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HomeMy WebLinkAboutCounty Council April 6 1989r r WHATCOM COUNTY COUNCIL April 6, 1989 The meeting was called to order at 7 p.m. in the Council Chambers by Chairman Don Hansey. Other Council Members Present: Absent: Tom Burton None. Emily Jackson Corky Johnson Will Roehl Dan Warner Mary Vanderpol READING AND APPROVAL OF MINUTES The minutes of the Mar. 9 committee of the whole and Mar. 16 regular meetings were approved as submitted. : ►►J &3_ Hansey explained the difference between open session and a public hearing. [Chambers were crowded with people, many wishing to speak about Lake Whatcom Boulevard and Tweed Twenty concerns (see Open Session), or Acme Water District .(see public hearings).] IUM AM ilt".Iljg PRESENTATION TO KICK OFF WHATCOM COUNTY IN BLOOM (8 -10 MINUTES) Executive Shirley Van Z annual gardening contest) has goal is for Whatcom County to the founders of this contest, Lucio Rodriguez, gardener for of the park levy. 2. 3. 4. anten pi begun. become spoke. Roeder -oclaimed that Whatcom County in Bloom (an Parks Director Roger DeSpain said the a garden county. Molly Faulkner, one of A video was played about the contest. Home, thanked the Council for its support REQUEST FOR APPROVAL OF A BIDDERS LIST FOR FRESH FRUITS AND VEGETABLES FOR THE JAIL FOR THE NEXT SiX MONTHS - FOOD SERVICES, INC., AND MARYSVILLE PRODUCE REQUEST FOR APPROVAL OF FOOD SERVICES, INC. AS THE SOLE SUPPLIER OF FROZEN MEAT PRODUCTS FOR NOR -BELL CARE CENTER FOR THE NEXT SIX MONTHS BID AWARD RECOMMENDATION TO THE LOW BIDDER, DARIGOLD, INC., TO SUPPLY DAIRY PRODUCTS FOR THE NEXT SIX MONTHS, AT AN ESTIMATED TOTAL OF $13,513.95 FOR THE JAIL BID AWARD RECOMMENDATION FOR GROCERIES AND SUPPLIES FOR THE JAIL FOR THE NEXT SiX MONTHS TO THE LOW BIDDER, FOOD SERVICES, INC., AT AN ESTIMATED TOTAL OF $21,384.33 Van•Zanten presented all four of the above bid awards at one time. Minutes, 4/6/89, Page 2 Warner said Finance reviewed them and recommended approval. He also noted that Purchasing does a good job of securing bids, and probably has saved the county a good deal of money over the years. WARNER MOVED THAT THE BIDS FOR ITEMS 1 -4 BE AWARDED AS RECOMMENDED. Motion carried. 5. REQUEST FOR APPROVAL OF THREE ADDITIONAL TECHNICIANS IN ENGINEERING Van Zanten said any requests for staff outside of those provided for in the budget are brought to the Council for approval, even•if money is being diverted from other funds to pay for the extra staff. In this case, Engineering said it needs more help because of additional construction, development inspections, drainage problems, etc. (see letter from Ed Henken, on file). The cost: $54,000 for three technicians. The money will be taken from various programs. Hansey and Roehl asked, at different times, if this would mean Engineering will request more equipment for these technicians. Henken said no. Warner said Finance reviewed the request and recommended approval. He said Henken had indicated the county is eligible for rural arterial program grants, but lacks the staff to plan for the work; the additions would help this situation. WARNER MOVED THAT THE REQUEST BE APPROVED. Motion carried ( Hansey asked that his no vote be recorded). 6. MEMORANDUM FROM DANIEL TAYLOR, DIRECTOR OF LAND USE AND ECONOMIC PLANNING, AND RECOMMENDATION REGARDING PACIFIC HIGHWAY REZONE REQUESTS Taylor reported that he is getting modified concomitant agreements with the landowners in question that will set up landscaping requirements. He said he hoped to have them available for the next meeting. The Pacific Highway rezone ordinances will be scheduled for Planning and Development 4/19, Burton said. 7. EXECUTIVE'S REPORT Van Zanten presented the road progress report (filed under ROADS) and three reports from Personnel: Personnel annual report; health benefit fund; and the safety report (all three filed under PERSONNEL). Hansey asked if items 8A and 8B under "introduction" (listed on the addendum) could be considered at this time. There were no objections. INTRODUCTION OF RESOLUTIONS . 