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HomeMy WebLinkAboutCounty Council April 20 19891 Io WHATCOM COUNTY COUNCIL April 20, 1989 The meeting was called to order in the Council Chambers at 7 p.m. by Council Chairman Donald G. Hansey. Other Council Members Present: Absent: Tom Burton None. Emily Jackson Corky Johnson Will Roehi Dan Warner Mary Vanderpol The minutes of the March 30 special meeting and the Apr i 1 6 regular meeting were approved as presented. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR TRUCK SCALES AT THE CEDARVILLE LANDFILL TO THE LOWEST RESPONSIVE BIDDER, UNITEC CORPORATION, IN THE AMOUNT OF $30,083.87 INCLUDING SALES TAX This would provide for scales at Cedarville, so tipping fees can' be based upon the weight of the garbage being brought in. Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. 2. BID AWARD RECOMMENDATION FOR LARGE DIAMETER POLYETHYLENE PIPE TO BE USED AS DRAIN PIPE ON ROAD MAINTENANCE PROJECTS DURING THE COMING SEASON TO THE LOW BIDDER, H.D. FOWLER CO:, FOR ITS ALTERNATIVE PROPOSAL FOR 100 FEET OF 12 -INCH PIPE, 800 FEET OF 18 -INCH PIPE, AND 200 FEET OF 24 -INCH PIPE AT A TOTAL PRICE OF $11,746.97 INCLUDING SALES TAX Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. 3. BID AWARD RECOMMENDATION FOR THE DRYDOCKING, REPAIR AND MAINTENANCE OF THE WHATCOM CHIEF TO THE LOW BIDDER, DUWAMISH SHIPYARD, INC., IN THE AMOUNT OF $40,680 Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. 4. EXECUTIVE'S REPORT Van Zanten said she a new health officer. She talk with the finalist prior �- s Minutes, 4/20/89, Page 2 is just about ready to recommend the appointment of said Council will have an opportunity to meet and to the May 4 Council meeting. Barbara Brenner 5617 Northwest Road Wants a thorough investigation of the Health Department; she claimed officials from that department give misinformation at public meetings, particularly about Thermal Reduction Co. and allegations regarding its mishandling of medical waste. Warner said this matter should be discussed after a hearing before the Health Department Advisory Committee, if possible. There was discussion. Warner said he will write to the Health Department attorney and ask what would be the proper forum to hear testimony on this matter. Fred Furman Poliander Road Claims that he has contracted disease from handling improperly - packaged medical waste for his former employer, TRC. Said Health Department representative Dave Bader did not relate correct details to the Health Advisory Committee when reporting on this matter. He said when he complained, as an employee, to a TRC supervisor about the medical waste problems, he was told to quit. "TRC throws so much bull around it would take a two -ton dump truck to haul It away." Jim Maricle Cedarville Road He spoke twice; remarks from both times are summarized here. Said he had hoped the Executive would give a report on Cedarville (she was not in the room when he said this). He visited Cedarville after closing and found: Unattended burning piles (he said the county does not have burning permits, either); the dump is being expanded to allow construction debris to be placed there; the expansion included some logging for which the county has no permit; the expansion is not set back far enough from the property edge; dead animals are being dumped there; recycling bin was too full to accept paper (for two weeks'in a row); garbage is not being regularly covered as required by law; and the odor is terrible. Said the Council needs to ride herd on the Executive because she is not getting the job done. John Llebrant Henry Street /Cedarville Road Said a friend told him he had dumped asbestos at the landfill at his employer's request; the friend later was fired for having told Llebrant about the situation. Hansey asked what this had to do with the County. Liebrant replied that Minutes, 4/20/89, Page 3 the County's landfill attendant had okayed the dumping. Liebrant also said the Executive should have given a report on the siting of a new landfill. Johnson said he had been called before the meeting by a constituent who was angry about