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HomeMy WebLinkAboutCounty Council February 16 1989F .- . WHATCOM COUNTY COUNCIL February 16, 1989 The meeting was called to order at 7:03 p.m. In the County Council Chambers by Chairman Don Hansey. (Due to problem with electrical outlet, there may be some problems with the tape recording of the meeting) Other Council Members Present: Absent: Mary Vanderpol Corky Johnson None Will Roehl Tom Burton Emily Jackson Dan Warner u 1. REQUEST FOR AUTHORIZATION TO NEGOTIATE A CONTRACT WITH REGENCY CARE CENTERS, INC. (CLAY AND CLARK, PARTNERS) FOR THE TRANSFER/LEASE OF NOR - BELL CARE CENTER Executive Shirley Van Zanten said she sent a cover letter and copies of the proposal to Council members' homes a week ago. She reminded the Council that last November, the County received three proposals to purchase Nor-Be II. Five members of the committee reviewing the proposals decided that Regency Care Center would be the best option; Terry Unger, Nor - Bell's temporary administrator, was the only committee member voting for Visiting Nurses to take over. Van Zanten requested that the Council authorize her to begin negotiations with Regency. Warner said Finance recommended that the authorization be granted. WARNER SO MOVED. Van Zanten gave her assurance that the county would assume full liability for vacation time, sick leave, industrial insurance, etc. for current employees. Hansey asked for further discussion. Johnson said he is concerned about the welfare of patients and employees. He asked if Regency will accept all existing patients. Jim Clay of Issaquah, representing Regency, was recognized; he said he wanted to reassure patients and staff, and that Regency looked forward to working with the.existing staff. Dr. Weldon Flint of Ferndale was recognized. He read a statement in support of Visiting Nurses, saying that a non - profit organization would be best. Another gentleman asked to be recognized; Hansey explained that the appropriate time for public comments is during open session. Some-members of the audience responded angrily and left the meeting. Hansey called for the vote. Motion carried unanimously. Minutes, 2/16/89, Page 2 2. AUTHORIZATION FOR PURCHASE OF PROPERTY INSURANCE FOR COUNTY FACILITIES item. Warner reported that Finance reviewed and recommended approval of this WARNER SO MOVED. Johnson asked why the risk pool did not cover this area. He was interrupted by a woman in the audience who complained that people interested in speaking to the Nor-Bell issue had not been recognized. She left the meeting before a response could be made. Van Zanten explained that the risk pool does not cover Nor-Bell, fire or ferries. She apologized for not having made this clear in the past. Johnson said he stood corrected. Motion carried. 3. PRESENTATION OF THE REPORT ON THE PROPOSED BELLINGHAM ANNEXATION A report was distributed to Council at the meeting (on file). Van Zanten proceeding to read the four -page letter accompanying the report (letter also on file, under Planning). Hansey noted that this item also will be discussed at the Counc'I'I's annual retreat this Saturday. Jackson said it would be a good idea to meet with the City Council to discuss this report. JACKSON MOVED THAT A JOINT MEETING OF THE BELLINGHAM CITY AND COUNTY COUNCILS BE SCHEDULED IN ORDER TO DISCUSS THIS ITEM. Motion carried. 4. EXECUTIVE'S REPORT A. PHENOL TESTS: Van Zanten gave a brief report of results of testing for phenol near the Cedarville landfill. Said an expert will be at a future Council meeting to explain the results in full. B. JUVENILE DETENTION CENTER: The Ellis Street site still is being reviewed. PCBs have been tested for; reports. say presence is minimal. Negotiations are underway for a city right-of -way adjacent to the property. OPEN SESSION JOHN LIEBRANT Henry Street /Cedarville Complained about the method of testing for Phenol. Also said no one has ever tested for gasses coming from his well water. Warner said that the health department is buying more sophisticated testing equipment, using grant money from the state. JOHNSON MOVED THAT SOMEONE EXPLAIN THE TEST RESULTS TO THE COUNCIL iN LAYMAN'S TERMS. Minutes, 2/16/89, Page 3 Motion carried. Roehl said the Council will never satisfy John Liebrant. Tests taken for the past few months have revealed nothing, he said; yet Liebrant continues to maintain there's a conspiracy to cover up problems at Cedarville. He said the Council has gone out of its way to address Liebrant's concerns. Warner asked if health department staff or other experts should come to explain the test results; Liebrant said he didn't want to hear from Dave Bader of the Health Department. Johnson noted that the Council could put people under oath if it is necessary. Roehl said no matter what the Council says, it will be accused of lying. Jackson said she would like to see a manual listing all possible tests that could be taken at Cedarville. RODNEY LUND 1322 Roland St. Represents Citizens for a Nuclear Free Whatcom County. Concerned about enforcement of the Nuclear Free Zone, and requested that the matter be put on the Council's 3/9 Committee of the Whole agenda. LEE FERRARO No