HomeMy WebLinkAboutCounty Council September 25 1990WHATCOM COUNTY COUNCIL
September 25, 1990
The meeting was called to order at 7 p.m. by Chairman Don Hansey.
Present: Absent:
Dennis Vander Yacht None
Dan Warner
Emily Jackson
Mary Vanderpol
Marge Laidlaw
Bob Imhof
READING AND APPROVAL OF MINUTES of the August 7 and September 11, 1990
meetings approved as presented.
EXECUTIVE ITEMS
1. REQUEST TO ENTER INTO AN AGREEMENT WITH REID MIDDLET-
ON FOR COMPLETION OF THE LAKE WHATCOM TRANSPORTA-
TION STUDY IN AN AMOUNT NOT TO EXCEED $120,000 (AB90-
319)
Van Zanten explained this item. The need to upgrade transportation in this area has
been before us for some time. Engineering has solicited proposals to do this study. Imhof
and Hansey both served on the committee that chose Middleton.
WARNER MOVED TO AMEND PAGE 20 OF THE PACKET, ITEM 5 AFTER
THE WORD EVALUATED ADD "WITH SPECIAL ATTENTION PAID TO WATER
QUALITY."
Motion passed unanimously.
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A THREE -YEAR CONTRACT WITH U.S. BANK OF WASHINGTON FOR
BANKING SERVICES IN AN AMOUNT NOT TO EXCEED $107,799 (AB90 -320)
Van Zanten explained the issue. Laidlaw disqualified herself because her husband
works for U.S. Bank. Warner explained that this provides more service and more control
of the money.
Warner reported Finance recommended approval of this item.
WARNER SO MOVED.
Motion carried unanimously.
3. BID AWARD RECOMMENDATION FOR THE CEDARVILLE LAND-
FILL PHASE I (AB90 -321)
Warner reported Finance recommended approval.
WARNER SO MOVED.
Motion carried unanimously.
4. REQUEST FOR COUNCIL TO FIND THAT A WAIVER OF BID
REQUIREMENT WILL BE IN THE BEST INTEREST OF WHATCOM
COUNTY AND APPROVAL OF ADDENDUM TO PROFESSIONAL
SERVICES CONTRACT (AB90 -322)
Warner reported Finance recommended approval.
WARNER SO MOVED.
Motion carried unanimously.
5. BID AWARD RECOMMENDATION FOR THE PURCHASE OF
ACOUSTICAL PANELS /WORK STATIONS FROM THE WASHINGTON
STATE BID LIST FROM WESTERN OFFICE PRODUCTS AND INDAL
FLTJqTURE SYSTEMS IN THE AMOUNT OF $18,208.75 PLUS SALES
TAX AND INCLUDING INSTALLATION (AB90 -323)
Warner reported Finance recommended approval.
WARNER SO MOVED.
Motion carried unanimously.
6. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
INTO AN INTERLOCAL AGREEMENT FOR $12,992 WITH THE CITY
OF BLAINE FOR THE PURPOSE OF PARTICIPATING IN A TRANS-
PORTATION STUDY (AB90 -324)
Van Zanten explained this item.
Warner reported Finance recommended approval.
WARNER SO MOVED.
He mentioned a small amendment on line one of page 75 of the packet (Page two
of the interlocal agreement between The City of Blaine and Whatcom County) making it
read as follows... Department of Engineering, one from the Department of Planning and one
Minutes, 9/25/90, Page 2
from Council of Governments.
Motion carried unanimously.
7. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR FRESH FRUITS
AND VEGETABLES FOR THE JAIL (AB90 -325)
8. BID AWARD RECOMMENDATION FOR THE SUPPLY OF DAIRY
PRODUCTS TO THE JAIL TO THE LOW BIDDER, DAIRY DISTRIB-
UTING, INC., AT AN ESTIMATED TOTAL OF $16,934.15 (AB90 -325)
9. BID AWARD RECOMMENDATION FOR GROCERIES AND SUPPLIES
FOR THE JAIL TO THE ONLY BIDDER, FOOD SERVICES, INC., AT
AN ESTIMATED TOTAL OF $23,917.98 (AB90 -325)
Warner reported Finance recommended approval of the above three items.
