Loading...
HomeMy WebLinkAboutCounty Council December 21 1989WHATCOM COUNTY COUNCIL DECEMBER 21, 1989 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey in the Council Chambers. Other Council Members Present: Absent: Tom Burton Emily Jackson Corky Johnson Will Roehl Dan Warner Mary Vanderpol READING AND APPROVAL OF MINUTES Minutes of the November 16 meeting were approved as presented. EXECUTIVE ITEMS 1. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT FOR PROFESSIONAL SERVICES FOR THE PERFORMANCE OF ALL GUARDIAN AD LITEM DUTIES IN THE JUVENILE DIVISION OF THE WHATCOM COUNTY SUPERIOR COURT WITH COLLEEN ROGERS, MARY ANN DAVIS AND DENISE GEORGE- BRENNAN Executive Shirley Van Zanten distributed a memo from Superior Court Clerk N.F. Jackson (on file: Superior Court). She said Davis and Brennan work for the state Department of Social and Health Services, but would resign if they were awarded the county contract. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Roehl opposed the motion, citing a perceived conflict of interest on the part of Davis and Brennan. Currently the pair take an advocacy position in cases where DSHS is trying to remove a child from its parents. To allow them to serve as guardian ad litems, supposedly acting in the best interest of the child, would be a mistake, Roehl said. Motion carried, with Roehl and Jackson opposed. 2. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT FOR PROFESSIONAL LEGAL SERVICES IN PERFORMING ALL SUPERIOR COURT, JUVENILE DEPARTMENT OF THE SUPERIOR COURT, AND DISTRICT COURT CONFLICT CASES THAT ARE CONSIDERED TO BE CONFLICT OF INTEREST CASES FOR THE WHATCOM COUNTY PUBLIC DEFENDER AND WITHIN THE SCOPE OF INDIGENT DEFENSE Minutes, 12/21/89, Page 2 Van Zanten said the services will be performed at the rate of $50 an hour. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 3. REQUEST FOR APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF ROAD SALT FOR THE WINTER SEASON TO ASSURE A CONVENIENT, CONTINUOUS AND READILY AVAILABLE SOURCE AND SUPPLY OF SALT AT THE LOWEST COST FOR JOBS, AS NEEDED Van Zanten said this salt is used to de -ice roads. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 4. BID AWARD RECOMMENDATION FOR PICNIC TABLE FRAMES TO THE LOWEST RESPONSIVE BIDDER, PACIFIC PLAYGROUND, INC., FOR 194 FRAMES (TWO PER TABLE) AT $76.21 EACH, FOR A TOTAL OF $15,938.19, INCLUDING SALES TAX Van Zanten said the table frames will be purchased with money from the Parks levy. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED., Motion carried. 5. EXECUTIVE'S REPORT Buildings & Codes Report: For the month of November, showing volume of activity in unincorporated areas. About $71 million in revenues were generated, mostly from single - family residential construction. Developmental Disabilities Concerns: Van Zanten said DSHS unilaterally decided how some county services would be offered. She introduced DD Director Carl Allen, who explained the situation further. He urged the Council to join the Developmental Disabilities Board in asking the Governor and Legislators to place a moratorium on DSHS's plans, and to study the issue further. Warner, Jackson and Allen discussed the matter further. JACKSON MOVED TO HAVE CHAIRMAN HANSEY WRITE A LETTER OF Minutes, 12/21/89, Page 3 ENDORSEMENT AND SENT IT TO THE GOVERNOR AND AREA LEGIS- LATORS. Motion carried. (Letters can be found in Hansey correspondence) Van Zanten requested that item 2 -under Other Business be brought forward at this time. Hansey concurred. OTHER BUSINESS 2. REPORT FROM HEALTH OFFICER ON FINDINGS REGARDING THE MUENSCHER SOLID WASTE FACILITY PERMIT APPLICA- TION Health Officer Dr. Frank James distributed a report on his decision, to date, regarding the Muenscher demolition landfill permit application (on file: HDAC, Muenscher). He called for quarterly testing of water in the area to monitor possible contamination, and approval of the permit.. It may be possible, he said, for the Council to require an EIS on the permit application; however, the Health Department can not. Extensive development is planned for the area, and James discussed the ramifications in some detail. He noted that the paperwork presented at the meeting was a draft report, and that the site will be inspected routinely. He said tougher standards are needed because the county really has no regulatory authority over these landfills. There was discussion. James said he expected to make a final decision on the permit later in the week. ADD: SPECIAL ORDER OF BUSINESS (follows Executive's Report) REPORT FROM PROSECUTOR'S