address. He was the gentleman who had wanted to speak about the Nor -Bell issue earlier. Said he didn't mean to "subvert protocol." He said a non - profit organization would be best. Asked that Nor-Bell remain a non - profit nursing home. Jackson said he needn't apologize for not understanding the procedure for public comment. She reminded people that committee meetings are the best forum for the public. DALE BOCKSTETTER (sp ?) Nor -Bell resident Said it's sad to see Nor - Bell's 80 -acre property split up, when it was intended for use by poor people. Said it is difficult for people to get into a private nursing home without a lot of money. BARBARA BRENNER 5617 Northwest Road - Supports Nor-Bel I being a non - profit, public care center. People should have been allowed to comment prior to decision being made. - Liebrant's complaints maybe should be addressed by the state Department of Ecology (DOE); people at DOE think Cedarville is a mess. - Courthouse law I ibrary should be open at night for the publ ic. She offered to work nights at the library on a volunteer basis. -Safe Waste Management Now is drafting a waste-hauling initiative that would limit the amount of infectious waste hauled into Whatcom County. Complained about Thermal Reduction Company's practices; said BFI, its chief supplier of medical wastes, is bringing waste from Utah and has lawsuits pending against it all over the United States. Asked that Council support the initiative with a resolution. WAYNE HARKLEROAD Neptune Beach Wanted to speak about Island View Avenue, item 1 under public hearings; Minutes, 2/16/89, Page 4 Hansey told him to please wait until the public hearing. Warner said Courthouse employees are working on having the law library open at night. ELIZABETH (no last name or address given) Asked if there would be no further discussion about Nor -Bell. Hansey explained that tonight's actions al low the Executive to enter into negotiations; a final decision on whether to approve the contract will come later. MARGOT PINTO Nor -Bell Supervisor Sa i d wasn't i nformed of a l l the meet i ngs the Counc i I 'had on the Nor -Be l l issue. Hansey said she would be sent a copy of agendas in the future, although he noted that copies are routinely sent to Nor -Bell. PUBLIC HEARINGS 1. REQUEST TO RENAME A COUNTY ROAD "ISLAND VIEW AVENUE" INSTEAD OF "HARMONY ROSE LANE" (SOME INFO ALREADY RECEIVED) The public hearing was opened. WAYNE HARKLEROAD 4832 Beach Way Represented 11 of 15 property owners adjacent to the public access road in question. Said he and other property owners did not get a say in naming the road when "Harmony Rose Lane" was suggested and approved last summer. Island View Avenue is more in keeping with the nautical theme of most street names in the area. GARY SOLARI 4832 Olympic Drive, Ferndale Said he is building a home at 4900 Harmony Rose Lane (he is the one who proposed that name). Has not seen or signed the petition to change the name. He pointed out that he had followed the procedure for naming the road, and he does not feet the name is inconsistent. (Letter to that effect is on file). Hansey closed the public hearing. Johnson said the Public Services Committee recommended that the current request to rename the road to Island View Avenue be denied; Solari had followed the correct procedure, and from his own survey of the area, Johnson said he did not see that a nautical street -name theme exists. JOHNSON MOVED THAT THE NAME "HARMONY ROSE LANE" BE UPHELD. Warner said procedures are being created by staff that perhaps wilt eliminate problems with notifying interested parties of a proposed road name. Vanderpoi asked if Johnson's motion would be more correct if it were to move denial of the request. Perhaps if the Council takes no action, the effort would be dead anyway, he said. Minutes, 2/16/89, Page 5 JOHNSON WITHDREW HIS MOTION. JOHNSON MOVED THAT THE REQUEST TO RENAME HARMONY ROSE LANE AS ISLAND VIEW AVENUE BE DENIED. Motion carried. 2. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NUMBER 5 3i, RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NUMBER 6 The public hearings for numbers 2 and 3 were opened simultaneously; there was no discussion. The hearings were closed. Warner reported that Finance recommended approval of the resolutions. WARNER SO MOVED. Motion carried. 1. ORDINANCE AMENDING ORDINANCE NUMBER 85 -90, ADDING ALTERNATES TO THE SOLID WASTE ADVISORY COMMITTEE MEMBERSHIP Johnson said the SWAC chairman reported there would be no need for this ordinance, since the committee is not expected to have quorum problems in the future. JOHNSON MOVED TO TABLE THE ORDINANCE. Motion carried 6 -1, with Burton dissenting. 2. ORDINANCE IMPOSING A MORATORIUM ON THE NEW CONSTRUCTION OR EXPANSION OF GAS STATIONS AT POiNT ROBERTS (PUBLIC HEARING ON AN EMERGENCY 30 -DAY EXTENSION TO THE MORATORIUM AND ON THE PROPOSED CONDITIONAL USE ORDINANCE SCHEDULED FOR 2/9) 3. ORDINANCE AMENDING THE INTERIM ZONING CODE TEXT TO REGULATE SERVICE STATIONS BY MAKING THEM CONDITIONAL USES iN THE GENERAL PROTECTION ZONES (iTEMS 2 -3 ON AGENDA IN CASE ACTION NOT TAKEN AT 2/9 PUBLIC HEARING) Burton reported that both Items 2 and 3 are being kept In committee, and that they wilt be brought forward at the 3/2 meeting. 