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HomeMy WebLinkAboutCounty Council September 4 1990WHATCOM COUNTY COUNCIL September 4, 1990 The meeting was called to order at 7 p.m. in the Council Meeting Room, 1000 N. Forest Street, by Chairman Don Hansey. Also Present: Absent: Mary Vanderpol None. Marge Laidlaw Dan Warner Robert Imhof Emily Jackson Dennis Vander Yacht READING AND APPROVAL OF MINUTES The minutes were approved after Laidlaw noted that she did not vote in favor of one item. The minutes will be corrected to reflect that change. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION TO COVER AND DRAIN THE Y- ROAD LANDFILL TO MEET CLOSURE REQUIREMENTS TO THE LOW BIDDER, SUMAS TRANSPORT INC., FOR $145,260.50 INCLUDING 7.8 PERCENT SALES TAX (AB90 -295) 15 -18 Van Zanten explained this item and recommended the Council concur with her recommendation. Warner reported that Finance reviewed the bid award and recommended approval. WARNER SO MOVED. Motion carried unanimously. 2. REPORT ON WASHINGTON COUNTIES' RISK POOL (AB90 -296) (SOME PAPERWORK ON FILE, DISTRIBUTED ONLY TO COUNCIL) 19 -24 Van Zanten reported briefly on the insurance pool, noting the pool is in good financial shape. Imhof and Jackson asked questions; Van Zanten responded. 3. REJECTION OF ALL BIDS FOR INSTALLING LANDFILL CLOSURE IMPROVEMENTS AT THE POINT ROBERTS LANDFILL (AB90 -298) 25 -28 Van Zanten explained bids came in over the estimated amount; therefore she Minutes, 9/4/90, Page 1 recommended the rejection of all bids at this time. Warner said Finance Committee reviewed the matter and recommended concurrence. WARNER SO MOVED. Motion carried. 4. REQUEST FOR AUTHORIZATION TO ENTER INTO AN INTERLOCAL AGREEMENT TO FORM A REGIONAL TRANSPORTATION PLANNING ORGANIZATION (AB90 -300) 29 -40 Van Zanten said this would authorize the Council of Governments (COG) to become the lead transportation planning organization for Whatcom County, and receive more than $41,000 in grant money. All the cities agree to the concept. Mark Challendar, Executive Director of COG, was present. He said the agreement lasts until 1993, and commits the County to necessary matching funds during that time. LAIDLAW MOVED THE COUNCIL GRANT AUTHORIZATION TO ENTER INTO THE AGREEMENT. Motion carried. 5. REQUEST FOR A MOTION (OR RESOLUTION) OF SUPPORT FOR ADMINISTRATION TO PURSUE IMPLEMENTATION OF MULTI - AGENCY AGREEMENT REGARDING PORTAGE ISLAND (AB90 -301) (SOME PAPERWORK ON FILE, DISTRIBUTED ONLY TO COUNCIL) 41 -46 Van Zanten noted this item has been an issue for many years. Years ago the County's interest in Portage Island was sold to the Lummi Tribe, with the condition it be turned into a public park. The Interagency for Outdoor Recreation did an audit of that agreement last summer, and the report on this matter is on file in the Council Office. Van Zanten requested a motion or resolution that would accomplish a series of actions that could bring about some change in that area. Discussion among Imhof, Van Zanten, and Laidlaw ensued. Laidlaw reported that Planning and Development reviewed the matter. She said former Council Member Will Roehl had brought the issue back on the table prior to leaving office, hoping to resolve the matter at that time. WARNER MOVED THAT THE EXECUTIVE TAKE APPROPRIATE ACTION TO PURSUE HER RECOMMENDATIONS IN ORDER TO RESOLVE THIS ISSUE. Van Zanten said she did not recommend a specific course of action because a specific course was not yet clear. She said the Park Board and the Administration would now be able to proceed as they deem appropriate in resolving this matter. Jackson said she Minutes, 9/4/90, Page 2 would prefer to use this item to bring some general dialogue to the front with the Lummi Tribe. She said her aim was to avoid beginning any procedure "with a black eye." Motion carried with Jackson opposed. 6. NEW APPLICATION FOR A CLASS H LIQUOR LICENSE BY WILLIAM R. BELL AND MOHAMED FAKIR FOR THE CANNERY RESTAURANT AND LOUNGE, 775 MARINE DRIVE, POINT ROBERTS (AB90 -302) 47 -48 Van Zanten reported on both items six and seven, noting that both had obtained the requisite approvals. Vanderpol reported Public Services and Solid Waste Committee reviewed the items and recommended approval of both items. VANDERPOL SO MOVED. Jackson said she had a question about the Point Roberts item. Hansey divided the question, noting the item before the Council was the Point Roberts license. Jackson said she was reluctant to approve another liquor license in light of traffic concerns. Imhof said the law enforcement agencies reviewed and approved of the proposed license. Vanderpol commented. Discussion ensued. Vanderpol said Point Roberts does have too many filling stations within Point Roberts, but the owners are within their rights so the Council has to approve of it. Motion to approve item six carried unanimously. 