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HomeMy WebLinkAboutCounty Council July 20 1989WHATCOM COUNTY COUNCIL July 20, 1989 The meeting was called to order at 7 p.m. in the Council Chambers by Council Chairman Don Hansey. Other Council Members Present: Dan Warner Tom Burton Will Roehl Corky Johnson Mary Vanderpol Emily Jackson READING AND APPROVAL OF MINUTES The minutes of the July 6 Council Meeting were approved as presented. SPECIAL ORDER OF BUSINESS RESOLUTION EXPRESSING APPRECIATION T O W ILLIAM DITTRICH FOR HIS DEDICATED SERVICE ON THE WHATCOM COUNTY PARKS AND RECREATION BOARD Hansey asked Bill Dittrich to come forward and thanked him for his dedication and hard work for the last 25 years as a member of the Park and Recreation Board. His term of office is up this year; the Home Rule Charter that was signed in 1979 states that a person can serve no more than 2 consecutive full terms (which he has done) so he is ineligible for reappointment. Dittrich thanked the Council for its recognition and spoke of his pride in the accomplishments achieved by all the hard working people on the Park Board. BURTON MOVED THIS RESOLUTION BE APPROVED. Motion carried. EXECUTIVE ITEMS 1. REQUEST FOR AUTHORIZATION TO PURCHASE LOCAL AREA NETWORK COMPUTER EQUIPMENT FROM COMUCOM FOR THE PUBLIC WORKS DEPARTMENT FROM THE STATE CONTRACT IN THE TOTAL AMOUNT OF $27,426.29 INCLUDING SALES TAX Sutberry explained this request. Warner said that the Finance Committee had reviewed this and recommended approval. WARNER MOVED THAT THIS REQUEST BE APPROVED. Motion carried. 2. BID AWARD RECOMMENDATION FOR CONSTRUCTION OF A 4,400 SQUARE FOOT SHERIFFIS DEPARTMENT -STORAGE BUILDING TO THE LOW BIDDER, HUIZINGA BROS. CONSTRUCTION, INC. IN THE AMOUNT OF $126,891.39, INCLUDING SALES TAX Warner stated that the Finance Committee had reviewed.this request. He said that this was a large amount of money but the building needs to be heated with security. Currently the County is storing evidence in different locations Minutes, 7/20/89, Page 2 around the County and paying storage costs of $7,600 per year. There is a great deal of inefficiency in this system because of no central storage of evidence. The Sheriff's department will be purchasing this building over a period of years and it is planned to cover the needs for many years. Johnson questioned the cost of the building. Sheriff Mount explained that vehicles had to be securely stored to preserve evidence; this building is designed to hold at least four vehicles as well as other items. Paul Rushing, Public Works Director, stated this is not an ordinary storage building and has to include an elaborate security system as well as the ability to maintain constant heat to preserve evidence. He also asked that the motion be subject to the approval of a conditional use permit. WARNER MOVED THAT THE BID AWARD BE APPROVED SUBJECT TO THE APPROVAL OF THE CONDITIONAL USE PERMIT. Motion carried. 3. BID AWARD RECOMMENDATION FOR INSTALLATION OF 3500 LINEAR FEET OF CHAIN LINK FENCE AND FOUR GATES AT THE CEDARVILLE LANDFILL TO THE LOW BIDDER, ECONOMY FENCE CENTER OF MOUNT VERNON IN THE AMOUNT OF $30,419.33, INCLUDING SALES TAX WARNER MOVED THAT THIS AWARD BE APPROVED. Johnson asked why we are spending this much money to fence in a dump we plan to close. Rushing explained that the law requires that a fence shall be placed around the perimeter of the facility. Johnson asked how the state could make us do something and not send some bucks with it, to which Rushing replied, "We're only in Public Works, not in Politics." Hansey said the Executive had decided to put it up now since it would be required when the landfill closes; this would meet some of the requests of the residents of the area. Motion carried. 4. NEW APPOINTMENT OF CHERYL BITTNER TO THE PARK AND RECREATION BOARD TO COMPLETE THE TERM OF ROBERT KLEIN WHO RESIGNED. HER TERM WILL BE EFFECTIVE IMMEDIATELY AND RUN UNTIL 6/30/90 5. NEW APPOINTMENT OF WILLIAM SEBRING TO A FIRST, FULL FOUR -YEAR TERM ON THE PARK AND RECREATION BOARD TO REPLACE WILLIAM DITTRICH WHO IS NOT ELIGIBLE FOR REAPPOINTMENT. HIS TERM WILL RUN FROM 7/1/89 TO 6/30/93 JOHNSON MOVED TO APPROVE THE APPOINTMENTS OF CHERYL BITTNER AND WILLIAM SEBRING TO THE PARK AND RECREATION BOARD. Motion carried. 