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HomeMy WebLinkAboutCounty Council July 6 1989WHATCOM COUNTY COUNCIL July 6, 1989 The meeting was called to order at 7 p.m. in the Council Chambers by Council Chairman Don Hansey. Other Council Members Present: Absent: Dan Warner Tom Burton Will Roehl Corky Johnson Mary Vanderpol Emily Jackson READING AND APPROVAL OF MINUTES The minutes of the May 25 Special Committee of the Whole and Council Meetings, June 1 Council Meeting, June 8 Committee of the Whole Meeting, June 15 Council Meeting and June 16 Committee of the Whole meeting were approved as presented. z Lim, I IN 9 u ► EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR A TRUCK - MOUNTED HIGHWAY PAINT STRIPER TO THE LOW BI DDER, M -B COMPANY, FOR AN M -B MODEL NP800 PA NT STRI PER AT A TOTAL COST OF $121,699.49 INCLUDING SALES TAX Executive Shirley Van Zanten said that this machine gets very heavy usage striping the 900 miles of surfaced road in Whatcom County. Van Zanten stated that the old machine has paid for itself and will be sold for salvage. Jackson noted that Finance had reviewed and recommended approval of this recommendation. JACKSON MOVED THAT THIS BID AWARD BE APPROVED. Motion carried. 2. REQUEST FOR AUTHORIZATION TO RENEW FERRY HULL INSURANCE JACKSON MOVED THAT THE REQUEST TO RENEW FERRY HULL INSURANCE BE APPROVED. Motion carried. 3. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT WITH WEDEN ENGINEERING FOR ENGINEERING SERVICES FOR LRID #10 (HORTON ROAD) Van Zanten stated that the selection committee, composed of John Tyler, Don Hansey and Mary Vanderpol, had recommended that Weden Engineering be granted this contract. Warner asked if the price was discussed prior to choosing the contractor. Van Zanten stated that the firm that can best do the Job is considered before the price is considered. This bid award amounts to approximately 15.7 percent Minutes, 7 -6 -89, Page 2 of the total budget and the routine amount charged by Engineering firms is up to 19 percent so Weden Engineering is well within the going rate. Jackson said the Finance Committee had reviewed and recommended this be approved. JACKSON MOVED THAT THE REQUEST BE APPROVED TO ENTER INTO A CONTRACT WITH WEDEN ENGINEERING FOR ENGINEERING SERVICES FOR LRID #10 (HORTON ROAD) Motion carried. 4. REQUEST FOR CONFIRMATION OF THE APPOINTMENT OF LARRY MANS AS WHATCOM COUNTY PERSONNEL DIRECTOR Van Zanten stated that the selection committee, consisting of the Personnel Director of Georgia Pacific Corporation, the Personnel Manager of the City of Lynnwood, a local Labor Consultant, the Whatcom County Budget Director, Tom Sutberry and Harold Raymond, the current County Personnel Director, presented recommendations to her and she selected Larry Mans. The Executive said that Mans is a local resident, and has been Administrative Director of Human Resources at St. Luke's General Hospital for almost 16 years; he is available because of the acquisition of St. Luke's by St. Joseph Hospital. Van Zanten introduced Larry Mans to the Council and audience. WARNER MOVED TO APPROVE THE CONFIRMATION OF LARRY MANS TO THE POSITION OF PERSONNEL DIRECTOR OF WHATCOM COUNTY. Motion carried. Mr. Mans stated that he was looking forward to his employment with Whatcom County. All members of the Council welcomed Mr. Mans who will begin his new position on July 24. 5. NEW APPOINTMENT OF GUADALUPE GAMA TO THE MENTAL HEALTH BOARD TO COMPLETE THE TERM OF MARY ELLEN O'KEEFE WHO RESIGNED. THE APPOINT- MENT WILL BE EFFECTIVE IMMEDIATELY AND WILL RUN UNTIL 12/31/91 WARNER MOVED TO APPROVE THE APPOINTMENT OF GUADALUPE GAMA TO THE MENTAL HEALTH BOARD. Motion carried. 6. EXECUTIVE'S REPORT Solid Waste Report: Van Zanten stated that Environmental Resource Services is preparing a second grant application of a waste reduction and recycling demonstration grant. These grants are funded by the Department of Ecology and are intended to test methods and systems for achieving the maximum levels of waste reduction and recycling. Minutes, 7 -6 -89, Page 3 The draft report of the hydrogeologic investigation information should be available within a week. Representatives of Golder Associates will make a presentation of the report findings at the next Council meeting. The working draft plan is currently under review by the Solid Waste Advisory Committee as well as government Jurisdictions and agencies. The plan is scheduled to be submitted to DOE on or before August 1. A work scope is still being negotiated with the selected consulting firm of Paul S. Running and Associates. On the Cedarville operation, Van Zanten gave a breakdown of the weekly truck volume from the commercial haulers for the previous three weeks. She stated that TRC was down with scheduled maintenance work on the week of June 11 and Olivine is only running sporadically so the truck volume was especially heavy that week. The landfill gas monitoring wells were recently sampled