7. NEW APPLICATION FOR LIQUOR LICENSE (BED & BREAKFAST) BY ROBERT BELL FOR THE ANDERSON CREEK LODGE, 5602 MISSION ROAD (AB90 -303) 49 -50 Motion to approve item seven carried unanimously. 8. NEW APPOINTMENT OF GARY L. WILSON TO PARKS AND RECREATION BOARD TO REPLACE ROBERT TULL WHO COMPLETED HIS SECOND TERM AND IS NOT ELIGIBLE FOR REAPPOINTMENT (TERM: 7/1/90 TO 6/30/94) (AB90 -304) 51 -52 Van Zanten explained this item. After some discussion: WARNER MOVED APPROVAL OF THE ITEM. Motion carried unanimously. 9. EXECUTIVE'S REPORT Minutes, 9/4/90, Page 3 Recognition of County Staff Hansey read the resolution on file under AB90 -311, whereby the Council commended Administrative Services Director Mary Chisholm, Public Works Building Maintenance Division, Information Services Department, and the Purchasing Department. HANSEY MOVED TO SUSPEND THE RULES AND ADOPT THE RESOLUTION. Warner noted a Ziggy cartoon lampooned government employees; however, the majority of County government employees are very dedicated, put in a great deal of overtime, and were in general a good example of the hard - working dedicated sorts of people who work for County government. Motion carried unanimously. Van Zanten thanked the Council on behalf of her staff. OPEN SESSION Haney invited the public to speak, but no one spoke. HEARINGS AND FINAL CONSIDERATION 1. RESOLUTION AUTHORIZING SALE OF SURPLUS EQUIPMENT (AB90 -277) 53 -63 Warner said the resolution would set the auction date for September 15. Finance reviewed the items, and there was some discussion in Committee about the possible use of these items by County departments. WARNER MOVED TO APPROVE THE RESOLUTION AUTHORIZING THE SUPRLUS OF THESE PROPERTY. Haney opened the hearing. No one testified and the hearing was closed. Motion carried unanimously. Vanderpol said Purchasing Director Nat Dickinson actively seeks to place usable items in departments prior to their being surplused. 2. PETITION TO VACATE LINDSAY AVENUE, DUART AVENUE AND JEFFERSON AVENUE, FILED BY JUNE ELDER, ET AL (AB90 -260) 64 -68 The hearing was opened. Minutes, 9/4/90, Page 4 Ray Wilson, Jefferson Avenue: He spoke against the vacation, which would close an important access to Jefferson Avenue. Randy Watts, County Prosecutor's Office: Provided a short analysis of the legal situation in the Yew Street area. Many of the plats in that area were filed in 1909. This road was platted in 1890, and the public's right to open the road expired in 1895. The public's right -of -way is extinguished, but people who buy lots in that plat have a right to rely upon the existence of the road way until that road way is vacated. Engineer Ed Henken indicated there is no public benefit to the road way, and that's because they've become private easements. Jackson asked Watts a question, and Watts responded. The hearing was closed. Vanderpol reported that Public Services reviewed the matter and recommended approval pending the outcome of the public hearing. VANDERPOL MOVED TO APPROVE OF THE VACATION. Laidlaw asked if this makes the installation of a road entirely the responsibility of the private property owners. She asked why this sort of thing has never come before the Council. Imhof and Watts said it had. Watts explained people may either vacate such a road through the Council, or by a motion in Superior Court. Jackson asked about the implications of approving the vacation. Discussion took place. Henken said it is possible private land owners could be landlocked in the future. He said Engineering did not look into that possibility. In effect, the County lost public interest in plats filed before 1895 so there is no public interest to maintain, he said. Discussion ensued. Jackson suggested this be referred back to Public Services. Warner said he would vote against the motion to vacate, particularly since some people would be negatively impacted. The hearing was reopened. June Elder, petitioner: Warner asked her why the vacation was sought. She said she's been told by Engineering Division by 20 years to vacate the road. She said she's just trying to square her land. Vanderpol noted people who have an easement at this time would continue to have an easement across her property, therefore none of the existing property owners would be landlocked. Mrs. Elder discussed the matter further. Vanderpol said Mrs. Elder paid a $175 fee to vacate the road, of which $140 would be retained by the County to cover costs whether the road is vacated or not. Roger DeSpain: (County Parks Director) Lives in the area, would recommend the Council table this item until at least the Public Services Committee has a chance to visit the area. He said Jefferson Street is used heavily and this access is needed. Mrs. Elder: She disagreed that Jefferson Street was heavily used. The hearing was closed a second time. Minutes, 9/4/90, Page 5 Haney restated the motion. Vander Yacht said he would like to take the matter under advisement, and take a more comprehensive look at the proposal. VANDER YACHT MOVED TO REFER THE MATTER BACK TO PUBLIC SERVICES COMMITTEE AND BRING IT BACK TO THE NEXT COUNCIL MEETING. Motion carried. 