OFFICE Civil Deputy Prosecutor Randy Watts briefed the Council on the litigation regarding the medical waste ordinance. The preliminary injunction recently granted merely maintains the status quo, he said. There was discussion about possible delaying tactics that could be taken by Browning- Ferris Industries, which opposes the ordinance, and steps the county could take to combat such action. Hansey noted that attorneys for Safe Waste Management Now were in the audience, and would be welcome to speak in open session. OPEN SESSION Barbara Brenner, 5617 Northwest Road: Talked about the challenge to the medical waste ordinance by BFI. Read the stipulation that Watts signed, alleging that it increases the likelihood of BFI's success in the case. Doug Bestle, Vietnam Veterans Assn.: Spoke on behalf of the resolution Minutes, 12/21/89, Page 4 proposing a county park dedicated to Vietnam Veterans. Art Castle, Building Industry Assn.: Discussed facts relevant to the Planning Commission nominations: None of the eligible, serving members were nominated to serve again; concerned about need for a unanimous vote on the Point Roberts comprehensive plan, since only members • who have served during the recent rash of hearings are eligible to vote on it; spoke highly of track record of Planning Commission. Jeffrey Bode', No address: The forest practices ordinance needs some revisions, as suggested by Bode' and fellow attorney Stafford Smith. He said they are content with it, however, knowing that it only is an interim ordinance. Ed Morris, 5617 Northwest Road: Urged that the Council listen to the attorneys for Safe Waste Management Now. He opposes the injunction. John Liebrant, Henry Street: County is operating Cedarville without a permit, and all people responsible should be arrested for a misdemeanor. Robert French, 5040 LaBounty Road: Spoke on behalf of medical waste ordinance. Martin Keeley, S. Beach Road, Pt. Roberts: Said the environment will be the top issue in the 1990s. Supported forest practices ordinance, and also urged the Council to appoint people who are concerned about the environment to the Planning Commis- sion. Vivian Lenssen, E. Hemmi Road: Brought her six kids to the meeting, said she is constantly thinking about the demolition landfill that former Council member Bob Muenscher will be operating next to their home, and the impact it will have. Said it is wrong to put such a landfill in private hands. Plans tolhave people write the Governor in order to get some justice. Stan Lenssen, 2034 E. Hemmi Road: He asked the Council what it proposed to do about demolition waste being stockpiled by private companies, waiting to go to Muenscher's landfill. He said more than 100 tons of roofing material is being stored at one location. Skagit County has a lined facility for demolition waste. Talked about possible dangers to water quality due to Muenscher's landfill. Arne Klaus, 2801 Donovan Street: Planning Commission nominations should not be reopened, it would not be fair to the public process. Bob Anderson, No address: Said he is a land use consultant who has worked extensively on the Point Roberts comprehensive plan. He spoke against changes to the Planning Commission because it could mean that months' worth of work would go to waste. Minutes, 12/21/89, Page 5 Open session was closed. HEARINGS AND FINAL CONSIDERATION 1. PETITION TO VACATE A PORTION OF JUNE ROAD, FILED BY FRED DORRFELD, ET. AL. (NOTE: DUE TO PROCESSING DELAY, THIS HEARING WAS OPENED 12/7 AND CONTINUED TO DEC. 21) Hansey opened the hearing. Dick Fowler, Arnason Realty: Owns property next to the June Road area, property would be land - locked if the vacation were granted. Against vacation. Tom Follis, Sec. of Bakerview Land Co.: Owns 118 acres in the area, the June Road vacation would adversely affect access to that property. Fred Dorrfeld: The applicant. He said it would be impractical to improve or use June Road, because it requires so much fill. The hearing was closed. Vanderpol said Public . Services recommended that the vacation be denied. VANDERPOL MOVED THAT THE VACATION REQUEST BE DENIED. Motion carried. 2. ORDINANCE ESTABLISHING A SPEED LIMIT ON A PORTION OF NORTHWEST DRIVE (NORTHWEST ROAD) (45 MPH) The hearing was opened. Mike Cosisco of Ferndale recommended that the speed limit be set at 35 so people would actually drive at 40 mph. Charlene Blair of Northwest Road thanked Johnson and Jackson for pursuing the speed limit reduction, although she would have preferred more of a reduction. The hearing was closed. Vanderpol said Public Services recommended that the ordinance be adopted. VANDERPOL MOVED THAT THE ORDINANCE BE ADOPTED. There was discussion of possibly lowering the speed limit to 35 mph. Minutes, 12/21/89, Page 6 Motion carried unanimously. 