and a letter report is expected anytime. On June 27 and 28, groundwater samples were taken from both the monitoring wells and several private wells. A duplicate set of samples were taken for the citizens of Cedarvllle to transmit to a testing laboratory of their choice. Mr. John Lelbrant accompanied Tom Smayda of Harper Owes in collecting the samples. The truck scales are now in place and the information systems will be installed next week. A two week "break -in" period is scheduled to familiarize both the attendant and landfill user with the new system. Van Zanten further stated that Cedarville will be closed on July 12 from 10 or 10 :30 a.m. for the rest of the day to cement around the scales. The bids for fencing around the landfill go out on July 11; Van Zanten hopes the new fence will be completely around Cedarville by the end of August. An earlier closing time of 3:30 or 4:00 p.m will be started when the fence is completed. The operators are working overtime to get daily cover on solid waste. Van Zanten stated that the Y Road landfill will be closed on August 1. This has been used for only demolition or construction debris for the last several years. She did note that contractors could set up their own private landfills for construction debris. TRC will be charging $100 per ton after July 1 for all garbage brought in that is not under the City of Bellingham or City of Ferndale contract. Roehl asked if we couldn't charge the same as TRC to discourage Cedarville use. Van Zanten stated that TRC is almost at capacity with their current contracts so they may not be able to take much more. Vanderpol asked if recycling will help. Van Zanten said she hopes this will make a difference. Jackson asked if we could get a list of tests that are being done at Cedarville and those that can be done for pre and post closure. Van Zanten gave the Council members a list of the Public Works projects showing where they are in their progress at this time. Grant applications were submitted by Whatcom County Park and Recreation (1) to Aquatic Land Enhancement to improve and develop a waterfront trail along the banks of Lake Whatcom for 3.55 miles. This will connect two.existing park parcels and will allow hikers, joggers and bicyclists to travel within a few feet of the banks of Lake Whatcom for approximately four miles. (2) This would expand the present one -lane public boat ramp to two lanes with floats separating the two lanes, renovate public restroom from seal vault pit toilets to flush toilets plus showers, and install a fish cleaning station in Lighthouse Marine Park in Point Roberts. The Executive noted that Nor -Bell Nursing Home was passed over to Regency Care on July 1, 1989. There will be a name change to Mount Baker Care Center. All but two of the former employees wiii be retained including the director, Minutes, 7 -6 -89, Page 4 Terry Unger. They will be paid at the same level and retain many of the former benefits. Final checks will be issued from the County July 7th. Van Zanten praised the County Budget Director, Tom Sutberry for all his work in this transition. Van Zanten stated that we have gone to a new phone system with US West. We can no longer dial the City of Bellingham with a four digit number. Management of the phone system also changed on July 1 to George Reid of Information Services. NAT DICKINSON, WHATCOM COUNTY PURCHASING AGENT. Dickinson stated that the staff consists of himself, two buyers, a printer, and a part -time mail person. They do approximately $10 million buying per year. This is greatly affected by effective buying. They have a great diversity of products to buy: food and medications for the jail, office equipment and supplies for all the County offices, road construction materials and equipment, Health department needs, Park department needs etc. He stated they have mailing equipment which has enhanced accountability by reducing the need for stamps in every office. The main theme of Dickinson's talk was the need for centralization of purchasing. The Council expressed total support of this concept and urges all departments to buy through Purchasing. There are better buys on volume purchases; and by standardizing equipment there can be interchange of parts and easier repair. Warner expressed his thanks to Dickinson for an informative report. OPEN SESSION John Leibrant Henry Street /Cedarville The water tests from three months ago have not been released. He stated he wants the results of these tests as well as the Golder Report. How deep are the wells? What did they go through to get there? Jim Maricie 3326 Cedarville Road The Executive has said for the last several meetings that the report will be available next week. He suggested to the Finance Committee that this needs to be checked on as this go -round has to cease. Warner agreed this is not good. Anxious for the vastly overdue water report: Jackson asked if it would be a good idea to write to