8A. RESOLUTION ORDERING THE SEGREGATION OF CERTAIN ASSESSMENTS WITHIN LOCAL AND ROAD IMPROVEMENT DISTRICT NO. 9 (SCHEDULED FOR PLANNING AND DEVELOPMENT 4/5) (RESOLUTION RECD iN COUNCIL OFFICE 4/4) Minutes, 4/6/89, Page 3 8B. RESOLUTION ORDERING THE SEGREGATION OF CERTAIN ASSESSMENTS WITHIN ROAD IMPROVEMENT DISTRICT NO. 8 (SCHEDULED FOR PLANNING AND DEVELOPMENT 4/5) (RESOLUTION RECD IN COUNCIL OFFICE 4/4) Taylor said the properties in question are being developed, and these segregations will allow them to pay for their own portions of the Road Improvement District. BURTON MOVED THAT THE RESOLUTIONS BE PASSED. Motion carried. OPEN SESSION John Liebrant Henry Street /Cedarville Road Asked why the Executive did not report on the landfill siting. Warner and others said they thought Harper and Owes representatives may be present; however, after a few moments it was determined that the Executive and the representative from Harper and Owes must have left the meeting. Roy Von Schottenstein Lake Whatcom Blvd. Safety and Preservation Association This new organization was started in February and has 350 "members and friends," he said. Purpose is to prevent the deterioration of Lake Whatcom Blvd. into a commuter route, and to protect the watershed, the scenic drive, etc. Talked about speeders, Strawberry Point construction problems. Wants a reasonable alternative for commuters from Sudden Valley created (submitted a petition bearing about 350 signatures, unverified. Filed under ROADS). Hansey asked if Public Services would review the situation; with the explosion of activity in Sudden Valley, maybe alternative roads are needed. Roehl asked if anything is being done about the Lake Whatcom Connector (a route that would run from Sudden Valley to Interstate 5; on the road plan). Henken said the connector plus an upgrade of Lake Louise Road would ease some traffic problems. However, there is no money for the project, even though it appears on the six -year road improvement program list. An alternative would be to upgrade Euclid, putting a road from Lakeway through to the south side of old Geneva School. Such a proposal would need strong Council support because residents in that area would probably not be too happy about it. Hansey asked Public Services to look into the matter; Johnson said the committee would. Barbara Brenner 5617 Northwest Road Said Council should do something about the health risks posed by Thermal Reduction Co.; Council members have been given affidavits from some workers telling of bad conditions (NOTE: A copy has not been submitted to the Council Office for filing). Wanted the Council to support her initiative petition to ban the importation of medical waste. Warner asked if it would be constitutional; Brenner said yes, will give him a citation to consult. Doug Brown Tweed Twenty Area Developers may be buying land in that area; don't oppose them, but residents feel a connector from Britton Road to the Mount Baker Highway would drastically increase traffic. Submitted a petition bearing more than 200 signatures to Public Services (on file ROADS). Hansey asked Taylor to Minutes, 4/6/89, Page 4 comment. Taylor said if a plat is developed north of Magrath Road, it will be connected to Sunset Drive. Hansey asked that the Planning and Development Committee look Into this matter. Joe O'Brien Magrath Road Said city and county engineers and planners don't know what each other is doing. Gave copies of subarea plans for city planning (on file ROADS). Lloyd Austin No address Asked why the Lake Whatcom Watershed Committee is continuing to study the lake to death, instead of taking some sort of action to solve the watershed's problems. HEARINGS AND FINAL CONSIDERATION 1. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 13 [PUBLIC HEARING SHOULD TAKE PLACE, ALTHOUGH TREASURER'S OFFICE HAS REQUESTED THAT THIS ITEM BE WITHDRAWN] The hearing was opened. There was no comment. The hearing was closed. Warner reported that the Treasurer's Office requested this item be withdrawn; apparently the interested party is no longer Interested. 2. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 11 The hearing was opened. There was no comment. The hearing was closed. Warner reported that Finance recommended approval. WARNER MOVED THAT THIS RESOLUTION BE APPROVED. Motion carried. 