Cedarville, particularly about the expansion and logging allegations. Hansey said after open session is closed, Johnson could comment. There was no further testimony; open session was closed. Johnson said he is tired of hearing about the County's actions from the public, rather than from the administration. JOHNSON MOVED THAT THE COUNCIL GET A FULL REPORT ON THE DUMP EXPANSION AND LAND CLEARING AT CEDARVILLE. Roehl said he would like to amend Johnson's motion. Until recently, Council had been receiving regular briefings by the administration on solid waste matters. ROEHL MOVED THAT THE REGULAR SOLID WASTE BRIEFINGS BE RESUMED. Warner said he was concerned about the continuing allegations regarding Thermal Reduction Co, and about the alleged asbestos dumping. If nothing else, it would-be poor in terms of public relations to conduct expansion /logging at the dump without permits or without leaving a buffer zone. There was more discussion. Hansey said he would try to clarify and restate the motion: HANSEY MOVED THAT THE COUNCIL REQUEST FROM THE ADMINISTRATION AT EACH COUNCIL MEETiNG A BRIEF REPORT ON SOLID WASTE ISSUES, COUNCIL WOULD LIKE SPECIFICALLY TO KNOW ABOUT CLEARING, ASBESTOS DUMPING, BUFFER ZONES, FULL RECYCLING BINS, AND EXPANSION. There was no objection to Hansey's restatement. Jackson said she was concerned that by the time Council gets a report, it is too late to correct certain things. For example, the trees will already have been clear -cut, and construction materials will have been dumped in the newly - prepared area which does not have a leachate collection system.' Motion carried. Johnson asked that Bob Jurlca,or the Executive come in to make a report. Hansey recessed the meeting for five minutes while Council members sought out an administrative representative (7 :35 to 7 :40). Following the break, Hansey announced that no administrative representatives were available. LeRVANO ill 1111AMMIMINUE'll None scheduled. Minutes, 4/20/89, Page 4 1. ORDINANCE AUTHORIZING THE ESTABLISHMENT OF CASH DRAWERS AND A CHANGE FUND FOR THE TREASURER'S OFFICE Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 2. ORDINANCE REVISING 1989 CURRENT EXPENSE FUND, NON- DEPARTMENTAL APPROPRIATION FOR RESTORATION OF ALCOHOL SERVICES FUND BALANCE Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 3. ORDINANCE REVISING 1989 CURRENT EXPENSE FUND, EXECUTIVE OFFICE APPROPRIATION THEREIN Warner said the Council had asked the administration to examine the County's financial system, and the response was the Matrix report. Worries about turf wars that could result from any reorganization have been addressed through a series of meetings among departments with major financial responsibilities. Department heads have decided they can tolerate reorganization, so long as someone is hired to help them do it. This fund revision would provide a full -time person who would be on board for several years, examining the system and writing procedures, determining what software would be most helpful. He said Finance recommended this be adopted, with Jackson opposed. Jackson said she opposes the move because a change in the financial system would be a tremendous burden on the staff. The County's time could be better spent lobbying through the Association of Counties for standardized :financial operations throughout the state. Johnson said the Treasurer's Office should supervise this new person, and that the County already has people on board who are capable of doing the work the new person would do. He, Roehl and Vanderpol said they'd Iike to hear Treasurer Barbara Cory's thoughts on the matter. Cory said she had mixed feelings about the proposal, but agreed that changes are needed to the County's financial system. She talked about the benefits good software would produce in terms of efficiency. The person hired will work under the Administrative Finance Committee, not any particular department, she said. Members of the AFC are Cory, Auditor Shirley Forslof, Budget Director Tom Sutberry, Brad Bennett of Public Works, Colleen Bates of the Port of Bellingham. 