WARNER SO MOVED.
Jackson noticed groceries and supplies only received one bid and asked if we are
going far enough to solicit bids. Warner said this outfit always gets the bid as they are
always the low bidder.
Motion carried unanimously.
10. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
INTO A CONTRACT AMENDMENT TO A CONTRACT WITH CUR-
RENT INDUSTRIES FOR A VARIETY OF SERVICES TO THE
DEVELOPMENTALLY DISABLED IN THE AMOUNT OF $19,594.19
(AB90 -326)
11. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
INTO A CONTRACT AMENDMENT WITH VANGUARD NORTHWEST
FOR DEVELOPMENTALLY DISABLED PEOPLE IN SHELTERED
WORKSHOPS IN THE AMOUNT OF $87,150.00 (AB90 -327)
12. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER
INTO A CONTRACT AMENDMENT WITH PIONEER RIDGE HEALTH-
CARE FOR VARIOUS SERVICES TO THE DEVELOPMENTALLY
DISABLED IN THE AMOUNT OF $11,358.21 (AB90 -328)
Warner reported Finance recommended approval for the Executive to enter into the
contracts for the above three items.
WARNER SO MOVED.
Minutes, 9/25/90, Page 3
Motion carried unanimously.
13. EXECUTIVE'S REPORT
Van Zanten mentioned the award recently given to the Auditor's department and the
success of the roadside litter pick -up project; four young people were hired to do this. The
Buildings & Code report and the road progress report were distributed.
REPORT BY THE HEALTH DEPARTMENT ON THE LAKE WHAT -
COM WATERSHED ON -SITE SEWAGE DISPOSAL SURVEY
Dr. James gave a slide presentation.
OPEN SESSION
Carol Rondello, 1109 13th Street, Bellingham: Discussed proposed disposal options.
After the September 20 meeting she said she discovered the County has little ability to raise
money to fund disposal, has little control of the waste flow, how it is handled, how it is
disposed of and what rates are charged. She said she thinks most of the problems are
because the County does not control its waste stream and does not operate a solid waste
disposal facility. While privatization in some elements makes some sense, the County's non
involvement is causing problems.
Rondello proposed some options to gain control of the waste stream as follows:
Option 1. Set up its own transfer facility with hauling, final disposal and even transfer
site operation could be bid out. The County would then have control of each phase.
Option 2. The County could bid out disposal. The RFP could specify that
comprehensive plan priorities be met, compensation and surcharge formulas, bonding
requirements, etc. The County would thus be able to foster competitive rates as well as
having access to a surcharge.
Both these options would generate money and allow the County to adhere to
environmental standards in all phases of the operation. This could solve the problems in
the future. The ratepayers would not then be at the mercy of the private facilities that can
charge what they wish.
Dusty Anderson, 2929 Goshen Road: Anderson said she thinks the County should
control the waste stream; she said she was surprised at the last meeting to hear how the
County was trying to avoid being involved in this vital issue. She said she would at least like
to see the County bid the service out competitively. Please don't move too quickly you don't
see where you're going, said Anderson. She said she would like the Council to consider
getting back into being involved with the garbage issue.
Fred Miller, 3229 North Shore Road: Relative to the matter of the Lake Whatcom
Connector and that study, he said he wanted to thank the Council for its amendment and
request Council to refer this back to the Watershed Committee or its own standing
committee of the watershed or the Council to keep a watchdog eye on the process. Miller
said a similar situation is happening in Bellingham right now where despite repeated
Minutes, 9/25/90, Page 4
requests and an environment checklist and the City's own environmental review process,
they are now widening Alabama Street and draining that three tenths of a mile straight into
the lake untreated where many of us get our drinking. He said there are many aspects of
this Lake Whatcom connector which will not be involved with transportation, traffic
problems, congestions or whatever else but will have a lot to do with the future of the water
quality in Lake Whatcom.