6. EXECUTIVE'S REPORT Sutberry distributed a packet of information including: the 2nd quarterly financial report; the Planning department memo regarding additional staff to provide support for water quality programs; Forest practices recommendations; Executive memo regarding continuation of the third crew member for the ferry; Minutes, 7/20/89, Page 3 Public Works memo regarding litter control program on our County roads; Public Works memo regarding the Roederland Asphalt overlay question; Solid Waste Activity Report; and Public Works memo regarding the Sound System problems in the Chambers. Solid Waste Report: Bob Jurica, Solid Waste Manager, reported on the following: Waste Reduction and Recycling Demonstration Project Grant; Comprehensive Solid Waste Management Plan; Hazardous Waste Plan; and the Cedarville Operation. Deta'lled copy of the report is on file. Jurica introduced Tom Smayda of Harper 8 Owes who spoke about the groundwater monitoring procedures. He explained the handouts and his memo to County Executive Shirley Van Zanten (copies on file). Jurica introduced Doug Morrell and Dave Findlay of Golder and Associates who presented a hydrogeological report and an evaluation of the groundwater monitoring system. The Golder Report is on fl'le in the Council office. The leachate from the wells does contain bald organics so Golder is recommending that they continue testing for bald organics in new wells. *SPECIAL DEPARTMENT REPORT* PRESENTATION BY DAN TAYLOR, WHATCOM COUNTY PLANNING DIRECTOR. Taylor stated that since March they have been focusing on two areas, (1) Point Roberts Subarea Plan and (2) the Sewer and Water Plan. On Point Roberts, Taylor showed on a color coded map the different zones. There are two hearings coming up on that, one in Point Roberts on July 26th and one in Bellingham in September 12th. informational packets have been sent to about 30 people on all sides of the issue and five copies to the Library. This may be a very controversial issue just as Cherry Point was years ago. On the Sewer and Water plan, there have been presentations by Diane Harper and Ray Weden. Taylor showed the river levels on a map. We don't have terrible problems, but we don't have good solutions either. Conservation is one solution. Taylor stated that in the future, Whatcom County may be looking at reservoirs to store water or recharge groundwater; this would probably be done in the Middle Fork. This would be costly but may be necessary. Jackson asked if anyone has checked if the charge for taking gravel out of the river has reduced this activity and has made a difference in the amount of water that is held in the river. Taylor said that hasn't been done but will be done when they have time. On the Shoreline issue, Taylor stated that there were work sessions being held now and this has to be done by Fall. The Council will see this in January. This may be controversial. Rezones are down and forest practices are up dramatically. Counter activity is definitely up. Other accomplishments include the writing of the Lake Whatcom grant and the two groundwater grants. Landscaping will be done in the Fall; the joint study of the Urban Fringe with the City will be started early in 1990; and the gravel extraction will be worked on in September or October. Warner asked if Taylor would let the Council know when he plans to tour the gravel pits as he would like to go along. Minutes, 7/20/89, Page 4 OPEN SESSION Loren Speery 1983 Roeder Lane On July 7, 1988 we addressed the Council on the chip sealing of Roeder Lane. We were informed that we would have an opportunity to speak to the Council and committee meetings to perhaps have the policy changed regarding chip sealing. I was busy last week with a Legion convention; when I arrived home at 1 :30 a.m. I saw the letter stating that they planned to chip seal Roeder Lane on Monday and Tuesday of this week. The Roeder Lane residents have gathered 32 signatures (from the 35 homes) stating they do not want their road chip sealed. The developer put in the original road and nothing has been done for the 19 years since. The