3. ORDINANCE ESTABLISHING A SPEED LIMIT ON A PORTION OF DRAYTON HARBOR ROAD The hearing was opened. No one , testified and the hearing was closed. Vanderpol said Public Services reviewed the ordinance and recommended adoption, with some minor amendments as provided by Burton. There was short discussion. VANDERPOL MOVED THAT THE ORDINANCE BE ADOPTED AS AMENDED BY THE PUBLIC SERVICES COMMITTEE. Motion carried unanimously. 4. ORDINANCE ESTABLISHING A WEIGHT RESTRICTION ON A PORTION OF DRAYTON HARBOR ROAD The hearing was opened. No one testified and the hearing was closed. Vanderpol said Public Services reviewed the ordinance and recommended adoption, with some minor amendments as provided by Burton. There was short discussion. VANDERPOL MOVED THAT THE ORDINANCE BE ADOPTED AS AMENDED BY THE PUBLIC SERVICES COMMITTEE. Motion carried unanimously. Hansey recessed the meeting from 8:37 to 8:47 p.m. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE AMENDING ORDINANCE 89 -96, CREATING A PERMANENT MENTAL HEALTH COMMISSIONER POSITION Warner reported that Finance twice reviewed the proposed ordinance, in detail. He said no additional money will be spent nor will there be cost savings. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. Minutes, 12/21/89, Page 7 2. ORDINANCE TO REVISE THE 1989 CURRENT EXPENSE FUND, BUILDINGS AND CODE BUDGET THEREIN Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 3. ORDINANCE TO REVISE THE 1989 SOLID WASTE BUDGET Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 4. ORDINANCE REVISION TO THE 1989 CURRENT EXPENSE FUND, DISTRICT COURT APPROPRIATION THEREIN Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 5. ORDINANCE AMENDMENT TO CHAPTER 3.04 OF THE WHATCOM COUNTY CODE REGARDING CONTINUING APPROPRIATION AUTHORITY Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 6. ORDINANCE RE- ESTABLISHING OF THE PARKS IMPROVEMENT FUND AS A CAPITAL IMPROVEMENTS FUND Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 7. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, JAIL Minutes, 12/21/89, Page 8 APPROPRIATION THEREIN FOR INMATE POPULATION RELATED EXPENSES Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 8. ORDINANCE REVISING THE 1989 PUBLIC HEALTH FUND APPROPRIATION FOR JAIL SERVICES Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 9. ORDINANCE RESTRICTING THE DEVELOPMENT OF LAND FOR SIX YEARS UNLESS A DECLARATION OF CONVERSION IS MADE AT THE TIME OF THE FOREST PRACTICES APPLICATION Burton said Planning and Development reviewed the ordinance. Due to the technical nature of the proposal, he asked Planning Director Dan Taylor to explain it. Taylor said the ordinance ratifies what the state says the County can do to regulate forest practices, and sets the stage for future regulations. Burton said the County is looking for more control and influence over these permits because large tracts of land are being clear -cut. This measure will ensure some planning of that land. BURTON MOVED THAT THE ORDINANCE BE ADOPTED. There was some discussion. Motion carried unanimously. 10. ORDINANCE EXTENDING OFFICE HOURS ON THURSDAYS FOR AUDITOR'S OFFICE DEPARTMENT OF LICENSING Vanderpol said the Auditor suggested extended hours of service in response to public comments. There was some discussion. VANDERPOL MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. Minutes, 12/21/89, Page 9 OTHER BUSINESS 1. APPEAL OF HEARING EXAMINER'S DECISION ON BAKER MOUNTAIN R.V. PARK, FILED BY GEORGINA AND MICHAEL HEAD Haney and Roehl went over the standard of review language from Title 20. WARNER MOVED THAT THE HEARING EXAMINER BE AFFIRMED. Warner said the Council should uphold the Hearing Examiner not because it is a good plan (the RV park) but because the Hearing Examiner did not make an error of law. Roehl said it was a complicated issue, and discussed the vested rights doctrine (if laws change after you apply for a permit, your rights are vested under the old laws). The issue is interesting, he said, because the decision was made by the Supreme Court, in a case that was not before it. Subsequently it has been cited in Superior Court decisions, which makes it binding on the Council in this case. This issue probably needs clarification by the appellate courts, Roehl said, but at this time the Council must follow the doctrine. Warner said the vesting of rights is a bad policy because it seems to circumvent the planning process, encouraging people to hurry up and apply for permits before the laws change. There was more discussion. Warner said it would be a good case to take to Superior Court, adding, "we're looking forward to that." Roehl said there was another argument made by the opponent, but that he thought Warner's motion addressed the matter. Motion carried unanimously. 