so there would be no divisiveness. Open session closed. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE PROVIDING FOR LEVY OF SOLID WASTE DISPOSAL TAX (AB90 -34) (INFORMATION ALREADY RECEIVED) WARNER MOVED ADOPTION OF THIS ORDINANCE. Ford pointed out the changes that would be made on this document. Warner said only the waste hauled to the Muenshcer landfill by certificated and franchised haulers would be subject to the tax. Jurica' Solid Waste Divison, said it was 70/30 by non - certificated haulers. Jackson asked if the tax could be changed to tax private haulers? Ford said we would have to change the underlying ordinance. Laidlaw asked if there was a way to deal with private haulers with the 125 percent increase. There is no law on the books that provides for this, stated Ford. Imhof questioned the exemptions in the ordinance that was sent to UTC before. Ford said he thinks it is a modest amount not being covered. He said the County could negotiate with the private landfill owners. Hansey said to strike "Solid Waste Disposal District" above the ordinance number on the ordinance. Motion carried 6 -1 with Jackson opposed. 2. ORDINANCE AMENDING TITLE 24 (COUNTY HEALTH REGULATIONS) (AB90 -36) WARNER MOVED ADOPTION OF THE ORDINANCE. Minutes, 3/13/90, Page 8 Vander Yacht said he had discussed this with the Health Department; his previous concerns were answered and he will support the motion. Motion carried unanimously. 3. ORDINANCE AMENDING THE ZONING CODE REGARDING INCREASED SQUARE FOOTAGE FOR RETAIL USES IN THE GATEWAY INDUSTRIAL ZONE (AB90 -58) Laidlaw said Planning and Development recommended approval of this item. LAIDLAW MOVED THAT THE COUNCIL HOLD ITS OWN PUBLIC HEARING ON THE TEXT AMENDMENT ON SIZE FROM 2,500 AND 35,000 SQUARE FT AT THE EARLIEST POSSIBLE TIME. Warner said he would prefer to discuss this at a Committee of the Whole meeting but Taylor said that state law requires the Council to either have a public hearing or remand it. Jackson asked if the Council did remand it to the Planning Commission, when would it come up? Taylor said it would be April 20th and be back here in May. Motion carried unanimously. 4. ORDINANCE AMENDING ZONING CODE, ALLOWING GOLF COURSES AND RELATED COMMERCIAL USES IN UR AND LII ZONES (AB90 -57) LAIDLAW MOVED APPROVAL OF THIS ITEM. Motion carried unanimously. 5. ORDINANCE REVISING THE AMOUNT AUTHORIZED FOR THE HEALTH FUND PETTY CASH ACCOUNT (AB90 -53) Warner reported Finance recommended approval of this item. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 6. ORDINANCE REVISING THE AMOUNT AUTHORIZED FOR PURCHASING DEPARTMENT PETTY CASH FUND (AB90 -54) Warner reported Finance recommended approval of this item. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 7. ORDINANCE REVISING THE PARKS AND RECREATION FUND Minutes, 3/13/90, Page 9 APPROPRIATION FOR PASS THROUGH CAPITAL CONTRIBUTION (AB90 -55) Warner reported Finance recommended approval of this item. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. 8. ORDINANCE REVISING THE EMERGENCY MANAGEMENT FUND APPROPRIATION FOR PURCHASE OF TELEPHONE SYSTEM (AB90 -56) Warner reported Finance recommended approval of this item. WARNER MOVED TO APPROVE THIS ITEM. Motion carried unanimously. OTHER BUSINESS 1. ACADEMY ROAD R.I.D. (AB90 -39) Vanderpol explained this issue. The Public Service Committee recommendation was for the residents to get together as a group to discuss the issues then come back with a more equitable solution. Watts said this follows State Law; the Council can pass it or turn it down. Historically R.I.D.'s have passed but that is not necessarily what is required. Imhof mentioned the vote breakdown. Warner said there are things to be said both for and against the R.I.D. There is a difference between this and any the County has had in the past; there have never been people opposed before and most R.I.D.s were in industrial zones. Warner's concern is for those who are upset about the costs and he agrees with Vanderpol that the owners should get together to try to develop a fair solution. Jackson questioned whether a finding of fact would be required if we turn this down and asked Henken if applicants for building permits are being turned down. Henken said that applicants get a trail permit and sign a no protest agreement. Jackson asked if the scale of the road is the problem; how would the vote be triggered again? She favors the committee's concept but it needs to be less vague. A court cannot prosecute a discretionary act, stated Watts. Watts also said that the owner has the right to put in a road by himself but not many could afford this. Vander Yacht said Public Services is prepared to deal with this when it is more comfortable with the end costs. Jackson asked if the ten years is up for those who have signed "no protest" agreements before this is decided, will that make a difference. Watts said the vote would stand as it has been taken. Vanderpol suggested this be kept for 60 days. Watts said a new engineering project and new costs would be r.equired if the process was started over. Minutes, 3/13/90, Page 10 VANDERPOL MOVED TO REFER THIS BACK TO PUBLIC SERVICES WHEN THE OWNERS HAVE CONVENED AND OFFERED SOLUTIONS. Motion carried 5 -2 with Imhof and Laidlaw opposed. 