residents would rather nothing be done until the County can asphalt it. They have visited Dutch Haven (it was chip sealed last year) and it is a mess already. Roeder Lane is a high density area. Chip sealing would cost $3,400 and have to be done at least every five years. Asphalt is $11,000 and lasts for at least 20 years, so over a 20 year period the County would be money ahead to asphalt this road. Hansey stated this would be referred to Public Services for discussion. Janet Speery 1983 Roeder Lane Our road is perfectly fine. Mr. Weden went out at the request of the Road department and stated that the surface was good and would not need anything for another two or three years. It is good for bike riding which a chip sealed road would not be. Dutch Haven roads are in bad shape, patchy with potholes, and much inferior to Roeder Lane. Barbara Brenner 5617 Northwest Road Asked why there would be a public hearing on the Initiative Ordinance. Hansey said it was decided it would be necessary because there would be penalties involved. She had heard that the Council planned to take this issue to Superior Court and said their (Safe Waste Management Now) law firm is one of the top three law firms in the State on Solid Waste and have offered their assistance to the Council when they decide to proceed with it. Brenner also stated that the public is being outclassed by companies who can afford to pay consultants, attorneys, etc. while the public has to rely on part time or volunteer help to put forth their case for safe solid waste disposal. This makes it more important than ever that the Council act in the best interests of the public; she again offered the services of Rydell, Williams. We don't have a lot of funds but we do have a lot of willing bodies who care about the welfare of this County. John Leibrant Henry Street /Cedarville Thanked the administration for the Golder Report and would like equal time when he gets the results from the citizen's testing. Minutes, 7/20/89, Page 5 In Rfiui 11110ciffAll? 1 mf 1. RESOLUTION OF INTENT IN THE MATTER OF THE VACATION AND ABANDONMENT OF A PORTION OF MAGRATH ROAD LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 38 NORTH, RANGE 3 EAST, W.M. Hansey opened the public hearing. Neva Jean Jones Pavia 1488 Lahti She opposed vacation of any portion of Magrath Road and wished to appeal to the County not to set aside sensible planning to appease a vocal but reasonably small group of residents. The need to vacate Magrath is grossly overstated and only one third of the homeowners have signed the petition not to vacate. We will all be impacted if this remains a 600 house cul de sac. A lot of the traffic travels through Lahti and there isn't a time of day it is easy to get out of a driveway or it is safe for kids to cross the street. In 1982 a child was struck twice on Lahti and will have a permanently shortened leg because of that. We have been given hope and promise that there will be some relief for Lahti when other streets are opened so that residents will not have to enter or exit at Lahti. The backups on Alabama, Northshore and Britton are growing. This whole area needs more exits for safety. She listed the neighbors who support her statement. Joe O'Brien 3841 Magrath Road For the same reasons that the previous lady mentioned, we don't want these things to happen to Magrath Road. We want Westview developed to take care of the new areas. Everyone is concerned with safety for our children and by developing the South end and c.losing off the North end these ends would be met. Doug Brown 3813 Magrath Magrath Road cannot handle the traffic it has now and certainly no more. It is only 20 feet wide. By developing the south end it may alleviate some of the pressure off Lahti. Andy Anderson 1324 Lahti Drive Thanked Tom Burton and committee members for coming up to talk to the residents of the area. There is a legal opinion that says that to vacate a road it must be declared useless - rather it should be asked, is it useful, prudent or needed? He believes this test has not been met. This conflict is just the forerunner and many neighborhoods wi I I wake up to -f ind that a I ine on an engineer's map will impact