3. APPOINTMENTS TO VACANCIES ON BOARDS AND COMMISSIONS: PLANNING COMMISSION -- Warner said both administrative and political issues have come to the surface, and that the following motion may address the administrative concern: WARNER MOVED THAT THE PLANNING COMMISSION APPOINTMENTS MADE TONIGHT BE MADE WITH THE TERMS EFFECTIVE FEBRUARY 1, 1990 IN ORDER FOR THE PRESENT PLANNING COMMISSION TO COMPLETE ITS RECOMMENDATIONS ON THE POINT ROBERTS COMPREHENSIVE PLAN. He said there is no prohibition on making such appointments. Hansey said he would "speak vigorously against the motion." Council is breaking a precedent by not nominating existing Planning Commission members for reappointment (for clarification purposes, Haney was speaking specifically of Roger Almskaar, who was eligible for Minutes, 12/21/89, Page 10 appointment to District three, after moving from District H where he had served for one year; and Dave Simpson, Planning Commission chairman, who was eligible for reappointment to another term in District III). Jackson argued that the nomination process had been valid. She talked about the increased interest in the Planning Commission, with more than 55 people applying for the four vacancies. Vanderpol objected to Simpson and Almskaar not having been nominated, and said it was presumptuous of the Council to ask them to serve an additional month. Roehl asked if Simpson and Almskaar had been asked to serve an additional month; Jackson said they were in the audience, and should be asked immediately. Haney said such a move would be inappropriate. Warner said Hansey and Vanderpol were confusing politics with administrative difficulties, and that they should not "cut off the administrative nose to spite the political face." Motion carried, with Vanderpol and Hansey opposed. ROEHL MOVED TO RE -OPEN THE NOMINATIONS FOR THE THIRD DISTRICT. Roehl said he realized the nomination process had been completed properly, but explained he had not been aware the nomination would take place Dec. 7; had he known, he would not have been absent, he said. Although the Planning Commission has leaned too far to the pro - development side of things in recent years, Roehl said it would be wrong to go too far in the opposite direction. Roehl also said some Point Roberts residents accused Simpson of having made racist comments against Lummi Tribal representatives, and that such charges were not true. In fact, Simpson is himself a member of a tribe. Jackson said when 55 people apply for four position, some people are not going to be nominated; that doesn't mean the 40 people who weren't nominated could not have done a good job. Warner said he originally thought he would vote to re -open nomination if Roehl requested that it be done. However, he said the true issue is that the Planning Commission will either be pro - development or pro - environment, and that lobbying by phone has been intense. He said he would rather not hurry into development, when the main aim of developer is to make lots of money: "There are 17 billion years until the sun burn out; that's plenty of time to make money." Discussion ensued. Hansey said he supported Roehl's motion. He said it was ungracious of the Council to not at least nominate people who have dedicated themselves to serving the Planning Commission, especially since it had been difficult in the past to get citizen to volunteer for such work. Jackson, Vanderpol and Roehl discussed the matter further. The vote was 4 -2; Haney said the motion carried, until he was reminded by Burton that five votes were needed in order to suspend the rules and re -open nomination. Motion failed. Minutes, 12/21/89, Page 11 A roll -call vote for the vacancies in each district was needed; they are recorded in the chart below. Some discussion took place as the votes were being taken; Roehl noted that Bob Hughes urged his supporters to vote for Larry Harris in District II. [Note: Nominees for District I were: Tanna DeVischer, Lois Garlick; District II were Roland Danielsen, Bob Hughes and Larry Harris; District III were Lyle Balcom, Fred Bierlink and Barbara Brenner.] ROLL CALL VOTES FOR PLANNING COMMISSION APPOINTMENTS: Four votes were needed for appointment; therefore, Garlick was appointed to District I, Harris was appointed to serve in District II, and Balcom and Bierlink were appointed to serve in District III. BOARD OF EQUALIZATION -- Nominees were Karen Howell - Ferguson and Howard Sheline; Hansey voted for Ferguson, everyone else voted for Sheline. Sheline was appointed. OPEN SPACE ADVISORY COMMITTEE -- The nominations had been left open from December 7, but Alvin Van Dalen remained the sole nominee. Van Dalen was unanimously appointed. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS, 1. RESOLUTION ADOPTING THE UPDATED COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN FOR WHATCOM COUNTY This item was on the agenda for information purposes only; the Executive requested that it be placed on the Jan. 4 agenda for final consideration. 2. RESOLUTION DEDICATING CERTAIN COUNTY -OWNED REAL PROPERTY FOR PUBLIC USE AS A STREET TO THE CITY OF BLAINE Warner said this is a strip of property 30 feet wide. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. District I District II District III Vanderpol -- DeVischer Danielsen Balcom / Bierlink Warner -- Garlick Harris Balcom / Bierlink Roehl -- Garlick Harris Abstained Burton -- Garlick Harris Brenner / Bierlink Jackson -- Garlick Harris Balcom / Bierlink Hansey -- DeVischer Danielsen Bierlink /Balcom Four votes were needed for appointment; therefore, Garlick was appointed to District I, Harris was appointed to serve in District II, and Balcom and Bierlink were appointed to serve in District III. BOARD OF EQUALIZATION -- Nominees were Karen Howell - Ferguson and Howard Sheline; Hansey voted for Ferguson, everyone else voted for Sheline. Sheline was appointed. OPEN SPACE ADVISORY COMMITTEE -- The nominations had been left open from December 7, but Alvin Van Dalen remained the sole nominee. Van Dalen was unanimously appointed. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS, 1. RESOLUTION ADOPTING THE UPDATED COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN FOR WHATCOM COUNTY This item was on the agenda for information purposes only; the Executive requested that it be placed on the Jan. 4 agenda for final consideration. 2. RESOLUTION DEDICATING CERTAIN COUNTY -OWNED REAL PROPERTY FOR PUBLIC USE AS A STREET TO THE CITY OF BLAINE Warner said this is a strip of property 30 feet wide. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Minutes, 12/21/89, Page 12 Motion carried. 3. EMERGENCY ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, MEDICAL EXAMINER'S APPROPRIATION THEREIN FOR AUTOPSIES Warner reported that Finance recommended approval of the emergency ordinance, which is necessary due to the unexpected number of autopsies performed this year. WARNER MOVED THAT THE EMERGENCY ORDINANCE BE ADOPTED. Motion carried. ADD: 3A. RESOLUTION DIRECTING THE WHATCOM COUNTY PARK AND RECREATION BOARD TO WORK WITH THE VIETNAM VETERANS OF AMERICA, CHAPTER 165, TO DEVELOP A 'VIETNAM VETERANS PARK AREA' (PAPERWORK WILL BE AVAILABLE PRIOR TO MEETING; INTRO'D BY JACKSON) JACKSON MOVED THAT THE RESOLUTION BE APPROVED. There was no discussion; motion carried. ADD: 3B. EMERGENCY ORDINANCE REVISING TO THE 1989 SELF IN- SURANCE /FRINGE BENEFITS FUND APPROPRIATION FOR HEALTH BENEFIT COSTS (PRESENTED TO FINANCE BY EXECU- TIVE EARLIER THIS WEEK) Warner said more money is needed in the health insurance fund; Finance reviewed and recommended adoption of the emergency ordinance. WARNER MOVED THAT THE EMERGENCY ORDINANCE BE ADOPTED. Motion carried. 4. *ORDINANCE IMPOSING A MORATORIUM ON PROCESSING CONDITIONAL USE PERMIT APPLICATIONS FOR OFF - PREMISE ADVERTISING SIGNS PENDING STUDY OF APPROPRIATE OFFICIAL CONTROLS (PLANNING & DEVELOPMENT) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Demolition Landfills: Burton said the Planning & Development Committee discussed the issue of landfills as permitted uses . in residential areas. After further discussion by Burton and Warner: Minutes, 12/21/89, Page 13 BURTON MOVED TO REQUEST THE PLANNING DEPARTMENT TO REVIEW THE PROVISION FOR INERT AND DEMOLITION SOLID WASTE FACILITIES AS CONDITIONAL USES IN R2, R5 AND R10 ZONES; AND TO ASK THE HEALTH DEPARTMENT TO WORK WITH THE HEALTH BOARD ADVISORY COMMITTEE OR ITS SUBCOMMITTEE TO GENERATE REGULA- TIONS REGARDING INERT AND DEMOLITION SOLID WASTE FACILITIES. Motion carried unanimously. Haney requested that a formal memo be drafted reflecting this request. The meeting adjourned at about 10 p.m. ATTEST: Ramona Reeves, Council Clerk WHATCOM CQUINTY COUNCIL -WHATCOM Chi , V,AiSHINGTON G.