3. LOCAL HAZARDOUS WASTE MANAGEMENT PLAN (NO ACTION REQUIRED; FOR GATHERING OF PUBLIC COMMENT ONLY) (AB90- 292) 69 -70 Solid Waste Manager Bob Jurica said Paul Running of Paul S. Running and Associates was present to explain the plan, which his firm prepared for teh County. Mr. Running explained the plan's purpose and its origin. The hearing was opened. Jackson testified as a citizen. She expressed concerns about the state's recommendations for disposal of household hazardous waste. She said some small businesses might allow hazardous materials to fall into the household category. In her own case, as a former ceramics maker, she said many ceramics businesses have chemicals considered to be hazardous; these could be included in the household hazardous waste stream, which would be taking unfair advantage of the general taxpaying public. Vanderpol made a point of order; he asked if Jackson was in order if she testified during a hearing. Haney said it has been determined in the past that this was an acceptable procedure, even though Council members generally have more opportunity to speak to issues than the public. Jackson continued to speak. No one else testified. The hearing was closed. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE REVISING THE 1990 PUBLIC HEALTH FUND APPROPRIATION (AB90 -282) (PAPERWORK TO BE DISTRIBUTED LATER) Warner reported that Finance recommended the ordinance for approval. WARNER MOVED TO APPROVE THE ORDINANCE. Motion carried unanimously. 2. ORDINANCE TO REVISE THE 1990 COUNTY BUDGET FOR UNANTICIPATED EXPENDITURES (AB90 -283) 71 -94 Minutes, 9/4/90, Page 6 Warner reported that Finance recommended the ordinance for approval. WARNER MOVED TO APPROVE THE ORDINANCE. This item was discussed extensively. Covered Council Office move /remodel, auditor's movement of files, ag extension kitchen, etc. Vanderpol left the room. Motion carried unanimously. 3. ORDINANCE AMENDING ... ZONING ... FROM TOURIST COMMERCIAL TO URBAN RESIDENTIAL MEDIUM DENSITY 18 UNITS PER ACRE FOR APPROXIMATELY 2.8 ACRES SOUTH OF AIRPORT DRIVE ON WEST MAPLEWOOD (AB90 -224) 95 -105 Laidlaw reported this was in the Planning and Development Committee, and explained some of the background of the issue. Committee recommended adoption of the ordinance. LAIDLAW SO MOVED. Motion carried unanimously. OTHER BUSINESS 1. DISPOSITION OF PROPOSED INITIATIVE 4 -90 (N.O.P.E.) (AB90 -271 )106 -109 In view of recent happenings and changes in plans, Vanderpol reported the Committee voted to table the matter, keeping it in committee. This would effectively allow the Council to take no action and the matter would appear on the November ballot. Hansey and Warner commented. Warner said the N.O.P.E. members were to be complimented for their work in resolving the Puget Power matter. 2. UPDATE ON COUNCIL'S BUDGET ANALYST POSITION (AB90 -293) Warner said although no ordinances have yet been presented, the Treasurer's Office and the Assessor's Office requested to add some staff this year. Warner said the Executive, with sincere concern for the workload in the Treasurer's and Assessor's Office, still was compelled to not approve the requests. Warner said because these positions were not going to be approved, the Committee (with Warner dissenting) voted to postpone the hiring of the budget analyst until January. Staff in the Assessor's and Treasurer's offices is non- discretionary and should come before the Council's wish to "feather its own nest," he said. Warner also said the position advertisment procedure had not been followed correctly. Warner asked staff to write to the people who applied, tell them the funding will be Minutes, 9/4/90, Page 7 authorzied probably January 1, the position will be advertised again in November, and the Council would appreciate their reapplication. Warner asked the matter be deferred at this time. Warner said an ordinance has not been brought forward budgeting the money, so the 1991 budget will have it. Jackson said earlier discussions said if a person is brought in after the budget process, they are not as useful. Jackson suggested hiring a person for