their area. Pat Jones 1101 Kenoyer I represent, as engineer, the developer of Northern Heights and we oppose the closing of Magrath Road even though we do empathize with the residents Minutes, 7/20/89, Page 6 there. Magrath is an inadequate street to handle any through, collector or secondary arterial type of traffic flows. It was not intended to be a collector street. Another north -south collector street should be developed but it would be a mistake to vacate Magrath. Northern Heights will develop McLeod to Britton and the Tweed Twenty residents could travel on a 76 foot road to Britton on the short term until other through roads have been developed. McLeod will possibly be extended to Mt. Baker Highway. There are other good options for through traffic. Doug Brown 3813 Magrath Dick Skeer Is trying to develop his property but Is being denied sewer and water access by the City unless he connects to Magrath Road. Joe O'Brian 3841 Magrath His concern is that traffic will come up from Alabama on Sylvan to Magrath and on into the development. Jones stated that Westview would take care of that concern. Doug Meyer Fire Protection District 4 Stated that not being able to get from one area to another would be dangerous in their opinion (letter on file). There are letters (on file) from Ed Henken, Engineer and from Dan Taylor, Planning Director both opposed to the vacation of Magrath Road. BURTON MOVED TO APPROVE THE VACATION OF THE NORTH END OF MAGRATH ROAD. Burton said we need to serve our rural neighborhood and need to offer people better cluster housing. Jackson said she would support it as well. We've learned a valuable lesson from Tweed Twenty and hope it will be avoided in the future. Warner is not in support of the vacation; has sympathy for the residents but does have to listen to the professional we have asked to comment. He stated that we do need to learn from this for future developments. Johnson supports the motion but would like the road just put on hold. He stated that If we vacate this road it is gone forever, and we may need it some years from now. Johnson said he would prefer this resolution if It included a provision that It would not be built through to Mount Baker Highway. Roehl said he was in a dilemma about this decision as well. Vanderpol would be much more at ease about not voting for this vacation if there was a provision that it would not be developed. Johnson questioned whether this could be tabled and hold the road as is. If there is I would consider making a move to table it. Hansey said this resolution does not vacate the road; it just states the intention. Hansey said it could be referred back to Committee. Warner said we could approve a resolution which says that we would resolve to delay any completion of Magrath Road until such time as adequate north -south collectors are planned to provide traffic flow on other streets. Minutes, 7/20/89, Page 7 Roehl said he does not want people to go away with the feeling that we just put it off. JOHNSON MOVED TO REFER THIS BACK TO COMMITTEE FOR REWORDING. Motion carrled: Jackson, Burton and Roehl against. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. RESOLUTION TO ACCEPT A PARTIAL PAYMENT ON R.I.D. #4 ASSESSMENT FOR BIRCH CREST ESTATES DIVISION #1 TRACT A Warner explained the resolution and said that the Finance committee had reviewed it. WARNER MOVED TO APPROVE THE RESOLUTION. Roehl asked if the County or the Water District has priority for having liens satisfied, and why are they splitting the proceeds? Barbara Cory, Treasurer stated that they are equal in their rights. Warner said that he made the motion but would now speak against it. Vanderpol stated that nothing is due until 1991 so suggested that we hang onto it for several years; he will not vote for this. Motion failed 7 -0. 2. RESOLUTION IN THE MATTER OF DELAY OF COLLECTION OF NEW MOBILE HOME ASSESSMENT Warner stated that this matter has been held in committee. 3. ORDINANCE AMENDING ORDINANCE NO. 86 -88, AN ORDINANCE ESTABLISH- ING WHATCOM COUNTY FERRY RATES Warner explained the changes in the ferry rates. WARNER MOVED TO ADOPT THIS ORDINANCE. Motion carried unanimously. 