4. ORDINANCE AMENDING THE TEXT OF TITLE 20 ... TO ALLOW HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES IN ALL ZONES WHERE HAZARDOUS SUBSTANCES ARE PROCESSED OR HANDLED (WAS KEPT IN COMMITTEE 11/3/88; BROUGHT FORWARD AT PLANNING'S REQUEST) Burton asked Dan Taylor, Planning Director, to address this item. Taylor said it was kept in committee a while back because the small cities Minutes, 2/16/89, Page 6 needed to be notified. The cities have reported that they are not interested in the ordinance at this time. The DOE had set a June 30, 1988 deadline for ail cities and counties to pass rules about the handling and treatment of hazardous waste. Planning wrote and said the county would comply when DOE gets its siting criteria in place, so DOE gave the county more time. There is nothing new in this ordinance; it merely legalizes what the county already is doing. CA portion of this section is inaudible on tape due to static in sound system; lost are comments by Roehl, Johnson and Taylor's response. Roehl suggested minor changes as indicated on page 17 of Council's packet, attached. BURTON MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 1111 rgllg: 1. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 7 Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. 2. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 8 Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. 3. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 9 Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. 4. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 10 WARNER MOVED THAT THE COUNCIL WRITE A LETTER TO MR. WAISMAN, WHO HAS BID ON THE APPROXIMATELY 350 SUDDEN VALLEY PROPERTIES LISTED IN THIS RESOLUTION, AND ASK IF HE WOULD OBJECT TO A FEW LOTS BEING WITHDRAWN FROM THE BID IN ORDER THAT INDIVIDUALS MAY ATTEMPT TO PURCHASE THEM. Minutes, 2/16/89, Page 7 There was discussion. Randy Watts, Chief Civil Deputy Prosecutor, said Council has the authority to take out some lots; but the Treasurer must agree to the withdrawal. Council could determine after the public hearing that it would be in the public's best interest to withdraw some of the properties. Burton asked for Treasurer Barbara Cory's comments. Cory said Mr. Walsman may be agreeable to withdrawing a few lots. She said people interested in individual lots were not told that such a large sale may be coming, because the situation is so unusual. She said she felt badly about the situation. She asked that Council consider where it will draw the line for individuals interested in single lots. Vanderpoi agreed. Cory said there are several other people in the same situation, but only three people have been vocal about their situation. Motion carried. 5. RESOLUTION ORDERING THE FORMATION OF LOCAL AND ROAD IMPROVEMENT DISTRICT NUMBER 11, AND SETTING A PUBLIC HEARING This item was withdrawn from consideration. 6. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST N0. 7 (ITEMS 6 -9 SUGGESTED REFERRAL TO FINANCE) 7. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 8 8. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 9 9. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 10 10. *ORDINANCE ESTABLISHING A PETTY CASH REVOLVING FUND FOR THE COUNTY PLANNING DEPARTMENT (SUGGESTED REFERRAL TO FINANCE) 11. *ORDINANCE TO REVISE THE 1989 CURRENT EXPENSE FUND, NON- DEPARTMENTAL APPROPRIATION THEREIN (SUGGESTED REFERRAL TO FINANCE) 12. *ORDINANCE AMENDING THE LYNDEN- NOOKSACK VALLEY SUBAREA COMPREHENSIVE PLAN MAP FROM RESIDENTIAL RURAL TO GENERAL COMMERCIAL,AND AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RESIDENTIAL- RURAL -TWO DWELLINGS PER ACRE TO GENERAL COMMERCIAL FOR A 0.78 ACRE PARCEL ON THE EAST SIDE OF GUIDE MERIDIAN, NORTH OF EAST WISER LAKE ROAD (SUGGESTED REFERRAL TO PLANNING AND DEVELOPMENT) 13. *ORDINANCE ADOPTING A RETENTION SCHEDULE FOR AUDIO TAPE RECORDINGS OF COUNCIL PROCEEDINGS (SUGGESTED REFERRAL TO PUBLIC SERVICES) Items 6 -13 were introduced by consent and referred to the appropriate committees. Minutes, 2/16/89, Page 8 THE NEXT REGULARLY- SCHEDULED COUNCIL MEETING WiLL BE AT 7 P.M. MARCH 20 1989. -Burton said Planning and Development Committee meetings have been changed from 2 p.m. Wednesday before Council meetings to 11 a.m. -Roehi said Lake Whatcom Watershed Committee requested that the administration be asked to authorize more time for Dan Taylor to spend on the grant application he is working on. He recognized that such requests may mean more resources need to be added to the Planning Department in the future. ROEHL MOVED THAT THE ADMINISTRATION BE REQUESTED TO CONSIDER DEVOTING MORE TIME TO COMPLETING THE GRANT APPLICATION. Taylor said the Executive had asked him to report on Planning's workload at the 3/2 meeting. - Johnson said someone called to complain about a tree havi.ng fallen on a home; person said tree belongs to the County. - Jackson said there will be a special SWAC meeting Monday (the meeting later was canceiled). The meeting adjourned at 9 :25 p.m. ATTEST: R ,pmona Reeves, Council Clerk WHATCOM COUNTY OUNCIL WHATTCOM COUNTY, %W'AS.I;i IN ("na I d G. Hans, Chairman