HomeMy WebLinkAboutCounty Council April 6 1989r
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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.
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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:
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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.
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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
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Ramona Reeves, Councii Clerk na d
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