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HomeMy WebLinkAboutCounty Council December 7 1989Y. WHATCOM COUNTY COUNCIL December 7, 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 Will Roehl Emily Jackson Corky Johnson Dan Warner Mary Vanderpol READING AND APPROVAL OF MINUTES Minutes of the October 19 regular meeting, the November 2 regular meeting, the November 9 special meeting and the November 13 special meeting were approved as presented. EXECUTIVE ITEMS 1. APPROVAL OF BIDDERS' LIST: RE -BID FOR RENTAL RATES FOR MAINTENANCE AND CONSTRUCTION EQUIPMENT IN GROUPS 2 AND 19 FOR 1990 TO ASSURE MAINTENANCE AND OPERATIONS A READILY AVAILABLE SOURCE AND SUPPLY OF SUCH RENTAL EQUIPMENT FOR PROJECTS, AS NEEDED Executive Shirley Van Zanten explained this request. Warner reported that Finance recommended approval. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 2. APPROVAL OF BIDDERS' LIST FOR THE SUPPLY OF MINERAL AGGREGATES TO ASSURE A CONVENIENT, CONTINUOUS, AND READILY AVAILABLE SOURCE AND SUPPLY OF GRAVEL AT THE LOWEST COST FOR JOBS AS NEEDED THROUGHOUT 1990 Van Zanten explained this request. Warner reported that Finance recommended approval. •' • � �h_� ya yM a ....� � � Motion carried. 3. BID AWARD RECOMMENDATION FOR A DIESEL - POWERED TRACTOR /LOADER /BACKHOE TO THE LOW BIDDER, BRIM Minutes, 12/7/89, Page 2 TRACTOR CO., INC. FOR A FORD 555C TRACTOR, FOR A NET AMOUNT OF $31,773, INCLUDING TRADE -IN, OPTION AND SALES TAX Van Zanten explained this request. Warner reported that Finance recommended approval. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 4. BID AWARD RECOMMENDATION FOR FOURTEEN FULL -SIZE POLICE SEDANS TO REPLACE VEHICLES AT THE END OF THEIR SCHEDULED USEFUL LIFE TO THE LOW BIDDER, JERRY CHAMBERS CHEVROLET, FOR FOURTEEN 1990 CHEVROLET CAPRICE POLICE SEDANS AT A PRICE OF $13,522 PER VEHICLE, FOR A COST OF $189,308, PLUS TAX Van Zanten explained this request. Warner reported that Finance recommended approval. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 5. RECOMMENDATION TO RESCIND A BID AWARD FOR A MID - VOLUME PHOTOCOPIER, AND RE -AWARD THE BID TO THE LOWEST RESPONSIVE BIDDER, WILLIAM DIERICKX CO., FOR A CANON NP6650 PHOTOCOPIER AT A TOTAL BID AMOUNT OF $13,449 Van Zanten explained this request. Warner reported that Finance recommended approval. There was some discussion by Hansey. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 6. BID AWARD RECOMMENDATION FOR COURTROOM FURNITURE AND CABINET WORK IN DISTRICT COURT TO THE ONLY BIDDER, PRICE AND VISSER MILLWORKS, INC., IN THE AMOUNT OF $14,585.34 INCLUDING SALES TAX Van Zanten explained this request. Warner reported although the fourth floor courtroom remodel was 20 percent more expensive than anticipated, Finance recom- mended approval. Minutes, 12/7/89, Page 3 WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 7. APPOINTMENT OF DANIEL A. ADDIS TO A FIRST, FULL FIVE - YEAR TERM ON THE WHATCOM COUNTY RURAL LIBRARY BOARD TO RUN FROM 1/1/90 TO 12/31/94 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 8. EXECUTIVE'S REPORT Monthly Road Report: (on file: ROADS). Projects being changed are marked with an asterisk; Turkington Road bridge no longer will be relocated. Solid Waste Program Report: Only one EIS will be done in the landfill siting process, on the Cherry Point /DNR site. Some evaluation of alternatives must be included, so the other top two sites will be incorporated with minimal consideration given them. Van Zanten said she hoped to have the contract for the EIS on the January 4 agenda. Van Zanten briefly mentioned other