John Davis, 5556 Guide Meridian: He said he hopes the County feels responsibility
for the landfill; it did not fill up overnight. The administration has been in force for some
time but in an effort to control the possible closing costs of Cedarville, the cost for disposal
of garbage went from $44 to $95 per ton; RECOMP just continued with those rates and
escalated them. He distributed a paper from Skagit County showing a ton of compacted
garbage at Skagit County is $47 /ton whereas at RECOMP it would be $105 /ton. He said
he feels it is the responsibility of the County to get rates down. Another note on this paper
from Skagit County shows there is no charge for anything recyclable in a load; this is an
incentive to people keep things out of waste stream and Davis suggests the County adopt
a similar policy.
Barbara Brenner, 5617 Northwest Blvd: She said she spoke to Sherry at UTC who
said the cost of disposal in Whatcom County is double the cost charged in most counties in
the state. Brenner said she believes that everyone wants to pay his fair share but we are
being overcharged for services and are not in control. She said she would like to see the
County either make it a utility or make it private enterprise but not allow one provider to
be both a private enterprise and a public utility at the same time and reap all the profits.
Inaudible, 3455 Emma Road: County should get into the garbage business. Garbage
should be used to produce energy, perhaps to heat swimming pools. He said the Country
has to go to middle east to secure oil by force while wasting all this energy. He said the
County should be producing energy with its waste.
Pat Darling, 7870 Samish Road: Proposal will be suggested later that is similar to
an earlier proposal on garbage disposal; Council should pay attention to the good
suggestions of managing the waste stream that are being given.
Warner said many citizens complained we were not doing a good job of running a
dump so we gave that a lot of thought. The County was compelled to keep their rate
comparable to TRC (now RECOMP) or Cedarville would have been inundated. The
County shut Cedarville down and people are now complaining that the County should get
back into the garbage business.
HEARINGS AND FINAL CONSIDERATION
1. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON
TAX FORECLOSURE, REQUESTS NO. 48, 49, 50, 51, 52, 53, 54 (AB90-
297)
Minutes, 9/25/90, Page 5
WARNER MOVED THIS ITEM BE APPROVED.
The public hearing was opened. No one spoke and the hearing was closed.
Motion carried unanimously.
2. ORDINANCE CREATING A SOLID WASTE COLLECTION DISTRICT
WITHIN UNINCORPORATED AREAS OF COUNTY; ESTABLISHING
THE PURPOSES AND OBJECTIVES OF THE DISTRICT; AND
PROVIDING FOR DISTRICT MANAGEMENT (AB90 -3)
Van Zanten said this item is still before the UTC; they will not finalize their action
until September 26 and final action cannot be taken tonight.
Shirley Van Zanten, County Executive: Testimony from Egbert Maas, City of Lynden
said the Lynden put in mandatory collection ten years ago and it works. Bob Jurica and
Dave Bader also had sent letters that should be entered into the record.
Dr. James provided another slide show displaying the difference between the City and
County in terms of indiscriminate dumping.
Vander Yacht asked if the people dumping are unincorporated county citizens. Dr.
James said yes and the audience said some were from the City of Bellingham.
Dr. James said the dumping predates costly pickup. Vander Yacht said he takes offense to
the way it was stated since he is a county resident. Jackson said she has seen as bad in the
City of Bellingham. Dr. James said his staff looks at all areas and his summary opinion is
that the problem is greater in areas where there is not universal pickup.
A.J. Gould, 190 W. Samish Drive: He said he had taken a survey of what many
people in Whatcom County want; it shows people think it is better to bond recycling but not
mandatory garbage pickup. He said he wants more competition so the price will come
down. Some of his suggestions were: Industrial and commercial dumps to be used as public
disposal facilities; Work with grocers and bottlers to reduce over - packaging; Enact stricter
penalties on people who dump; Expansion of transfer station and convenient disposal sites.
Jeff Brown, 3415 Hillside Road: Supports mandatory garbage pickup. Has spent a
year cleaning up buried garbage on the property he bought. He urged continued efforts to
make mandatory collection as palatable as possible.