3. PETITION ASKING THE COUNCIL TO CALL A SPECIAL ELECTION, BY RESOLUTION (SEE ITEM 1 UNDER INTRODUCTION), TO DETERMINE WHETHER A WATER DiSTRICT SHALL BE ESTABLISHED IN ACME AREA The hearing was opened. Pete Visser Attorney Said is available to answer questions; he helped develop the petition. Niel Rothenbuller Acme Had questions about the water district formation (how the taxes work, does the existing water system need to be brought up to code, etc.) Visser and Prosecuting Attorney Dave Cottingham got up to answer questions. Roehl said, however, that all the Council must do is determine whether an election should take place. Visser said it would be more appropriate to have questions answered at a,Acme community meeting. Burton said the Council is not responsible for fact- finding. Minutes, 4/6/89, Page 5 Pete Visser Said the measure should be placed on the ballot. The state grant paid for Acme's new well, but state money can't go to a private group; that's why the county stepped in. If residents want control of the water system, it needs to form a water district, he said. Betty Lou Close Acme property owner No shareholder meeting was called to discuss if this step should be taken; they should have been consulted, she said. She asked if a school district could own a water system. Hansey said he didn't know. He said the Council does not have control over Acme Water Association meetings; he reiterated that the Council only needs to decide if this matter should be on the ballot. Close asked if the water district question could be explained in full on the ballot. Roehl said it is up to the community to discuss the matter, that people have to educate themselves as best they can. Burton said the county is merely following state law in deciding the ballot question at this stage. Hansey said a question and answer sheet (made up by Council staff) in the Council's agenda packet may help address some of the questions. Gary Smith Acme Copies of the question and to every household in Acme, he said meeting between now and May 16. Shirley Forslof Auditor answer sheet already have been distributed , adding that there will be a public Explained that the ballot title is defined by law. Also said if the Council does not set the election for May 16, the next available election date will be in November. Betty Lou Close The petition was drawn up without the shareholders' knowledge, she said. The action was taken by former association board members. She asked how valid the petition could be if the attorney who drew it up was not authorized to do so by the 'shareholders. Pete Visser The association won't get a bill from him, he said. The district, if formed, will be billed; if not formed, the bill will be trash. The hearing was closed. Item 1 under "introduction" was moved to this point: fLl .'a 1. RESOLUTION CALLING FOR A SPECIAL ELECTION TO DETERMINE WHETHER WATER DISTRICT 18 SHALL BE ESTABLISHED IN ACME (SEE ' iTEM 3 UNDER "HEARINGS... ") (PAPERWORK IS THE SAME) Johnson reported that Public Services recommended the resolution be passed subject to the public hearing's outcome. JOHNSON MOVED THAT THE RESOLUTION BE PASSED. Motion carried. �j Minutes, 4/6/89, Page 6 Hansey called for a break at 8:40 p.m. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE AMENDING THE LYNDEN - NOOKSACK VALLEY SUBAREA COMPREHENSIVE PLAN MAP ... AND THE ... ZONING MAP ... FOR A 9.89 ACRE PARCEL APPROX. 400 FT. N. OF TROMP ROAD WEST OF GUIDE MERIDIAN Burton reported that this item will be kept in committee. 2. ORDINANCE AMENDING CHAPTER 2.02 OF THE WHATCOM COUNTY CODE, HAVING TO DO WITH COUNCIL PROCEDURES Warner asked that a typo be corrected on the second page, so that "Health and Human Services" and the "Health Department Advisory Committee." This was done. WARNER MOVED THAT THE ORDINANCE BE ADOPTED AS CORRECTED. Motion carried 6 -0 (Johnson was out of the room). 36 ORDINANCE FACILITATING THE UPDATE OF WHATCOM COUNTY'S COMPREHENSiVE SOLID WASTE MANAGEMENT PLAN ... AND AUTHORIZING THE EXECUTION OF INTERLOCAL AGREEMENTS NECESSARY FOR THE PREPARATION AND IMPLEMENTATION OF THE PLAN Vanderpol said this was kept in the Public Services Committee. 