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HomeMy WebLinkAboutCounty Council August 3 1989WHATCOM COUNTY COUNCIL August 3, 1989 The meeting was called to order at 7 :15 p.m. in the Council Chambers by Council 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 Minutes of the June 29 Council meeting were approved as presented. EXECUTIVE ITEMS Executive Shirley Van Zanten was absent; the items were presented by Budget Director Tom Sutberry. 1. BID AWARD RECOMMENDATION FOR REPLACEMENT OF THE BELLINGHAM SENIOR CENTER ROOF TO THE LOW BIDDER, BORDERS $ SON QUALITY ROOFING, INC., AT A TOTAL AMOUNT OF $14,553.35, INCLUDING SALES TAX Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 2. REQUEST FOR AUTHORIZATION TO INCREASE THE DOLLAR AMOUNT ON A CONTRACT WITH PAUL S. RUNNING AND ASSOCIATES FOR THE PREPARATION OF THE HAZARDOUS WASTE PLAN Warner reported that Finance recommended approval of this item. There was some discussion by Jackson of whether the extra research is needed; she felt that a state study had been conducted that may include some of the same information being sought here. WARNER REQUESTED THE ADMINISTRATION TO CHECK TO SEE IF INFORMATION ALREADY IS ON FiLE. HE MOVED TO AUTHORIZED THE INCREASE UNLESS IT IS FOUND NOT TO BE NEEDED. Motion carried. 3. NEW APPOINTMENT OF LESLIE PINKSTON TO THE WHATCOM COUNTY T.V. IMPROVEMENT DISTRICT I TO A FIRST,-FULL THREE -YEAR TERM TO RUN FROM 8/31/89 TO 8/30/92. SHE WILL BE REPLACING MARGE PHILPOTT WHO IS COMPLETING HER TERM ON THE BOARD AND DOES NOT WISH TO BE REAPPOINTED There was some discussion about what TV improvement districts are. Roehl Minutes, 8/3/89, Page 2 noted that the districts are formed to improve reception, and the district members fund and operate their own reception system. WARNER MOVED THAT THE APPOINTMENT BE CONFIRMED. Motion carried. 4. EXECUTIVE'S REPORT Sutberry distributed the following written reports, all on file as indicated: Solid Waste Update: (Solid Waste) Topics included waste reduction and recycling, solid waste management plan, new landfill siting, Cedarville weigh scales, Cedarville volume report. Litter Patrol Report: (Solid Waste) Included statistics of bags collected and roads worked. One -Year Road Program Report: (Roads) This report is effective through July 31, 1989. OPEN SESSION Lloyd Austin 1838 Lakeside He complained that the boat patrol is not visible enough and is not working to his satisfaction. He said he did not mean for his comments to reflect badly on Roger DeSpain, but that the people running the boat patrol "don't know what they're doing." Among his more specific complaints: The patrol is not very visible; other law enforcement agencies do not know where the boat is at all times; not enough citations are being issued; until recently there was no way for the boat's occupants to communicate with other agencies. He also said that when a private citizen reported the serial numbers of two errant boats to the Sheriff's Office, no action was taken, and that the person issuing citations from the boat is "too nice." Warner asked that the Clerk transcribe the substance of what was Just said and forward the information, in the form of a memo from the Chairman, to the Executive and Sheriff. There was more discussion. Hansey agreed to send memo. John Liebrant Henry Street /Cedarville Regarding the Golder Report, he noted that there is discussion about findings of cancer - causing substances in a well near his former home. Barbara Brenner 5617 Northwest Road The hearing on the ordinance form of the initiative banning the importa- tion of medical waste into Whatcom County (scheduled for 8/10) could have taken place at this meeting had the County opted for the Herald as its official newspaper rather than the weekly Westside Record - Journal /Lynden Tribune combination. She said it is important that the widest range of county residents have access to the information published as legal notices by the county. As a Minutes, 8/3/89, Page 3 result of checking County financial records, Brenner said she found the county spent just as much money on the Herald in years that it was the official newspaper as when it was not. She suggested the County have two official newspapers. Warner said the arguments one way or another could be video -taped and played every year when this decision is being made, because the arguments never differ. HEARING AND FINAL CONSIDERATION 1. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 8.12 BY ADDING THERETO A NEW PARAGRAPH FOR INCREASED FEES OR CHARGES TO BE IMPOSED FOR REFUSE AND /OR GARBAGE DISPOSED OF AT THE COUNTY LANDFILL SITE FOR ANY VOLUME IN EXCESS OF 80 CUBIC YARDS PER DAY Warner said Finance had kept this in committee, tabling it indefinitely. Hansey asked if the hearing would still need to take place. Randy Watts, Chief Civil Deputy Prosecutor, said no; but it would need to be advertised for a new hearing if ever it were brought before the Council for consideration again. Warner said it had turned out be a bad idea to pursue the ordinance. WARNER MOVED TO POSTPONE CONSIDERATION OF THE ORDINANCE INDEFINITELY. Motion carried. **HANSEY ANNOUNCED that CounclI would recess for 15 minutes to discuss the Robert Frost appeal, in Executive Session pursuant to RCW 42.30.140 (2). This had been scheduled for a Committee of the Whole meeting at 6 :30, which did not take place due to the length of the Public Services Committee meeting. The Council recessed at 7 :42, reconvening at 8 p.m. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. RESOLUTION IN THE MATTER OF DELAY OF COLLECTION OF NEW MOBILE HOME ASSESSMENT (KEPT iN COMMITTEE 7/20) This item was again kept in committee, awaiting preparation of paperwork by the Treasurer's Office. 2. ORDINANCE TO REVISE THE 1989 ROAD FUND BUDGET Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried. Items 3 -7 were not acted upon; they are to be scheduled for public hearing on September 7. 3. Ordinance amending Whatcom County Code chapter 15.04 and adopting, Minutes, 8/3/89, Page 4 by reference, the 1988 edition of the uniform building code, and certain appendices and standards thereto, except as herein modified, the uniform housing code, the uniform code for the abatement of dangerous buildings and certain other standards adopted by the state 4. Ordinance amending the whatcom county code, chapter 15.16, The uniform fire code and adopting by reference the 1988 edition of the uniform fire code and appendices thereto published by the interna- tional conference of building officials and the western fire chiefs association, except as modified herein, and repealing whatcom county ordinance no. 84 -40 5. Ordinance amending whatcom county code chapter 15.08 And adopting by reference the 1988 edition of the uniform mechanical code and certain appendices thereto, except as herein modified 6. Ordinance amending whatcom county code chapter 15.20 And adopting, by reference, the 1988 edition of the uniform plumbing code, uniform swimming pool, spa, and hot tub code and certain appendices thereto, except as herein modified 7. Ordinance setting forth rules and regulations for the installation of mobile homes on building sites, establishing an administrative procedure for the issuance of permits and providing for inspection thereof OTHER BUSINESS 2. *RECEIPT OF PETITION TO VACATE A PORTION OF DIVISION STREET FILED BY WHATCOM COMMUNITY COLLEGE (HEARING ON ENGINEER'S REPORT TO BE SCHEDULED; SUGGESTED REFERRAL TO PUBLIC SERVICES) 3. *RECEIPT OF PETITION TO VACATE A PORTION OF SALLY'S LANE, LUMMI ISLAND, FiLED BY STEVE LUKE (HEARING ON ENGINEER'S REPORT TO BE SCHEDULED; SUGGESTED REFERRAL TO PUBLIC SERVICES) Items 2 and 3 were referred to the appropriate committees. 4. REQUEST FOR RECONSIDERATION OF LYNDEN BORDER CROSSING REZONE TO TOURIST COMMERCIAL This item appeared on the addendum to the agenda at the request of Roehl and Hansey. Roehl reported that this item, which proposed a mini -mart near the border crossing, had been considered by the Planning Commission July 18 and denied by a 3 to 2 vote; there are normally nine members on the Planning Commission. Planning and Development received a request for reconsideration at this week's meeting, but the matter failed to leave the committee with a recommendation. Roehl said he felt the applicant, represented by attorney Craig Hayes, deserved an opportunity to present information to the Council in light of