George Ward, 1444 Kelly Road; The ordinance refers to a plan, and the plan is an
imperfect beginning. The Solid Waste people say this is a new concept and others are
watching us with interest. He said he does not want to be a guinea pig where there is no
idea of projected cost and thinks it is premature to talk of something when the costs have
not been established.
Ben Henkle, North Shore Road; He said he thinks garbage should not be in County
hands; he said it should be put in competitive hands. He said the County should encourage
competition and keep costs down.
Minutes, 9/25/90, Page 6
Jim Maricle, 3633 Cedarville Road: He said he thinks the County has made headway
but putting another layer of law will not keep the slobs from dumping. There is a state law
on littering and that does not stop it. The county will not be able to enforce it any better.
John McKnight, 5104 Mosquito Lake Road: He said both of the pictures of dumped
garbage were on the Indian reservation. He said he is not in favor of mandatory garbage
collection; he recycles and will be penalized. I think recyclable pickup should be free and
pay for what garbage is put out.
Everett Lindaas, 4367 Sucia Drive: He said he is against mandatory pickup. Would
he be able to get only one can a month; his neighbors are Canadians and are only at their
home for one or two months each year.
Carol Posthumas, 1313 Birch Bay Lynden Road: She said the County needs to
educate people to take the initiative to be first in the State to generate less garbage.
, Barbara Brenner, 5617 Northwest Road: She said she thought Olivine would be on
the agenda. If someone has a facility that could operate as a transfer station, we should be
encouraging them; many transfer stations do not operate as a garbage disposal site. People
do feel the community spirit in towns but in the county, people are more isolated.
She suggests we comment on waste reduction in whatever area we deal in; she has made
suggestions to Albertson and they have been great about getting rid of bad packaging.
She wants to see some real competition and feels the County needs to encourage this.
Ray Ryer, Enterprise Road: Most garbage dumped on the Hartsell Road can't be
fit in the garbage can. He said mandatory garbage pickup cannot be forced in remote areas.
Robert Molla, 2668 Nooksack Road: He said an annual review is built to determine
whether rates should be raised for the following year; if company raises its rates the tax will
then go up. The tax would go up if hauler's rates go up. Something is wrong if he could
have a lien put on his property if he does not want to do business with a private business.
Dusty Anderson, 2929 Goshen Road: She lives near Cedarville landfill and many
people dump their garbage just before the landfill. She wishes people were responsible but
many have buried and burned on her property prior to her ownership.
Carol Rondello, 1109 13th: She said she supports universal pickup as well as the
service level ordinance with variable size cans and time.
John Davis, 5556 Guide Meridian; He said he would challenge Dr. James' comment
that mandatory pickup would stop diseases. He has documentation showing that it has a
very small effect on night -time dumping. The penalties indicate if bills go up to $500 an
additional $200 would be charged and if that is not paid perhaps the County would throw
you in jail. The message of the petition was that over 90 percent of residents are against
mandatory pickup. He stated a coalition of ideas is needed not an adversarial position. He
said private enterprise should be encouraged. The County has the responsibility to site a
Minutes, 9/25/90, Page 7
landfill so we are not held hostage by RECOMP. RECOMP has an absolute monopoly on
garbage disposal; he asked what the County would do if Recomp refused to take our
garbage. UTC regulates haulers in the unincorporated areas and they can make only a
seven percent profit; RECOMP is making many times that and they refuse to divulge their
profit structure to those who ask for a copy. His parents are on a fixed income and
generate one can a month; a mini -can has to be picked up twice a month. He said he
recommends metered payment. County Health department should provide the enforcement.
He said this will start another department to administer this new law causing more expense
to the public. There was discussion between Warner and Davis on the wording.