4. ORDINANCE TO REVISE THE 1989 COUNTY PARKS AND RECREATION FUND APPROPRIATIONS Warner explained that this allows the Park Department to spend money that was given to them. WARNER MOVED TO ADOPT THiS ORDINANCE. Motion carried unanimously. OTHER BUSINESS 1. REPORT ON STRAND ROAD ACCESS COMPLAINT Johnson stated that this was discussed in Public Services and they are now Minutes, 7/20/89, Page 8 awaiting a report from Park department. A letter from Roger DeSpain explains they are waiting for a response from the Department of Fisheries, Wildlife, and Natural Resources to see if they can come up with a plan. 2. CONTINUED DISCUSSION OF PROPOSAL TO HIRE ADDITIONAL COURT COMMISSIONERS (AVAILABLE SPACE) This was held in committee until we get a cost estimate on the building of a court room in the Jail. We cannot consider hiring another court commissioner until there is space available. Larry Mount is very much in favor of the court room in the ,jai I as it would mean they would not have to bring officers in off the road to chain prisoners to bring them to the courthouse court rooms. Lp ; 1. RECEIVED THE REPORT FROM THE HEALTH DEPARTMENT ADVISORY COMMITTEE PUBLIC HEARING ON THERMAL REDUCTION APPLICATION Hansey explained that this hearing had been held at the Health Department Advisory Committee meeting. He stated that he had distributed a letter to the Council members regarding the hearing, stating that the Thermal Reduction Company application was forwarded to the County Executive and the Health Officer with the report that there were no findings or recommendations. Jackson stated that she did not feel that it is appropriate to pass this on to administration without having the Company present to answer the questions posed in committee regarding an incomplete application that did not reflect the facts as they are at this time. Warner explained that this was merely a factfinding hearing to get public input. Jackson insisted the Health Board must take care not to allow another sludge boondoggle. There was further discussion on this matter. Warner said he agreed with Jackson that up -to -date applications should be presented at the time of a public hearing and a rule to accomplish that should be passed. WARNER MOVED TO SEND THE REPORT TO THE EXECUTIVE ACCORDING TO WAC 24 06 052. Motion carried. Jackson and Johnson against. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) Items 1 -7 were introduced and referred to the appropriate committees. 1. *ORDINANCE PROHIBITING THE IMPORTATION OF ALL MEDICAL WASTE GENERATED OUTSIDE THE TERRITORIAL LIMITS OF WHATCOM COUNTY (HEARING TO BE SET FOR AUGUST 3) (SUGGESTED REFERRAL TO PUBLIC SERVICES COMMITTEE) ON FILE Because of the time required to publish, this hearing will be held on August 17th. Minutes, 7/20/89, Page 9 2. *ORDINANCE TO REVISE THE 1989 ROAD FUND BUDGET (SUGGESTED REFERRAL TO FINANCE & PERSONNEL) ON FILE 3. *ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 15.04 AND ADOPTING, 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 (SUGGESTED REFERRAL TO PUBLIC SERVICES) ON FILE 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 INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND THE WESTERN FiRE CHIEFS ASSOCIATION, EXCEPT AS MODIFIED HEREIN, AND REPEALING WHATCOM COUNTY ORDINANCE NO. 84 -40 (SUGGESTED REFERRAL TO PUB SERVICES) ON FILE 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 (SUGGESTED REFERRAL TO PUB SERVICESY ON FILE 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 (SUGGESTED REFERRAL TO PUB SERVICES) ON FILE 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 (SUGGESTED REFERRAL TO PUB SERVICES) ON FILE Smokers Hut: Johnson said that he often comes to the courthouse and sees employees standing in the open smoking around a garbage can. The Council promised those puffers a shelter to smoke in and he think that promise should be kept. Burton's Announcement: Tom Burton announced that he would not be seeking re- election much to the surprise of everyone in the room. He stated he may be back and wished his colleagues good luck. The next regularly - scheduled Council meeting will be at 7 p.m. August 3, 1989. WHATCOM COUNTY CC ATTEST: W OM COUNTY, Barb ra Maher, Cou c Clerk Wald G. Han y, aivrman