items on the solid waste report, including the Cedarville landfill variance request, complete with findings and actions of the Health Officer. Plans for diverting waste from Cedarville waste should be presented to the Council on January 4 or 11; Van Zanten noted that such diversion would have a dramatic impact on solid waste revenues. Jackson and Van Zanten discussed long -haul options and a possible excise tax. SPECIAL ORDER OF BUSINESS PRESENTATION BY LAW ENFORCEMENT OFFICIALS. Bellingham Police Chief Don Pierce, Everson Policeman Eric Ramstead and Sheriff Larry Mount talked about the successes of the DARE (drug awareness resistance education) program in public schools, and of expansion planned for 1990. OPEN SESSION Haney set a 15- minute limit and asked the public to keep comments brief. Jim Maricle 3326 Cedarville Glad the county moving toward new landfill site. However, Whatcom County does Minutes, 12/7/89, Page 4 not have a legal permit to operate Cedarville in the interim, he said. Urged the executive and the county's attorney to decide whether they will obey the law in this matter. Larry Crositti 769 Clara Lane, Pt. Roberts Opposed the appointment of Dave Simpson and Roger Almskaar to the Planning Commission. Submitted a letter for the record (on file: BOARD & COMMISSION) David Fairchild 1414 Oriental Member of Friends of Point Roberts in Bellingham. Urged Council to stop the issuance of logging permits for Point Roberts. Lois Garlick 297 Chuckanut Point Said she represented several neighbors in District I who are upset with participa- tion of the District I representatives to the Planning Commission. She presented an attendance record of the Commission members (on file: BOARDS & COMMISSION). Patricia Buzoni (sp ?) 639 Bells Grove, Point Roberts Said Point Roberts is being raped and pillaged; urged stoppage of logging permits in the area. Robert Hallman Point Roberts Urged the cessation of all logging operations and permit applications for the Point until the comprehensive plan is completed. Complained about traffic tie -ups. Barbara Brenner 5617 Northwest Road Told Council that an injunction against the medical waste ban ordinance was filed in court today by attorneys for Browning- Ferris Industries, the medical waste hauler. Criticized Deputy Prosecuting Attorney Randy Watts for assisting in the injunction. Urged the Council to hire the attorneys representing Safe Waste Management Now, who drafted the initiative language. Marie Burns Point Roberts Read a letter from Mr. & Mrs. John Medbury, opposing the logging permits at Point Roberts (on file: POINT ROBERTS LOGGING). Terry Unger No address Asked the Council if the Point Roberts comprehensive plan would be discussed Minutes, 12/7/89, Page 5 later in the evening. Haney said no. There was no further testimony; Hansey closed open session. HEARINGS AND FINAL CONSIDERATION 1. PETITION TO VACATE A PORTION OF ALDER STREET, FILED BY DEAN SCORE Haney opened the hearing; there was no testimony and the hearing was closed. Johnson reported that Public Services & Solid Waste reviewed the matter and recommended denial of the vacation request. JOHNSON MOVED THAT THE REQUEST FOR VACATION BE DENIED. Johnson noted that letters from the county engineer, the Mount Baker School District and the Fire Protection District urged denial of the vacation. Motion carried. 2. PETITION TO VACATE A PORTION OF JUNE ROAD, FILED BY FRED DORRFELD, ET. AL. (NOTE: DUE TO PROCESSING DELAY, THIS HEARING WILL BE OPENED AND CONTINUED TO DEC. 21) The hearing was opened; there was no testimony and the hearing was continued to December 21. 3. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO TELECOM ASSOCIATES FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.3 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM WITHIN SPECIFIED AREAS OF WHATCOM COUNTY (DEMING) The hearing was opened. Susan Bartlett Glacier Cable Co. Opposed the franchise application because Glacier had just been granted one for that area, and she was concerned that an 'overbuild" situation could result that would hurt the consumer in the long run. Jim Maricle Cedarville Road He favored a little competition, and welcomed cable television service in the eastern part of the county. Minutes, 12/7/89, Page 6 The hearing was closed. There was some discussion. JACKSON MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 4. RESOLUTION TO SELL PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 23A (PEACEFUL VALLEY, DIVISION 1, LOT 49) The hearing was opened; there was no testimony and the hearing was closed. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. Hansey called for a break in the meeting. After it reconvened, Vanderpol made the following motion: VANDERPOL MOVED TO CONSIDER ITEMS 10 AND 11 UNDER FINAL CONSIDERATION AT THIS POINT IN THE MEETING. Motion carried. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 10. ORDINANCE EXTENDING THE MORATORIUM ON NEW CON- STRUCTION OR EXPANSION OF GAS STATIONS AT POINT ROBERTS Burton read the text of the ordinance. BURTON MOVED THAT THE ORDINANCE BE ADOPTED. Hansey noted that the ordinance would extend the moratorium until May 1, or until the comprehensive plan is adopted for Point Roberts. Johnson said he supported the motion. Motion carried unanimously. 11. ORDINANCE IMPOSING A MORATORIUM ON NEW CONSTRUC- TION AT POINT ROBERTS Burton gave a brief summary of the review process for this ordinance. He said it should go before the Planning Commission on 12/19, then to Council for a public Minutes, 12/7/89, Page 7 hearing on 12/21. BURTON MOVED THAT A PUBLIC HEARING BE SCHEDULED FOR 12/21 ON THIS ORDINANCE. - Deputy Prosecutor Dave Cottingham, Hansey, Planning Director Dan Taylor and Jackson discussed the motion. Clerk noted that Planning & Development Committee had directed her to advertise the hearing for the 21st, due to the time constraints imposed by advertising with a weekly newspaper, but that the hearing notice could be cancelled if Council did not wish to have the hearing. There was more discussion. Motion failed, with Johnson, Hansey and Vanderpol opposed. BURTON MOVED TO TABLE THE ORDINANCE UNTIL DECEMBER 21. Motion failed, with Johnson, Hansey and Vanderpol opposed. BURTON MOVED THAT THE ORDINANCE BE ADOPTED. There was discussion among Warner, Hansey and Vanderpol. Motion failed with Vanderpol, Hansey and Johnson opposed. 1. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, PUBLIC DEFENDER'S BUDGET THEREIN FOR PROFESSIONAL SERVICES 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 THEREIN FOR PROFESSIONAL SERVICES RELATED TO COLLECTIVE BARGAINING There was discussion of this matter. Warner said the County was buying expertise for the bargaining table ($15,000 for an attorney). Jackson and Johnson opposed the ordinance, saying new Personnel Director Larry Mans should be capable of negotiation. Haney said a 1982 ordinance mandates that an outside negotiator should be hired. There was more discussion. Motion carried unanimously. 3. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, Minutes, 12/7/89, Page 8 SUPERIOR COURT BUDGET THEREIN, FOR INDIGENT CRIMINAL DEFENSE ATTORNEY FEES Warner reported that Finance reviewed the ordinance, which reflects the funding needs associated with upcoming trials ($83,000). There as discussion. Johnson said the law and justice system will eventually bankrupt the county. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 4. ORDINANCE ESTABLISHING A MENTAL HEALTH CONSUMER ADVOCATE REVOLVING FUND Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 5. ORDINANCE REVISING THE 1989 COMBINED TREATMENT SERVICES FUND FOR INCREASED GRANT -IN -AID FUNDING FOR MENTAL HEALTH Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 6. ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF LRID NO. 10 (CORDATA) BOND ANTICIPATION NOTES IN THE ... AMOUNT OF $1,095,000 TO PROVIDE INTERIM FINANCING FOR IMPROVEMENTS WITHIN LRID NO. 10; AND FIXING THE DATE, INTEREST RATE, MATURITY, FORM, TERMS AND COVENANTS ... OF SAID NOTES The Council voted to accept the Harper - McLean letter /offer, dated December 7. Warner reported that Finance recommended adoption of the ordinance, which authorizes the county to issue bonds which will be paid back with proceeds from the R.I.D. A Harper - McLean representative was present; there were no questions from Council. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. Minutes, 12/7/89, Page 9 7. ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR LRID NO. 10 (CORDATA) FUND Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried 5 -0 (Vanderpol was not in the room). 8. ORDINANCE REDUCING THE 1987 -88 ASSESSMENT ROLL FOR R.I.D. NO. 8 AND AUTHORIZING REFUNDS FOR AMOUNTS PREVIOUSLY PAID Warner reported that Finance recommended adoption of the ordinance, which Warner explained. WARNER MOVED TO ADOPT THE ORDINANCE. WARNER MOVED TO AMEND THE ORDINANCE BY DELETING THE WORDS ON LINE 7 OF PAGE 2, "BY THE OWNERS OF PROPERTY" AND ON LINE 10, "TO SAID PROPERTY OWNERS." Motion carried 5 -0 (Vanderpol was not in the room). 9. ORDINANCE ESTABLISHING EMERGENCY SERVICES AS A DIVISION OF THE SHERIFF'S OFFICE Johnson said a substitute ordinance was before the Council with some slight wording changes. JOHNSON MOVED THAT THE ORDINANCE BE ADOPTED. Jackson asked if the Fire Commissioner's Association had contacted Public Services; they had complained about the change by letter. Johnson said no; there was discussion. Mount discussed some aspects of the new organization. Motion carried 5 -0 (Vanderpol was not in the room). 12. ORDINANCE AMENDING TITLE 20 ... TO REVISE THE LANDSCAP- ING, BUFFERING, SCREENING AND SETBACK REQUIREMENTS (CONTINUED FROM 11/16) Burton said Planning & Development reviewed the ordinance. BURTON MOVED THAT THE ORDINANCE BE ADOPTED. Minutes, 12/7/89, Page 10 BURTON MOVED TO AMEND THE ORDINANCE BY STRIKING NOVEM- BER 16, 1969 AND REPLACING IT WITH DECEMBER 7, 1989. Motion to amend carried. There was some discussion. Motion carried 5 -0 ( Vanderpol was not in the room). OTHER BUSINESS 1. PETITION FOR A RESIDENT SHERIFFS DEPUTY IN THE MAPLE FALLS AREA (CONTINUED FROM 11/16) Warner said this item will be kept in committee until the Sheriff reports on the matter. ADD: 1A. NOMINATIONS TO VACANCIES ON BOARDS AND COMMISSIONS: - PLANNING COMMISSION For District I, Warner nominated Lois Garlick and Hansey nominated Tanna DeVischer. For District II, Johnson nominated Larry Harris; Vanderpol nominated Roland Danielsen; and Burton nominated Robert Hughes. For District III, Jackson nominated Barbara Brenner and Lyle Balcom; Burton nominated Fred Bierlink. The nominations were closed. -BOARD OF EQUALIZATION Johnson nominated Howard Sheline; Burton nominated Karen Howell- Ferguson. The nominations were closed. -OPEN SPACE ADVISORY COMMITTEE JACKSON MOVED TO KEEP THE NOMINATIONS OPEN, SINCE THERE WERE NO QUALIFIED APPLICANTS. Johnson said it was too bad Randall Leofsky did not qualify as a member of the active farming community, a prerequisite for membership on the committee. BURTON NOMINATED ALVIN VAN DALEN, and asked the Clerk to see if he would be interested in serving. Motion carried, and the nominations were kept open. Minutes, 12/7/89, Page 11 2. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON PRELIMINARY PLAT APPLICATION FOR "NORTHERN HEIGHTS," FILED BY WHATCOM LANDS, INC. (ON FILE PENDING RECEIPT OF TRANSCRIPT) ADD: 3. *RECEIPT OF PETITION FOR NO- SHOOTING ZONE IN THE YEW STREET ROAD, SAMISH WAY AND GALBRAITH AREA (PUBLIC SERVICES) Items 2 and 3 were received by consent. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE THAN A YEAR OLD Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 2. RESOLUTION ORDERING THE SEGREGATION OF LOCAL AND ROAD IMPROVEMENT DISTRICT NO. 9, SEGREGATION # 90 -1 Warner reported that Finance recommended approval of the substitute resolution. WARNER MOVED THAT THE SUBSTITUTE RESOLUTION BE AP- PROVED. Motion carried. 3. RESOLUTION ORDERING THE SEGREGATION OF ROAD IMPROVEMENT DISTRICT NO. 8, SEGREGATION NO. 90 -1 Warner reported that Finance recommended approval of the substitute resolution. WARNER MOVED THAT THE SUBSTITUTE RESOLUTION BE AP- PROVED. Motion carried. 4. RESOLUTION SETTING A DATE FOR HEARING TO DECLARE A CERTAIN PARCEL OF PROPERTY OWNED BY WHATCOM COUNTY, A PORTION OF LITTLE SQUALICUM PARK, SURPLUS PURSUANT TO RCW 36.34.020 Minutes, 12/7/89, Page 12 Warner said this sets a hearing for a proposal to give a parcel of property to the Vo -Tech Institute. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 5. RESOLUTION SETTING A HEARING ON THE CREATION OF A SOLID WASTE COLLECTION DISTRICT IN THE UNINCORPORATED AREA OF WHATCOM COUNTY Johnson reported that Public Services recommended approval. JOHNSON MOVED THAT THE RESOLUTION BE APPROVED WITH A HEARING SET FOR JAN. 4. Motion carried. 6. RESOLUTION SETTING A HEARING ON THE CREATION OF A SOLID WASTE DISPOSAL DISTRICT WITHIN THE UNINCOR- PORATED AREA OF WHATCOM COUNTY AND WITHIN ALL CITIES AND TOWNS IN WHATCOM COUNTY PURSUANT TO INTERLOCAL AGREEMENTS BETWEEN WHATCOM COUNTY AND SUCH CITIES AND TOWNS Johnson reported that Public Services recommended approval. JOHNSON MOVED THAT THE RESOLUTION BE APPROVED WITH A HEARING SET FOR JAN. 4. Motion carried. Items 1 -20 were introduced by consent and referred to the appropriate committees. 7. *ORDINANCE AMENDING ORDINANCE 89 -96, CREATING A PERMANENT MENTAL HEALTH COMMISSIONER POSITION (FINANCE) ON FILE 8. *ORDINANCE CREATING A SOLID WASTE COLLECTION DISTRICT WITHIN ALL UNINCORPORATED AREAS OF WHATCOM COUNTY; ESTABLISHING THE PURPOSES AND OBJECTIVES OF THE DISTRICT; AND PROVIDING FOR DISTRICT MANAGEMENT, ALL AS PROVIDED IN SECTIONS RCW 36.58A.010 -.040 (PUBLIC SERVICES & SOLID WASTE) ON FILE 9. *ORDINANCE CREATING A SOLID WASTE DISPOSAL DISTRICT Minutes, 12/7/89, Page 13 WITHIN ALL UNINCORPORATED AREAS OF WHATCOM COUNTY, AND WITHIN ALL CITIES AND TOWNS IN WHATCOM COUNTY PURSUANT TO INTERLOCAL AGREEMENTS BETWEEN SUCH CITIES AND TOWNS AND WHATCOM COUNTY; ESTABLISHING THE PURPOSES AND OBJECTIVES OF THE DISTRICT; PROVIDING FOR DISTRICT MANAGEMENT; AUTHORIZING THE LEVY OF AN EXCISE PRIVILEGE TAX FOR DISTRICT PURPOSES, ALL AS PROVIDED IN SECTIONS RCW 36.58.100 -.150; AND PROVIDING THAT ANY COUNTY SURCHARGE ASSESSED PURSUANT TO SECTION 15, CHAPTER 431, LAWS OF 1989, SHALL