Fred Miller, 3229 North Shore Road: He said he was one of the people who
attended the meetings but disagrees with some of the things being said. His fear is that four
years of public process is being overlooked. He said CAN said people were not informed
of what is going on but it is the duty of citizens to pay attention to what is happening. He
said he felt the initiative was poorly explained to people who were asked to sign it;
afterward the signers did not realize they were just signing a tax issue. RECOMP's
situation is being misrepresented even when explained. When you analyze what RECOMP
is trying to do for this community, the setup costs, the hardware and compliance costs you
realize why the charge is high. He would like explanation of some of their operation costs
but thinks the answers will be forthcoming. There are many reasons why there are no
competitors in the field. The comments of 100 percent profit, being held hostage and
comparisons with burning in Skagit County or elsewhere is like comparing oranges and
apples. He said he supports mandatory garbage collection and curbside recycling pickup
and we need it fast. He supports the County's efforts to stand fast, after years of public
process, the hearings and the years of developing the work that has been accomplished to
this point and I urge you to remember some of the comments that CAN and others are
making about the true intent of the citizens of Whatcom County may not necessarily reflect
the entire population.
Gary Patterson, 2331 Slater Road: He said the visiting shoppers are leave their
wrappers and adding to the garbage problem.
The public hearing was closed.
Vanderpol said Public Service recommends this item be held over for two weeks.
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION ESTABLISHING WETLAND POLICIES AND REGULA-
TIONS TO BE USED UNTIL, SUCH TIME AS WHATCOM COUNTY
HAS A WETLANDS ORDINANCE (AB90 -317)
Laidlaw stated there was an amendment changing the word policy to procedures; she
reported Planning and Development discussed this in committee today and recommended
approval on a 2 -1 vote.
Minutes, 9/25/90, Page 8
LAIDLAW MOVED APPROVAL OF THE AMENDMENT ON THE PROPOSED
RESOLUTION.
Motion carried with Jackson opposed.
Laidlaw said we need to acknowledge the wetlands problem and this resolution
prevents the County from getting backed into a corner.
LAIDLAW MOVED THIS AMENDED RESOLUTION BE APPROVED.
Vander Yacht said he is confused about this; he said this has an appearance of
impropriety when the whole document is loose and general but one part is picked out and
changed specifically.
Jerry Mixom, Buildings & Code (B &C): This policy now stated as procedure was
written as direction to the staff to create consistency. Trillium has hired someone to do a
study on Cordata but there is no other property currently going through a systematic study
in the County. Jackson said she did not support the change from policy to procedure in
committee. The committee was told that B &C would use this anyhow because it was been
developed for use there. She stated the Council is a policy making body and it is meddling
in administrative matters.
Motion carried 4 -3 with Jackson, Imhof and Vander Yacht against.
2. ORDERING THE SEGREGATION OF LOCAL AND ROAD IMPROVE-
MENT, DISTRICT NO. 9, SEGREGATION NO. 90 -2 (AB90 -310)
Vanderpol reported Public Service recommended this item be approved.
VANDERPOL SO MOVED.
Motion carried unanimously.
3. ORDINANCE ESTABLISHING SERVICE LEVELS FOR SOLID WASTE
AND RESIDENTIAL RECYCLING COLLECTION UNINCORPORATED
AREAS OF COUNTY AND NONRESIDENTIAL RECYCLING COLLEC-
TION IN ALL AREAS OF COUNTY (AB90 -306)
Vanderpol reported this was held in committee by a vote of 2 -1 so it could be
studied.
ADDENDUM ITEM
3a. RESOLUTION ESTABLISHING FLOOD CONTROL PROJECT NO. 97512
AND THE AWARD OF THE CONTRACT FOR OVERFLOW CHANNEL
IMPROVEMENTS TO GLACIER CREEK AT MOUNT BAKER RIM
Minutes, 9/25/90, Page 9
(AB90 -333)
Van Zanten explained this is a cost share project. These people are most anxious
to get this going in good weather and when the river is low.
Warner reported Finance recommended approval.
WARNER SO MOVED.
Motion carried unanimously.
4. ORDINANCE TO REVISE THE 1990 RIVER IMPROVEMENT FUND
BUDGET (AB90 -305)
Warner reported Finance recommended approval of this item.
WARNER SO MOVED.