the firm and state that we are not getting appropriate service. Colleen Zelenka 2117 Postal Avenue Mrs. Zelenka stated that 7 years ago the sewer was instaIIed and the road was never returned to its former condition. Some gravel was dumped at one time but no work was done and now the weeds just grow through the weeds. Mrs. Zelenka said that she and Mrs. Morse, who is in her seventies, have maintained the road as best they can by mowing the weeds so they can get their cars out. She stated that both of their husbands are in poor health and not physically able to help. Hansey stated the complaint will be forwarded to Public Works. Minutes, 7 -6 -89, Page 5 Mrs. Edna Morse 2546 W. Shore Drive Mrs. Morse had the same complaint as Mrs. Zelenka above. Keith Anderson 1915 Academy Road Mr. Anderson expressed fear that our special quality of life in this County may be threatened. Plant and animal species diversity is in. danger of extinction. He stated that clear cutting is particularly disastrous to species diversity as well as water quality and aesthetics. He said that harvesting timber to maintain our high economic quality of life does not have to be done in such a way that is so disastrous to the wildlife habitat. There is an agreement between Trillium, Neilson Brothers and the Planning Department that could be a step forward as they have agreed to leave a 50 foot strip of natural tree zone beside the streams to protect the environment. Neilson Brothers have agreed to leave 35 percent of the trees standing on the property being harvested. He said he would IIke to encourage the Planning department to insist developers leave at least a 50 foot strip at the edge of the streams. He asked the Council to support a watershed management plan that will protect the environment. Barbara Brenner 5617 Northwest Road Spoke of the complaint she filed with the Washington State Bar Association. She stated she originally made her complaint to the Prosecuting Attorney's office about the conflict of interest of Preston, Thorgrimson law firm representing the County on its solid waste plan when Thermal Reduction Company, who they are also representing, is a major component of that plan. Two weeks later I got an answer of why it wasn't a conflict and of certain situations that might arise that would make it a conflict. She said she believes it was a conflict originally but the situations outlined in the Prosecuting Attorney's position have also come to pass. It was mentioned if Ferndale entered into an agreement with the City, it could be a commercial conflict if not a violation of the professional conflict of the Code of Conduct. On June 1 this happened and the draft plan did not arrive until June 26 so Dick Ford of Preston, Thorgrimson law firm is still very actively working on this plan. Brenner further stated that this plan is not even the same animal as the one the SWAC had discussed and revised many times. She stated she spoke to Bob Eslinger, Emily Jackson and Richard Matrask, DOE, who were all at the DOE meeting. They all agreed that it was just to be a fine tuning and not a brand new plan for $50,000. She stated it gives a lot of financial preferential treatment to Thermal Reduction. Ford mentions that TRC get $360 per ton for medical waste; he must have privileged information because TRC would not give the public, the City of Ferndale, the Council or anyone this Information. He does work for the same law firm that represents TRC. Another disturbing factor is the preferential treatment for ash; $40 per ton for ash and more than twice that for solid waste. He states that if the County does not give them the price of $40 per ton they will go elsewhere. Brenner said that Ford threatened that DOE would be more apt to let each facility dispose of it's own ash and the County would lose the revenue. Brenner stated that she could not imagine the DOE telling this County to give preferential treatment to ash. She stated that Ford said that medical waste was not pathological waste but BFR's definition of Minutes, 7 -6 -89, Page 6 medical waste is pathological waste. Brenner stated that TRC was not down when the trucks were diverted to Cedarville on the week of June 11th; she saw medical waste trucks there that week and they were burning medical waste. There is no Iimit now on medical waste at Thermal Reduction and urges the County Council to adopt as an ordinance the petition that has been circulated. Warner asked Brenner to come to the July 20 Public Service and Solid Waste Committee meeting and give a report. He said ash should not be given preferential treatment. Hansey stated that the attorney is presently drafting an ordinance around the petition and that will be introduced at the July 20th meeting. Brenner stated that she hopes we can consider recycling of plastics and paper. Al Gromus 330 Valley Highway Asked if anything was happening on the Strand Road access to the Nooksack River. He stated