'She supports this move. Fors lof said she supports the staff addition as well. Talked about the benefits of,new software and a procedures manual; she pointed out that Council staff are among those who could testify that a manual is needed, because it has been traditionally difficult for new people to learn about the financial system; Minutes, 4/20/89, Page 5 nothing is written down, procedures are passed on by word -of- mouth. There was some discussion. JOHNSON MOVED TO AMEND THE ORDI NANCE SO THAT THE APPROPRIATION GOES INTO THE TREASURER'S BUDGET, RATHER THAN INTO THE EXECUTIVE'S BUDGET. Motion to amend failed. WARNER MOVED THAT THE ORDINANCE BE ADOPTED AS PRESENTED. Motion carried, with Burton, Johnson and Jackson opposed. 4. ORDINANCE REVISING OF 1989 CURRENT EXPENSE FUND, NON - DEPARTMENTAL APPROPRIATION FOR AMBULANCE SERVICES Warner said the County's contribution to the ambulance fund needs to be bigger because the budget estimates were off; the County is compelled through its interlocal agreement with the city to pay the money. There was discussion. RoehI said the request should have come to the County sooner than in April, but Warner said the shortfall was Just noticed. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried, with Roehl opposed. 5. ORDINANCE ... (REZONING) TO LIGHT IMPACT INDUSTRIAL ... FOR ELEVEN PARCELS TOTALLING ABOUT 49 ACRES ON THE EAST SIDE OF PACIFIC HIGHWAY BETWEEN HORTON ROAD AND STUART ROAD Burton said this ordinance has been - before the Planning and Development .committee a long time. Landscaping amendments to the County zoning code have been discussed at length, and the concomitant agreement has been amended so that property owners agree to abide by the yet -to -be adopted landscaping requirements. All but one landowner has been contacted to sign the agreement, because he /she could not be reached to get a signature. Another property owner has not yet agreed to sign. BURTON MOVED THAT THE ORDINANCE BE ADOPTED, WITH THE UNDERSTANDING THAT IT WILL NOT TAKE EFFECT UNTIL THE CONCOMITANT AGREEMENT HAS BEEN FULLY SIGNED. BURTON MOVED TO AMEND THE ORDINANCE TO REFLECT THE PUBLIC MEETING DATE OF APRiL 20, 1989 THAT TOOK PLACE ON THIS MATTER, AND TO OMIT THE PROPERTY FOR WHICH THE OWNER CAN NOT BE LOCATED. Motion to amend carried. Motion to adopt the ordinance carried unanimously. Minutes, 4/20/89, Page 6 6. ORDINANCE ... (REZONING) TO GENERAL COMMERCIAL FOR ABOUT 32 ACRES EAST OF 1 -5, FRONTING PACIFIC HIGHWAY FROM SLATER ROAD SOUTH TO APPROXIMATELY 500 FEET SOUTH OF WALDRON ROAD Burton reported that this item has been kept in the Planning and Development Committee, but that it will be brought forward for consideration at the 5/1/89 Council meeting. 7. RESOLUTION AUTHORIZING THE EXECUTIVE TO EXECUTE A JOINT POWERS AGREEMENT WITH THE CiTY OF BELLINGHAM FOR A LAKE WHATCOM RESTORATION PROJECT Burton said Planning and Development Committee recommended a "do pass." BURTON MOVED THAT THE RESOLUTION BE APPROVED. Motion carried. 8. RESOLUTION REVISING THE PUBLIC BENEFIT RATING SYSTEM USED BY WHATCOM'COUNTY TO DETERMINE ELIGIBILITY FOR OPEN SPACE AND TIMBER APPLICATIONS, PURSUANT TO RCW 84.34 Burton said this resolution seems to have more acceptance by the public than it has had in the past. He reported that Planning and Development recommended a "do pass." Roehl said he has criticized this resolution "rather soundly" in the past. Now he has been told that state law provides a 30 -day window for people to withdraw from open space when the rules are changed. This withdrawal is without penalty. It did not seem fair, he said, that someone who entered into an open space agreement 15 years ago should be penalized for withdrawal when the county ,changes the rules. Planning Director Dan Taylor said the open space parcels will be re- evaluated soon, the Assessor will send notices to the property owners, and alert them to the 30 -day window. There was discussion. BURTON MOVED TO APPROVE OF THE RESOLUTION. Motion carried. .