4. ORDINANCE REGARDING A SUPPLEMENTAL APPROPRIATION FOR THE 1989 REAL ESTATE EXCISE TAX FUND FOR EXTENSION OF WATER LINES Warner said Finance recommended adoption of this ordinance. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried 6 -0 (Johnson was out of the room). 6. ORDINANCE REVISING CHAPTER 2.11 OF THE WHATCOM COUNTY CODE TO EXPAND ROLE OF COMPUTER COMMITTEE AND CLARIFY THE ROLE OF THE INFORMATION CENTER Warner reported that Finance recommended adoption of the ordinance, with the amendment that it take effect July 1, 1989. 1, 1989. WARNER MOVED THAT THE ORDINANCE BE ADOPTED, TO BECOME EFFECTIVE JULY Motion carried unanimously. 5. ORDINANCE AMENDING ORDINANCE 82 -64, ALCOHOL REVOLVING FUND Warner said this changes the fund name to fit with the new Combined Treatment organization, and reduce petty cash; Finance recommended adoption. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried. Minutes, 4/6/89, Page 7 7. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, PLANNING DEPARTMENT'S APPROPRIATION THEREIN, TO RESPOND TO INCREASING WORKLOAD Warner said Finance recommended adoption of this ordinance. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried. OTHER BUSINESS 1. *RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO. A.A. 3 -89, SYLVIA SCHONBERG, ET AL (SEACLIFFE DEVELOPMENT IN POINT ROBERTS) (AWAITING ARGUMENTS OF APPELLANTS; INFO ON FILE) 2. *RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO. C.U. 2 -89, HERMAN PELLEBOER (PERMIT TO BUILD HOUSING FOR SEASONAL WORKERS, MISSION ROAD) (AWAITING APPELLANT'S ARGUMENTS; INFO ON FILE) Items 1 and 2 were received by consent. Information is on file; is scheduled to come before the Council on May 6. 3. APPOINTMENTS TO HEALTH ADVISORY COMMITTEE WARNER MOVED THAT THE PRESENT MEMBERS OF THE HEALTH BOARD BE APPOINTED TO SERVE ON THE HEALTH ADVISORY COMMITTEE (WARNER, HANSEY, BURTON). Burton said he is too busy to serve on the committee. JOHNSON MOVED THAT THE MOTION BE AMENDED TO APPOINT JACKSON IN BURTON'S PLACE. Motion carried unanimously. JOHNSON MOVED THAT BOB MOORE BE REAPPOINTED TO SERVE IN THE AT -LARGE POSITION. There was brief discussion; there were no other nominations. Motion carried unanimously. 5. AWARDING OF BID FOR THE OFFICIAL COUNTY NEWSPAPER, FOR THE PERIOD OF JULY 1, 1989 THROUGH JUNE 30, 1990 4 Warner said Finance recommended that the Bellingham Herald be awarded the bid for official county newspaper, although Vanderpol objected. Warner said unsolicited public comments indicated that advertising in the Herald ?' wouid best serve the public's interest. WARNER MOVED THAT THE HERALD BE AWARDED THE CONTRACT FOR THE OFFICIAL ` COUNTY NEWSPAPER FROM JULY 1, 1989 TO JUNE 30, 1990. ` Johnson said the Westside Record Journal should get the bid because It is the low bidder (seven one - thousandth of a cent lower than the Herald's bid). There was discussion. Forslof said the combined bid by the Lynden Tribune and Westside Record - Journal may not be legal because the bid didn't mention combination bids would be accepted. Jackson said the Herald could Minutes, 4/6/89, Page 8 have combined with USA Today. Cottingham said he didn't think the language restricted combinations. There was more discussion. Hansey said a roll call vote would be taken, with each Council member stating his /her preference. The first to get four votes wins the bid award. The votes (three were taken) were as follows: I. Hansey, Vanderpol - Lynden Tribune /Westside Record Journal Johnson, Burton - Westside Record Journal Warner, Jackson, Roehl - Herald II. Hansey, Vanderpol, Burton - Lynden Tribune /Westside Johnson - Westside Warner, Jackson, Roehl - Herald III. Hansey, Vanderpol, Burton, Johnson - Lynden /Westside Warner, Jackson, Roehl - Herald The bid was awarded to the Lynden Tribune /Westside Record - Journal combination. 