2. *RECEIPT OF HEARING EXAMINER DECISION APPEAL FILED BY GREGORY MUMFORD, ALDRICH ROAD (ON FILE PENDING RECEIPT OF TRANSCRIPT) (AB90 -88) This item was received. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NUMBERS 99158 AND 99174 AND THE AWARD OF THE CONTRACT FOR THE RECONSTRUCTION OF BENNETT DRIVE MP 0.00 TO MP 1.23 (SEE EXECUTIVE ITEMS) (AB90 -83) Passed under Executive Item 9. 2. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NUMBER 99190 AND THE AWARD OF THE CONTRACT FOR THE STRUCTURAL OVERLAY OF HANNEGAN ROAD (SEE EXECUTIVE ITEMS) (AB90 -82) Passed under Executive Item 8. 3. RESOLUTION SETTING A HEARING DATE FOR DECLARING A WELL AND RELATED IMPROVEMENTS IN ACME, WASHINGTON, SURPLUS PURSUANT TO RCW 39.33.020 (AB90 -89) 4. RESOLUTION SETTING A HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NOS. 25, 26, 29, 32, 33, 34 (AB90 -90) 5. RESOLUTION SETTING A HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 28 (AB90 -91) 6. RESOLUTION SETTING A HEARING ON SALE OF COUNTY - OWNED PROPERTY, REQUEST NO. 35 (AB90 -92) Warner reported Finance recommended approval of items 3 -6. WARNER MOVED THESE ITEMS BE APPROVED. Motion carried unanimously. 7. RESOLUTION AUTHORIZING THE PROSECUTING ATTORNEY'S Minutes, 3/13/90, Page 11 OFFICE TO SEEK A PETITION IN SUPERIOR COURT TO AUTHORIZE THE TRANSFER OF PUBLIC RIGHT -OF -WAY FOR PRIVATE PROPERTY OF EQUAL VALUE (AB90 -93) Warner reported Finance recommended approval of this item. WARNER MOVED APPROVAL OF THIS ITEM. Motion carried unanimously. 8. *ORDINANCE ESTABLISHING THE WHATCOM COUNTY FINANCIAL MANAGEMENT COMMITTEE (AB90 -94) (FINANCE) 9. *ORDINANCE REVISING CURRENT EXPENSE FUND, EXECUTIVE OFFICE APPROPRIATION, FOR FINANCIAL MANAGEMENT COMMITTEE PURPOSES (AB90 -95) (FINANCE) 10. *ORDINANCE REVISING THE CURRENT EXPENSE FUND, NON - DEPARTMENTAL APPRO- PRIATION THEREIN FOR ANIMAL CONTROL PURPOSES (AB90 -59) (FINANCE) 11. *ORDINANCE REVISING THE 1990 PARKS AND RECREATION FUND APPROPRIATION FOR STATE REIMBURSEMENT FOR FLOOD DAMAGE (AB90 -96) (FINANCE) 12. *ORDINANCE RE- ESTABLISHING THE DRUG TASK FORCE FUND AND APPROPRIATION THEREFORE (AB90 -97) (FINANCE) 13. *ORDINANCE REVISING THE 1990 CURRENT EXPENSE FUND, BUILDINGS AND CODE ADMINISTRATION BUDGET THEREIN (AB90 -98) (FINANCE) 14. *ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO TELECOMM ASSOCIATES ... (FOR A) CABLE COMMUNICATION SYSTEM WITHIN SPECIFIED AREAS OF THE COUNTY (SOUTHERN AREA) (AB90 -42) (HEARING SCHEDULED FOR APRIL 10) 15. *ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO COUNTRY CABLE, INC. ... (FOR A) CABLE COMMUNICATION SYSTEM WITHIN SPECIFIED AREAS OF THE COUNTY (SOUTHERN AREA) (AB90 -49) (]HEARING SCHEDULED FOR APRIL 10) 16. *ORDINANCE AMENDING ZONING ORDINANCE TEXT, MODIFYING SECTION 20.80.220 REGARDING THE REVERSAL OF SETBACKS IN THE SHORELINE AREA (PLANNING & DEVELOPMENT) (AB90 -99) Minutes, 3/13/90, Page 12 17. *ORDINANCE AMENDING THE URBAN FRINGE COMPREHENSIVE PLAN, CHANGING A 2.3 ACRE PARCEL AT THE SOUTHWEST CORNER OF HANNEGAN ROAD AND EAST BAKERVIEW FROM GENERAL MANUFACTURING TO GENERAL COMMERCIAL (P &D) (AB90 -100) 18. *ORDINANCE ADOPTING THE POINT ROBERTS SUBAREA PLAN (P &D) (SCHEDULED FOR HEARING ON APRIL 3) (AB90 -73) 19. *ORDINANCE AMENDING COUNTY DEVELOPMENT STANDARDS RELATING TO CLEARING OF FOREST LAND FOR A NON - FORESTRY USE (P &D) (AB90 -101) Items 8 through 19 were accepted and will be referred to the appropriate committees. Regarding Item 18: LAIDLAW MOVED THAT THE COUNCIL RESCHEDULE THE POINT ROBERT SUBAREA PUBLIC HEARING FOR APRIL 10 OR THE EARLIEST POSSIBLE DATE RATHER THAN APRIL 3 PENDING THE RECEIPT OF THE ENVIRONMENTAL IMPACT STATEMENT. Motion carried unanimously. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Airport Expansion: Council members are invited by the Port of Bellingham to tour the Bellingham International Airport from 3 to 5 p.m. on Monday, March 19. On March 27 S.A.F.E. will be addressing the Council. Jackson is preparing a joint resolution for review for city /county on the airport expansion. The meeting was adjourned at 9:48 p.m. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Barbara Maher, Counlcil Clerk 1onald G. llan�ey, Chairman