BE COOR- DINATED WITH ANY EXCISE TAX LEVIED BY THE DISTRICT (PUBLIC SERVICES & SOLID WASTE) 10. *ORDINANCE TO REVISE THE 1989 CURRENT EXPENSE FUND, BUILDINGS AND CODE BUDGET THEREIN (FINANCE) ON FILE 11. *ORDINANCE TO REVISE THE 1989 SOLID WASTE BUDGET (FINANCE) ON FILE 12. *ORDINANCE REVISION TO THE 1989 CURRENT EXPENSE FUND, DISTRICT COURT APPROPRIATION THEREIN (FINANCE) ON FILE 13. *ORDINANCE AMENDMENT TO CHAPTER 3.04 OF THE WHAT - COM COUNTY CODE REGARDING CONTINUING APPROPRIATION AUTHORITY (FINANCE) ON FILE 14. *ORDINANCE RE- ESTABLISHING OF THE PARKS IMPROVEMENT FUND AS A CAPITAL IMPROVEMENTS FUND (FINANCE) ON FILE 15. *ORDINANCE RESTRICTING THE DEVELOPMENT OF LAND FOR SIX YEARS UNLESS A DECLARATION OF CONVERSION IS MADE AT THE TIME OF THE FOREST PRACTICES APPLICATION (PLANNING AND DEVELOPMENT) 154 -156 ADD: 16. *ORDINANCE ADOPTING AMENDMENTS TO THE ... SHORELINE MANAGEMENT PROGRAM TEXT AND THE OFFICIAL SHORELINES MAP (PLANNING) ADD: 17. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, JAIL APPROPRIATION THEREIN FOR INMATE POPULATION RELATED EXPENSES (FINANCE) ADD: 18. *ORDINANCE REVISING THE 1989 PUBLIC HEALTH FUND APPROPRIATION FOR JAIL SERVICES (FINANCE) Minutes, 12/7/89, Page 14 ADD: 19. *ORDINANCE EXTENDING OFFICE HOURS ON THURSDAYS FOR AUDITOR'S OFFICE DEPARTMENT OF LICENSING (PUBLIC SERVICE) ADD: 20. *RESOLUTION REGARDING VIETNAM VETERAN'S PARK (PLANNING & DEVELOPMENT) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Academy Road R.I.D.: Johnson reported that a resolution would be introduced at the next meeting. Roederland: Johnson said the draft policy presented by public works was good, and that it would be presented to the Council for adoption 12/21. Health Dept. Advisory Committee: Jackson read into the record the motion adopted by the HDAC regarding the Muenscher solid waste facility permit, as follows: "Because serious issues of public health have been raised at a public hearing, we would request that the Health Department review the available data regarding drainage, inert and demolition waste composition, and noise to determine whether available information is sufficient to assert with reasonable confidence that leachate contamination and traffic noise will not intrude unduly on neighboring uses." JACKSON MOVED THAT THE COUNCIL, AS THE HEALTH BOARD, ADOPT THE SAME MOTION AND ASK THE HEALTH OFFICER TO REPORT BACK TO THE COUNCIL REGARDING HIS INVESTIGATION AS TO THE SERIOUS ISSUES OF PUBLIC HEALTH RAISED AT THE PUBLIC HEARING. There was discussion. Motion carried. Medical Waste Ban Ordinance: Jackson said she was amazed the Council had not been publicly briefed on the injunction filed in court. There was discussion. JACKSON MOVED TO REQUEST THE PROSECUTING ATTORNEY TO BRIEF THE COUNCIL ON THE INJUNCTION. Warner said he agreed with Jackson, to a point, and said he didn't understand why the Prosecutor had not taken steps to have the ordinance reviewed by Federal Court earlier. He said the Council could ask Randy Watts to 'vigorously defend" the ordinance and he said the lawfirm representing Barbara Brenner should be urged to file an amicus curiae ( "friend of the court ") brief. There was more discussion. Burton suggested that Watts be asked to attend the next meeting; there was consensus. Minutes, 12/7/89, Page 15 Shorelines Management: After some discussion: BURTON MOVED THAT THE SHORELINES MANAGEMENT PLAN BE SCHEDULED FOR HEARING ON JAN. 11. Motion carried. The meeting was adjourned at about 10 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM CO WINGTON Ramona Reeves, Council Clerk eo"`n�ald G. fl