Motion carried 7 -0
ADDENDUM ITEM
5. PETITION TO VACATE LINDSAY AVENUE, DUART AVENUE AND
JEFFERSON AVENUE, FILED BY JUNE ELDER, ET AL (AB90 -260)
Vanderpol reported Public Service recommended this be held over for the next
meeting.
OTHER BUSINESS
1. *RECEIPT OF PETITION TO VACATE UNNAMED RIGHT -OF -WAY
AT THE END OF RAINBOW DRIVE IN GLENHAVEN, FILED BY
MARY AND CLIFFORD GRINNELL (AB90 -318) (HEARING TO BE
SCHEDULED ON ENGINEER'S REPORT)
ADDENDUM ITEM
2. *RECEIPT OF NOTIFICATION FROM SHIRLEY FORSLOF, AUDITOR
THAT PROPOSED REFERENDUM 90 -1, ENTITLED "SHALL THE
SOLID WASTE EXCISE TAX ON THE PRIVILEGE OF LIVING IN OR
DOING BUSINESS IN WHATCOM COUNTY BE REPEALED ?"
RECEIVED ENOUGH SIGNATURES TO BE SUBMITTED TO THE
LEGAL VOTERS NOVEMBER 5TH, 1991.
Haney read this received for official recognition
Minutes, 9/25/90, Page 10
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEM)
EMERGENCY ORDINANCE AMENDING WCC CHAPTER 17, "FLOOD
DAMAGE PREVENTION," TO INCORPORATE NEW FEDERAL
FLOOD MAPS AS REQUIRED BY THE NATIONAL FLOOD INSUR-
ANCE PROGRAM (AB90 -316) (PUBLIC SERVICE)
Vanderpol reported Public Service recommended this item be adopted.
VANDERPOL SO MOVED.
Motion carried unanimously.
2. *ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR THE
SUMAS RIVER FLOOD CONTROL ZONE DISTRICT #2 FUND (AB90-
329) (FINANCE)
3. *ORDINANCE REVISING THE 1990 CURRENT EXPENSE FUND,
HEARING EXAMINER'S APPROPRIATION THEREIN FOR PROFES-
SIONAL SERVICES (AB90 -330) (FINANCE)
4. *ORDINANCE REVISING THE 1990 TORT CLAIMS FUND (AB90 -331)
(FINANCE)
The above three items were received and will be referred to the appropriate
committees.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Use of Council office: Imhof said he has difficulty with other people using our offices
during meetings. We don't use their offices and they should not use ours, said Imhof. Every
staff person in the County should not have access to the Council space. Vander Yacht said
the public has to suffer through the Council's rantings and ravings so staff should too.
Vanderpol said we should make a place for them. Jackson said maybe staff could go to the
room in the basement and have the sound piped down there.
Haney said he would refer it to Capital Projects and bring back a report.
Rondello/Brown letter: Laidlaw said she would like the letter distributed by Carol
Rondello and Jeff Brown given as part of the next agenda.
Bakerview Road: Laidlaw said Council members were given a memo from Dan
Taylor on Bakerview Road. This issue is on hold at present.
Planning Course: Laidlaw stated the Council of Governments short course on
planning had over a hundred people in attendance.
Letter on continued Criminal Justice funding: Jackson passed over the task of
finalizing the letter to the Governor to Dan Warner.
Lake Whatcom Watershed Committee: Laidlaw asked what was happening to the
water resources committee (LWWS committee). Members Jackson, Imhof and Vander
Minutes, 9/25/90, Page 11
Yacht said they would bring a report.
Waite v Whatcom County: Randy Watts, Chief Civil Deputy Prosecutor, explained
the settlement in the Michael Waite v Whatcom County case.
Airport Advisory Committee: Haney said there had been a request from Ted
Soliday that County Council appoint someone from the Council or the community to serve
on the Airport Advisory Committee. Imhof offered.
The meeting was adjourned at 10 p.m.
ATTEST:
BarjAra Maher, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM CQL,TNTY, WASHINGTON
G.
Minutes, 9/25/90, Page 12