[addendum Item] 9:- 'ORDINANCE AMENDING THE LYNDEN - NOOKSACK VALLEY SUBAREA COMPREHENSIVE PLAN MAP FROM URBAN RESERVE MEDIUM DENSITY TO LIGHT INDUSTRIAL PARK ... FOR A 9.89 ACRE PARCEL APPROXIMATELY 400 FEET NORTH OF TROMP ROAD ON THE WEST SIDE OF THE GUIDE MERIDIAN Burton reported that Planning and Development had brought this out of committee and recommended a "do pass." BURTON MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried. Minutes, 4/20/89, Page 7 MMMMMEM None scheduled. [Addendum Items below] 1. DISCUSSION OF PROCEDURE FOR APPOINTMENT OF COUNTY ASSESSOR (REVISED RECOMMENDED PROCEDURE IS ATTACHED; PREVIOUS VERSION, WITH BACKGROUND INFO, WAS DISTRIBUTED EARLIER THIS WEEK.) Hansey went through the procedures (on file under "Departments - Assessor"). Jackson raised questions about the appropriateness of advertising the position with qualificatlons for office; there are no qualifications for being an elected official, she said. Also, someone could be'appointed from the Department to fill the vacancy until the election. ROEHL RECOMMENDED THAT THE PROCEDURES BE ADOPTED AS PRESENTED. He said the procedures seemed to be appropriate. Johnson said he didn't like Personnel to screen the applications prior to their being delivered to the Council Office. There was lengthy discussion. WARNER MOVED TO AMEND THE PROCEDURES BY DELETING THE WORDS "AND ITS NECESSARY QUALIFICATIONS" FROM THE SECOND PARAGRAPH. Motion carried. ROEHL MOVED TO DELETE PARAGRAPH THREE, AND THE WORDS, "INCLUDING THOSE DEEMED] UNQUALiFIED." Motion carried. There was more discussion. Burton said the Council is "making a tar pit out of a pothole" because with Just seven months until the election, it would be simplest to ask the deputy assessor to continue running the office. Motion to adopt the procedures carried, with Warner, Jackson and Burton opposed. 2. REAPPOINTMENT OF MEMBERS TO THE SEWAGE CONTROL APPEALS BOARD Hansey explained that board appointees will be starting with a clean slate, serving four -year terms (instead of five, because it would conflict with county law) and setting uniform expiration dates for the appointees. The list and memos' given to Council members are on file under "Board and Commission Appointments" and in the reference file under "Sewage Control Appeals Board." ROEHL MOVED THAT THE MEMBERS BE REAPPOINTED. Motion carried. Minutes, 4/20/89, Page 8 1. *ORDINANCE TO REVISE THE 1989 CURRENT EXPENSE FUND, BUILDINGS AND CODE BUDGET THEREIN Introduced by consent; referred to Finance and Personnel Committee. 2. RESOLUTION APPROVING A COMPREHENSIVE COUNTY -WIDE RECYCLING PROGRAM AND AUTHORIZING SUBMITTAL OF GRANT APPLICATIONS TO THE REFERENDA 26 AND 39 GRANT PROGRAM FOR WASTE REDUCTION AND RECYCLING (PROPOSED BY JACK WEISS, ENVIRONMENTAL RESOURCE SERVICES) Johnson asked Warner to explain the resolution on behalf of the Public Services Committee. Warner said the grant money is available from the state, 'and that Environmental Resource Services will apply for the grant on behalf of the county. There was discussion. WARNER MOVED THAT THE RESOLUTION BE APPROVED. WARNER MOVED THAT THE RESOLUTION BE AMENDED (amendments were numerous; they are noted on a copy on file, and the final, signed copy reflects the changes). Motion to amend carried. There was more discussion. Motion to approve resolution carried. Hansey announced that there would be a one -hour executive session to discuss pending litigation. Prior to adjourning into Executive session, however, Johnson asked that an ordinance regarding out -of- county waste be brought out of the Public Services Committee for final consideration. It was introduced March 2 and was up for final consideration March 16; it had been kept in committee for revisions and was to be returned in April. Jackson, who proposed the ordinance, said no work has been done to the ordinance so it should be considered now. Hansey said it should be on the May 4 agenda. There was further discussion. Roehl said he thought the ordinance needed a publ is hearing. There was no determination made.. At 9 :20 p.m. the Council went into executive session at 9 :20 p.m. to discuss tort claims against the county. The meeting was adjourned at 10 :15 p.m. COM COUNT OUN IL ATTEST:' WHA OM COU T S I TON R mona Reeves,, Council Clerk �a ald G_ . H sey, Ch irman