4. RESOLUTION AMENDING RESOLUTION 88 -55 (JOINT RESOLUTION WITH CITY REGARDING CREATION OF LAKE WHATCOM WATERSHED COMMITTEE) Burton said the resolution is a housekeeping measure, noting that there will be a representative from the Health Advisory Committee (instead of the Health Board, which now is the Council) on the Lake Whatcom Watershed Committee. BURTON MOVED THAT THE RESOLUTION BE APPROVED. Motion carried. The document was ordered sent to the city for action by the city council. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 2. RESOLUTION AUTHORIZING THE EXECUTIVE TO EXECUTE A JOINT POWERS AGREEMENT WITH THE CITY OF BELLINGHAM FOR A LAKE WHATCOM RESTORATION PROJECT Burton said the Executive requested that this be kept in committee and asked that it be assigned to the newly- formed Lake Whatcom Watershed standing committee. Hansey said it was so ordered. 3. RESOLUTION APPROVING THE ACTION OF THE STATE OF WASHINGTON COMMUNITY ECONOMIC REVITALIZATION BOARD AND ISSUANCE OF NON - RECOURSE REVENUE BONDS TO FINANCE AN INDUSTRIAL DEVELOPMENT FACILITY FOR GRANNY'S GOURMET MUFFINS, INC., AND PROVIDING FOR OTHER MATTERS RELATING THERETO 4. RESOLUTION APPROVING THE ACTION OF THE STATE OF WASHINGTON COMMUNITY ECONOMIC REVITALIZATION BOARD AND THE ISSUANCE OF NON- RECOURSE REVENUE BONDS TO FINANCE AN INDUSTRIAL DEVELOPMENT FACILITY FOR D.J.S. 8 T PRODUCT DEVELOPMENT AND ENGINEERING COMPANY AND PROVIDING FOR OTHER MATTERS RELATING THERETO Burton said these CERB loans would improve two businesses; Granny's Minutes, 4/6/89, Page 9 Muffins and DJS 8 T. There was discussion about the booming muffin business. Vanderpol asked why the Council should give its blessing to a business whose books it has not audited. Roehl said the business applies for the loan and the CERB board reviews the request. If the business is sound, they pass a resolution saying that this would be a good idea. A local government has to endorse the application. Then the business can go to a bank and try to get a loan. It is up to the bank to screen the business. There was more discussion. BURTON MOVED THAT THE ABOVE TO CERB LOAN RESOLUTIONS BE APPROVED. Motion carried. 5. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 14 6. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 15 7. RESOLUTION SETTING A DATE FOR PUBLIC HEARING FOR DECLARING A PROPERTY PARCEL AS SURPLUS, PURSUANT TO RCW 36.34.020 (LOCATED NEXT TO PARK DEPT. RIFLE RANGE, OWNED BY COUNTY) Warner said Finance reviewed all three resolutions (5, 6, 7) which would each set a hearing for the sale of county property, and recommended approval of all three. WARNER MOVED THAT THE THREE RESOLUTIONS BE APPROVED, AND THAT HEARINGS BE SCHEDULED. Motion carried. 8. RESOLUTION AUTHORIZING THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR THE SALE OF COUNTY -OWNED PROPERTY This item will be acted upon after the public hearing set up via resolution number 7, above. Items 9 through 14 were introduced by consent and referred to the appropriate committees. 9. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 14 (FINANCE) 10. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 15 (FINANCE) 11. *ORDINANCE AUTHORIZING THE ESTABLISHMENT OF CASH DRAWERS AND A CHANGE FUND FOR THE TREASURERfS OFFICE (FINANCE) 12. *ORDINANCE REVISING 1989 CURRENT EXPENSE FUND, NON - DEPARTMENTAL APPROPRIATION FOR RESTORATION OF ALCOHOL SERVICES FUND BALANCE (FINANCE) 13. *ORDINANCE REVISING 1989 CURRENT EXPENSE FUND, EXECUTIVE OFFICE APPROPRIATION THEREIN (FINANCE) J Minutes, 4/6/89, Page 10 14. *ORDINANCE REVISING OF 1989 CURRENT EXPENSE FUND, NON - DEPARTMENTAL APPROPRIATION FOR AMBULANCE SERVICES (FINANCE) Committee of the Whole for April 13 is cancelled; there will be a meeting April 27 to discuss the sewer and water plan. County flag should be displayed in the Chambers, Johnson said. Clerk was told to track down a pole and stand and try to have it displayed by the next Council meeting. Lake Whatcom Watershed Committee - Mary Vanderpol was appointed to serve in Corky Johnson's place on the committee. There was talk of various upcoming meetings and events. Incinerator tours - clerk was asked to find out how /when the council could tour local incinerators. The meeting adjourned at 9:30 p.m. WHATCOM ATTEST: TCOM Ramona Reeves, Councii Clerk na d C9qUNCIL �VVASH I NGTON y, Cha