that Sheriff Mount said only one person was against this and he ( Gromus) had collected 70 signatures of people who were for it being open. He stated that he feels Sheriff Mount closed it down without going through legal channels but that the people need a resolution to open it up. Hansey stated it will be forwarded to the Public Services Committee. Gary Burdett 5066 Strand Road Spoke in defense of closing the road. Stated that there is a great deal of partying done on the Strand Road Beach. People raft from Acme which is about an hour's float and they drop off at the beach at the Strand Road. The rafters are quite often drunk when they get to Strand Road. He stated there is drug buying done at this beach. There are no bathroom facilities and garbage pickup at the beach so the tree line is used. He stated that it would be costly to provide these services. He said he does not want the gravel bar opened up. NO AND FINAL CONSIDERATION 1. ORDINANCE IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE TO GLACIER CABLE PARTNERS LIMITED, FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM WITHIN SPECiFIED AREAS OF WHATCOM COUNTY Hansey opened the hearing; there was no testimony; the hearing was closed. Warner reported that the Public Service Committee had reviewed and recommended adoption of this ordinance. WARNER MOVED THE ORDINANCE BE ADOPTED. Motion carried unanimously. 2. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST N0. 19 This resolution was called "request number 19" and included 138 lots in Sudden Valley. Hansey opened the hearing. Minutes, 7 -6 -89, Page 7 Billie Thoresen, General Manager of Sudden Valley Community Association found the term "unbuil dab lell objectionable. She said she is certain that a few may be in that category but definitely not all of them. She has been speaking to the Treasurer about an end solution to the lots that may come back to the County a second time. She had some curiosity about what the buyer plans to do with these lots but is mostly interested in seeing "unbuildable" excluded from future language. Hansey closed the public hearing. Jackson reported that Finance reviewed and recommended approval of the resolution. She stated that she believed the County is not in a position to determine the condition of each property it sells and would want to discourage that. Warner stated that he had previously proposed adding a clause to the deed about the condition of the lot but has since changed his mind about the wisdom of doing this. WARNER MOVED THAT THE RESOLUTION BE APPROVED. Hansey stated that some of the lots have slopes that would not meet the zoning codes or development standards as they exist today and he has a concern that the County may bear some liability. Jackson stated that some people might want to buy a lot so they can partake of the amenities of Sudden Valley but have no intention of building. She feels we cannot take on the respons'iblllty of the people who buy tax foreclosure property; she wants the County to collect its back taxes and have the properties on the tax roll for the future. Vanderpol stated that someone bought these lots in the first place and wanted them sold and back on the tax rolls. Motion carried. 3. ORDINANCE AMENDING ORDINANCE NO. 86 -88, AN ORDINANCE ESTABLISHING WHATCOM COUNTY FERRY RATES Hansey opened the public hearing. Earle Jewell, 3881 Centerview Road, Lummi Island stated he was in favor of the ordinance with one word change. On page 1, line 23 the word "shall" should be changed to "may ". That would allow the skipper to decide if two men were sufficient on a rainy weekend. Hansey closed the public hearing. Jackson reported that Finance reviewed and recommended approval of the resolution. JACKSON MOVED TO APPROVE THE RESOLUTION AMENDING THE WORD SHALL TO MAY ON PAGE 1, LINE 23. Warner suggested adding motorhomes to Iine 14 and reinstating lines 14 through 16 1/2. Bennett said that they were trying to accommodate small utility trailers that were shorter than cars. Jackson gave some information about other ferry charges throughout Washington. Minutes, 7 -6 -89, Page 8 Jackson withdrew her motion. After a great deal of discussion, it was decided that this ordinance be returned to Finance to clarify the language. ROEHL MOVED TO REFER THIS ORDINANCE BACK TO FINANCE FOR REWORDING. Motion passed. FINAL_ CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, AUDITOR'S APPROPRIATION THEREIN, FOR ADDITIONAL TEMPORARY RECORDING STAFF Jackson reported that the Auditor's office has several people out on extended sick leave which has caused an increase in their workload. The County does not put aside money to replace employees on sick leave so they are working shorthanded. Forslof stated in Finance that they have been attempting to have a one week turnaround for recording. Finance discussed this and recommended one employee at this time and hoped the quality of work would not deteriorate too much because of the conservative budget stand. The person that will be hired is trained. JACKSON MOVED TO ADOPT THIS ORDINANCE. Motion carried with 4 voting yes and Hansey voting no. OTHER BUSINESS (Addendum) 1. GORDON PARBERRYIS REQUEST FOR REZONE Roehl explained this request and stated that this was discussed in Planning and Development Committee; that committee recommended that the Planning department promote a rezone back to light industrial. Parberry's property, located at 640 Marine Drive, had been light industrial but the County rezoned the whole area to heavy industrial; this required large setbacks that made his property almost useless. ROEHL MOVED THIS REQUEST BE APPROVED. Motion carried. 