a three -month period on a contract basis, just so the person will be present for the budget process; otherwise it will be a full year before the Council can utilize the person. Vanderpol said the Finance Committee supports the need for the person, but with budget requests coming it doesn't seem timely or wise to ask for a supplemental budget for another position. Jackson said perhaps the Council should wait until August to hire the person, rather than have them on board for nine months. Warner said he had suggested bringing the person on board for the first of July. Laidlaw said she understood the person was also to work on more broad issues than financial aspects. Hansey said perhaps the person should be called a budget analyst research person. Discussion ensued. WARNER MOVED FOR THE 1991 BUDGET,EITHER THE FULL OR PARTICAL YEAR, THE COUNCIL HIRE A BUDGET ANALYST - RESEARCH PERSON. There was some discussion. Motion carried unanimously. 3. NOMINATIONS /APPOINTMENT TO CIVIC CENTER ADVISORY COMMISSION (AB90 -288) Laidlaw said the committee would make the appointment, so this item should not be on the agenda. 4. *RECEIPT OF HEARING EXAMINER APPEAL, FILED BY OLIVINE (AB90 -294) 5. *RECEIPT OF PETITION FROM MARKET ROAD RESIDENTS, REQUESTING SPEED LIMIT REDUCTION (AB90 -307) (SUGGESTED REFERRAL TO ADMINISTRATION FOR CREATION OF AN ORDINANCE BY ENGINEERING OR SHERIFF) 6. *RECEIPT OF REQUEST FOR SEGREGATION OF LRID NO. 9, #90 -2 (FILED BY WEDEN ENGINEERING) (POSSIBLE ACTION TENTATIVELY SCHEDULED FOR 9/25) (AB90 -310) INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS 1. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON Minutes, 9/4/90, Page 8 SALE OF COUNTY TAX TITLE PROPERTY, REQUESTS NO. 48,49,50, 51, 52, 53, 54 (AB90 -297) 110 -112 Warner reported Finance recommended approval. WARNER MOVED APPROVAL. Motion carried. 2. RESOLUTION SETTING A HEARING ON THE CREATION OF A SOLID WASTE COLLECTION DISTRICT WITHIN THE UNINCORPORATED AREA OF THE COUNTY (AB90 -3) 113 -116 Warner reported Finance recommended approval. WARNER MOVED APPROVAL. He suggested the following amendments: Add after Lynden Tribune 'Bellingham Herald" and after the media add "and members of the public who have asked to be notified by the County Council or Solid Waste division on solid waste issues." Motion carried. 3. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUESTS NO. 48, 49, 50, 51, 52, 53, 54 (AB90- 297) (HEARING) (FINANCE) 119 4. *ORDINANCE TO REVISE THE 1990 RIVER IMPROVEMENT FUND BUDGET (AB90 -305) (FINANCE) 117 5. *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) (PUBLIC SERVICES) 118 6. *ORDINANCE ESTABLISHING SERVICE LEVELS FOR SOLID WASTE AND RESIDENTIAL RECYCLING COLLECTION UNINCORPORATED AREAS OF COUNTY AND NONRESIDENTIAL RECYCLING COLLECTION IN ALL AREAS OF COUNTY (AB90 -306) 120 7. *ORDINANCE REVISING THE COUNCIL OFFICE BUDGET TO PROVIDE FOR HIRING OF A FULL -TIME BUDGET ANALYST (AB90- 293) (FINANCE) 122 Minutes, 9/4/90, Page 9 8. *ORDINANCE PROVIDING FOR AN INCREASE IN PAY FOR BOARD OF EQUALIZATION MEMBERS (AB90 -308) (FINANCE) 121 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS THE NEXT COUNCIL MEETING IS AT 7P.M. TUESDAY SEPTEMBER 11, 1990, IN THE COUNCIL MEETING ROOMAT 1000 N. FOREST ST. Criminal Justice: Jackson read her criminal justice system letter into the record, asking the Council to approve of it in concept and any Council members who are intersted should sign it. Warner said it could be shorter and say, 'Dear so and so, please send cash." jackson said the Clerk wrote the letter, not her. The letter was referred to committee. Solid Waste: Warner urged the press to publicize the solid waste collection district. Garbage Referendum: Vanderpol said Forslof said the gargabe referendum probably will have sufficient valid signatures. Drug Policy Board: Jackson said she sent a letter from the drug policy task force, and she forgot to send them to the Council. She said the task force is urging Counties to lobby for federal funding to stay under state control. She said she would have the Clerk give copies to Council members. Laidlaw said she was asked if Jackson's letter was an official position of the County since it was on County letter head. Jackson said the letter urged people to contact her directly, and she made it clear she was acting on her own. Laidlaw said there were several people who were confused and Laidlaw did not know how to respond since she hadn't received a copy of the letter. Lummi Tribe: Jackson said she is working on subject matter for a possible summit with the Lummi Tribe. The meeting was adjourned at 9:02 p.m ATTEST: Ramona Reeves, Co WHATCOM COUNTY COUNCIL Y, WASHINGTON Minutes, 9/4/90, Page 10