the poor attendance of the Planning Commission. Minutes, 8/3/89, Page 5 ROEHL MOVED THAT THiS ITEM BE SCHEDULED FOR DISCUSSION AT THE SEPTEMBER 7 COUNCIL MEETING SO THAT THE ATTORNEYS REPRESENTING BOTH SIDES OF THIS MATTER MAY MAKE A PRESENTATION TO THE COUNCIL. THE COUNCIL WOULD THEN MAKE A PRELIMINARY DECISION TO EITHER TAKE UP THE MATTER, REFER TO THE PLANNING COMMISSION FOR RECONSIDERATION, OR TO LET THE MATTER DIE. Vanderpol said to reconsider this matter would short - circuit the process. Roehl said the move would not be without precedent; the Nielson rezone request from Point Roberts was reconsidered amid similar, although not equal, cir- cumstances. Jackson said she, too, disagreed with taking up this matter because staff had recommended that it not be approved. She questioned how this matter came to be on the Council agenda, since it had not moved out of Planning and Deveiopment. She also said she resented the applicant's approach of the Planning and Development Committee. Hansey said he had approved the placement of this item on the agenda. Roehl said Hayes' request appeared on the committee agenda through proper channels, there was nothing sneaky about it. When projects are voted down by the Planning Commission on a 3 -2 vote, they deserve reconsideration, he said. There was more discussion. Vanderpol stated again that he did not Pike to see-the process short - circuited. Warner noted that Roehl's proposal would do exactly the opposite. Burton agreed that Roehl's proposal was proper and would not short - circuit the process. Motion carried with Jackson and Vanderpol in opposition. The clerk was ordered to notify Hayes, attorney Bob Tull, and the Planning staff by letter. 5. LAKE WHATCOM CONNECTOR UPDATE Hansey said that Executive Shirley Van Zanten will meet with her staff to discuss the next step in the process of doing a feasibility study on the road. Jackson questioned the procedure followed by Hansey in getting this matter underway; Hansey had written a letter requesting that Van Zanten direct her staff to apply for a state Transportation Improvement Account grant by September 1, circulating the letter to several Council members to get a consensus. She said there is a difference between casual communication among Council members and essentially taking action outside of the public arena on a matter that could potentlaliy lead to an expense of millions of taxpayers' dollars. Hansey said the grant application must be submitted by September 1, and that the grant fund will be funded if the gas tax is passed in a special state Legislative session. In order to get top consideration for the money, Whatcom County has to get its name in early; if the tax isn't passed, the point is moot, he said. Hansey said the CounclI has been talking about the problems relating to Lake Whatcom Boulevard for months. This would be an opportunity for a long - range'solution, rather than short -range band -aid planning, Hansey said. Of the $25,000 available to Public Works for such studies, about $2- $3,000 would be needed for the grant application. Jackson said the entire project could cost up to $19 million, and that a preliminary public hearing would be appropriate If the Council were to consider such a project. Roehl said the Connector has been in the six -year road program Minutes, 8/3/89, Page 6 for many years and that an extensive discussion had taken place during a Committee of the Whole meeting recently. There was more discussion. Jackson said she knows of several citizens who do not like the entire idea of the Connector. JACKSON MOVED TO HAVE A PUBLIC HEARING TO TALK ABOUT THE PROPOSED LAKE WHATCOM CONNECTOR PROJECT AS SOON AS POSSIBLE, ON SEPTEMBER 7. Johnson said he would rather have a Committee of the Whole meeting set up specifically for this one topic. JOHNSON AMENDED JACKSON'S MOTION TO HAVE THE HEARING SCHEDULED FOR THE COMMITTEE OF THE WHOLE MEETING ON SEPTEMBER 14. Warner said he would vote against the amended motion because the public has had lots of input, and that this idea (of the Lake Whatcom Connector) seems to appeal to people the most. After the grant- funded feasibility study, the Council should have a hearing. Vanderpol said he is