1. RECEIPT OF PETITION TO INCORPORATE BIRCH BAY VILLAGE (A SMALL DEVELOPMENT WITHIN THE AREA KNOWN AS BIRCH BAY) Warner reported that the Public Services and Solid Waste Committee acknowledges receipt of this petition and recommends forwarding it to the Boundary Review Board. WARNER MOVES THIS PETITION BE REFERRED TO THE BOUNDARY REVIEW BOARD. Motion carried. Minutes, 7 -6 -89, Page 9 2. REQUEST FOR RE- AUTHORIZATION OF EDWARD DAVIS' REQUEST TO VACATE A PORTION OF WEST MAPLEWOOD (NEAR THE TWIN GABLES RESTAURANT) Warner reported that the Public Services and Solid Waste Committee had reviewed this request and recommended approval. Mr. Davis ran out of time and requests permission to reapply. WARNER MOVED THIS REQUEST BE APPROVED. Motion carried. 3. DISCUSSION TO FORMULATE CONTENT OF RESOLUTION REGARDING CREATION OF A REGIONAL MENTAL HEALTH SYSTEM Jackson supports Peggy Ball's recommendation that Whatcom County be involved in the 5 County Regional Mental Health System known as Region 3 however, she would like to reserve judgment on the management of this proposal until a later date. Roehl stated that there would be many points along the way when we could reevaluate our decision. JACKSON MOVED TO SUPPORT THE 5 COUNTY REGIONAL MENTAL HEALTH SYSTEM WITH THE PROVISO THAT WE DELAY MAKING A COMMITMENT ON THE MANAGEMENT STRUCTURE UNTIL A LATER DATE Motion carried. Items 4 and 5 were introduced by consent and w i l l be referred to the Public Services and Solid Waste Committee 4. *RECEIPT OF PETITION FOR VACATION OF A PORTION OF DESOTO AVENUE, FILED BY ROBERT TULL ON BEHALF OF E. ALTMAN AND H. GRIFFIN 5. *RECEIPT OF PETITION FOR VACATION OF THE ALLEY WITHIN PLAT OF WEST GENEVA FILED BY ROBERT TULL ON BEHALF OF E. ALTMAN 1. RESOLUTION TO ACCEPT A PARTIAL PAYMENT ON R.I.D. #4 ASSESSMENT FOR BIRCH CREST ESTATES DIVISION #1 TRACT A Jackson reported that this has been held over in committee because there could be a $20,000 loss to the County If we accept this resolution. It was agreed that this could wait until Randy Watts returns from vacation; the Water District said it would not Jeopardize their sale to wait two weeks. 2. RESOLUTION ENDORSING THE CONTINUED STUDY OF EXTENDED AREA SERVICE FOR WHATCOM COUNTY PHONE CUSTOMERS JACKSON MOVED TO APPROVE THIS RESOLUTION. Motion carried unanimously. Minutes, 7 -6 -89, Page 10 Items 3 and 4 were introduced and referred to the Finance & Personnel Committee. 3. *ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 8.12 BY ADDING THERETO A NEW PARAGRAPH PROVIDING 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 4. *ORDINANCE REVISING THE 1989 COUNTY PARKS AND RECREATION FUND APPROPRIATION WARNER MOVED THAT THE COUNCIL CHAIRMAN WRITE A LETTER TO THE WATER- TESTING PEOPLE EXPRESSING CONCERN ABOUT LONG WAIT FOR THE WATER- TESTING REPORT; THEIR SERVICE HAS BEEN INADEQUATE. Motion carried. Jackson has some real concerns about the new Solid Waste Plan that has been given to the County by the consultants. It is completely different than the one on which the Solid Waste Advisory Committee has spent many, many hours. She urged the Council to read the new plan. An EIS scoping has been published by the Consultant and the commenting period for that will close on July 19th. Which plan that Is being scoped Is the question. The plan was given to the Solid Waste Advisory Committee last week and the scoping was released the following morning. Jackson said this does not give the Solid Waste Advisory Committee time to comment on it. There is some doubt about whether the City of Bellingham will use this new plan. Bellingham and the other small cities have not had the opportunity to see the new plan that Dick Ford presented. The DOE comments were being incorporated into the old plan that the small cities and Bellingham reviewed; the small cities signed the interiocal agreement based on that plan, but it is not even being considered at this time. Vanderpol said that the lnterlocal agreement was not connected to the plan, but Warner and Jackson stated that it was connected as it did allow the County to do the planning. The next regularly - scheduled Council meeting will be at 7 p.m. July 20, 1989. Meeting was adjourned at 9 :47 p.m. r- % Ll L.C__ Barbbra Maher, Clerk `