all for public hearings, but that some issues need to be generated upon which to have a discussion. Johnson agreed. Jackson asked why County staff could not conduct the investigation or the pre -grant application work (the letter called for the hiring of an outside engineer and /or use of county staff). Hansey restated the motion before the Council. There was more discussion. Hansey said he met with the City of Bellingham Engineer and Council President and found that they already have the preliminary engineering work done on their portion of the Connector. ROEHL MOVED THAT THE COUNCIL VOTE IMMEDIATELY ON THE MOTION. Motion carried. The amended motion to have a public hearing failed. Jackson asked if the Council had officially asked the Administration to investigate the funding of a feasibility study on a Lake Whatcom Connector, and if so when it had taken such action. Hansey said the Executive had asked him for the concurrence of the Council before she would proceed any further. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION IN THE MATTER OF AMENDING RESOLUTION 88 -64, THE UNREPRESENTED EMPLOYEEIS SALARY RESOLUTION FOR 1989 The resolution provided for the addition of a public services inspector in the Buildings and Codes Division. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. c� Minutes, 8/3/89, Page 7 OTHER BUSINESS 1. RECEIPT OF INFORMATION ON REMAND REGARDING THE CONDITIONAL USE PERMIT APPLICATION OF ROBERT FROST (HEARING EXAMINER'S FINDINGS IN PACKET; OTHER INFORMATION ON FILE) JACKSON MOVED THAT BASED ON THE NEW INFORMATION GATHERED AT THE REMAND HEARING IT IS CLEAR THAT ROBERT FROST IS IN SUBSTANTIAL COMPLIANCE WITH THE CONDITIONAL USE PERMIT. AS A RESULT THE ORIGINAL DECISION RENDERED BY THE HEARING EXAMINER IS NO LONGER SUPPORTED BY THE ENTIRE RECORD AND SHOULD THEREFORE BE REVERSED. SHE MOVED TO REVERSE THE DECISION REVOKING THE CONDITIONAL USE PERMIT AND TO REINSTATE IT. Motion carried. INTRODUCTION 2. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS EQUIPMENT AND THE SETTING OF A DATE FOR PUBLIC HEARING THEREON PURSUANT TO RCW 36.34.020 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 3. RESOLUTION SETTING A HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 20 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 4. RESOLUTION SETTING A HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 21 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. (ITEMS 5 -17 RECEIVED BY CONSENT AND REFERRED TO THE INDICATED COMMITTEES) 5. *RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS EQUIPMENT AND THE HOLDING OF A PUBLIC AUCTION PURSUANT TO RCW 36.34 (HEARING TO BE SCHEDULED; SUGGESTED REFERRAL TO FINANCE) 6. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, L1' Minutes, 8/3/89, Page 8 REQUEST NO. 20 (HEARING TO BE SCHEDULED; SUGGESTED REFERRAL TO FINANCE) 7. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 21 (HEARING TO BE SCHEDULED; SUGGESTED REFERRAL TO FINANCE) 8. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, DISTRICT COURT APPROPRIATION THEREIN FOR JUDGESI SALARY INCREASE (FINANCE AND PERSONNEL) 9. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, SUPERIOR COURT APPROPRIATION THEREIN, FOR JUDGES' SALARIES AND CONTRACTS (FINANCE AND PERSONNEL) 10. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, CLERKS APPROPRIATION THEREIN FOR CONTINUED MICROFILMING (FINANCE AND PERSONNEL) 11. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, NON- DEPARTMENTAL APPROPRIATION THEREIN FOR AMBULANCE SERVICES (FINANCE AND PERSONNEL) 12. *ORDINANCE REVISING THE 1989 PUBLIC HEALTH FUND APPROPRIATION FOR IMMUNIZATIONS (FINANCE AND PERSONNEL) 13. *ORDINANCE TO REVISE THE 1989 COMMUNITY ECONOMIC REVITALIZATION BOARD FUND (FINANCE AND PERSONNEL) 14. *ORDINANCE TO REVISE THE 1989 EQUIPMENT RENTAL & REVOLVING FUND BUDGET (FINANCE AND PERSONNEL) 15. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, JAIL APPROPRIA- TION THEREIN FOR NURSING SERVICES (FINANCE AND PERSONNEL) 16. *ORDINANCE ADOPTING A COMPREHENSIVE PARK AND RECREATION OPEN SPACE PLAN AND ADOPTING A SIX -YEAR PARK AND RECREATION OPEN SPACE CAPITAL IMPROVEMENTS PROGRAM FOR 1990 TO 1996 (PLANNING AND DEVELOPMENT; WILL APPEAR ON 7/31 AGENDA AS WELL AS THE 8/14 AGENDA) 17. *ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY URBAN FRINGE COMPREHENSIVE PLAN MAP FROM URBAN RESIDENTIAL TO RURAL AND AMENDING THE OFFICIAL ZONING MAP FROM URBAN RESIDENTIAL -4 TO RURAL -5 ACRE FOR APPROXIMATELY 12 ACRES SOUTH OF MOUNT BAKER HIGHWAY AND WEST OF OLD BRITTON ROAD (PLANNING AND DEVELOPMENT) 18. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND BUILDINGS AND - CODES BUDGET THEREIN (PAPER RECID 8 -3 -89) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS THERE WILL BE A SPECIAL COUNCIL MEETING AUGUST 10 FOR A HEARING ON THE ORDINANCE BANNING THE IMPORTATION OF MEDICAL WASTE. Minutes, 8/3/89, Page 9 THE NEXT REGULARLY - SCHEDULED COUNCIL MEETING WILL BE AT 7 P.M. AUGUST 17, 1989. Strand Road: Johnson said Parks Director Roger DeSpain presented a plan for managing the Nooksack River, particularly those areas used by river - rafters, in the Acme Valley. He said it was a pretty good idea, but he felt that the state should take part in any plans to help preserve the river. The Committee asked DeSpain to write letters to the DNR and other groups to see if they would share in the cost of such a program. Additional Court Commissioners: Public Services liked the idea of adding a court commissioner hearing room in the Jail basement (at a cost of about $12,000), and approved the concept of remodeling other areas in the Courthouse. The Committee had asked N.F. Jackson to provide them with an ordinance authorizing the necessary contracts. Warner said they also asked Jackson to check with the Hearing Examiner, Planning Commission, and the Health Board Advisory Committee to see if the Chambers would be available more hours for court use. Goltz Report: Hansey said the space study being conducted by Barney Goltz should be available to the Council within two weeks. Solid Waste Comprehensive Plan: Warner said Jackson has complained that the solid waste plan submitted to the DOE does not reflect the version worked on by the Solid Waste Advisory Committee. WARNER MOVED THAT THE CHAIRMAN ASK THE ADMINISTRATION TO (1) DELINEATE IN SUMMARY FASHION THE DIFFERENCES BETWEEN THE PLANS, AND (2) TO PROVIDE FOR THE PUBLIC SERVICES AND SOLID WASTE COMMITTEE THE SWAC'S RESPONSE TO THE NEW PLAN. Motion carried. Lummi Island Ferry Rental: Johnson said he was concerned that he first learned of the County's agreement to rent the Lummi Island Ferry for a TV commercial in the Lummi Island newsletter. He did not like the idea. Public Works Director Paul Rushing said (in the newsletter) that it is within his authority to make all decision on the use of the ferry, so apparently a person should be able to rent the ferry for a private party. He said it is a serious matter that a non - elected person, such as Rushing, is able to do this. He also thought the rate charged for renting the ferry - $500 - was too cheap. He said it is absurd that one person can tie up the ferry without the Council knowing about it. Too many bureaucrats control the system, and the Council is being taken advantage of, he said. If renting the ferry is within Rushing's authority, perhaps the Council should take away that authority, he said. There was no further discussion. Mental Health Funds: The state is recalculating the mental health funds available to counties, Vanderpol said. Whatcom County is participating in a regional plan, one that the state is considering using as a model for other areas. Agreements among the involved counties are being worked out, and they are all very close to reaching an agreement. Minutes, 8/3/89, Page 10 Special Department Reports: It was noted that Dewey Desler, George Reid and Barb Cory will be making reports within the coming weeks. Vanderpol and Hansey both commented that they f ind the reports to be very interesting and informative. Water and Serer Meeting: Burton said the sub - committee that is reviewing the comprehensive sewer and water plan is meeting weekly, and will have a final report available soon. it will be passed on to the Council in late September or early October, he estimated. The meeting adjourned at 9 :05 p.m. ATTEST: WHATCOM COUNTY C LINCIL WHATTCOM COUNTY IN RA MR= Ramona Reeves, Council Clerk I 'Airiff /I-