Loading...
HomeMy WebLinkAboutCounty Council June 1 1989WHATCOM COUNTY COUNCIL June 1, 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: Tom Burton Emily Jackson Corky Johnson Will Roehl Dan Warner Mary Vanderpol READING AND APPROVAL OF MINUTES The minutes of the May 4 and May 18 Council meetings were approved as presented. ANNOUNCEMENTS * Item 2 under Other Business and Item 3 under Introduction, regarding the location of juvenile detention ,faciIIties are being postponed until a later date; the juvenile detention facilities wlII be scheduled for discussion at the June 8 Committee of the Whole meeting. * Item 1 under Final Consideration, regarding the Arctic National Wildlife Refuge, is being postponed until a later date when all interested parties will be able to attend. * Item 6 under Other Business; Robert Frost's appeal of the revocation of his conditional use permit, is being moved to the end of the agenda. * An executive session will be added to: Discuss pending litigation (lawsuit against the County Jail) (no paper; requested by Randy Watts) [RCW 42.30.110 (1)(1)1; and for Council to be briefed by its attorney in the matter of the Robert Frost conditional use revocation appeal (information received or on file) [RCW 42.30.140 (2)]. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR PRINTING AND COPY PAPER TO THE LOWEST RESPONSIVE BIDDER, WILLIAM DIERICKX CO., AT A SIX -MONTH ESTIMATED COST OF $10,103.50 Executive Shirley Van Zanten said this company was the lowest responsive bidder. Warner noted that Finance had reviewed and recommended approval of this and the next three bid award recommendations. WARNER MOVED THAT THE FIRST FOUR BID AWARD RECOMMENDATIONS ON THE AGENDA BE APPROVED. Motion carried. Minutes, 6 -1 -89, Page 2 2. BI D AWARD RECOMMENDATION TO REBUI LD TWO CATERPI LLAR D343 ENGINES FOR USE IN THE WHATCOM CHIEF TO THE ONLY BIDDER, N.C. MACHINERY, FOR $15,764 (LABOR) AND $22,617 (PARTS) (PLUS OR MINUS 10 %), FOR A PROJECTED TOTAL COST OF $38,381 PLUS SALES TAX 3. BID AWARD RECOMMENDATION FOR THE SUPPLY OF INFLUENZA VACCINE FOR THE UPCOMING FLU SEASON TO THE LOW BIDDER, WYETH AYERST, AT A TOTAL COST OF $10,057.50 4. REQUEST FOR AWARD OF CONTRACT FOR THE RELOCATION OF NORTH SHORE DRIVE, CRP 99178, TO ONE WAY CONSTRUCTION IN THE AMOUNT OF $276,933.00, INCLUDING TAXES See action under item one. 5. REQUEST FOR AWARD OF CONTRACT FOR DIVERSION SERVICES FOR THE FISCAL YEARS 1989 -91 AND 1991 -93 TO NORTHWEST YOUTH SERVICES Van Zan ten said this program is fully funded by state grant. Red Cross is the current contract holder; however, she is recommending that Northwest Youth Services get the contract this year. The primary reason is that the agency specializes in youth activities, and the administration was impressed with how NWYS said it would work with volunteers. Warner said Finance discussed the issue at length. WARNER MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO A CONTRACT LINDER THE CONDITIONS INDICATED IN THE COUNCIL PACKETS Burton asked Juvenile Court Administrator Gerald Wood to explain what the closure rate for the program is, and whether other counties have experienced declines in closure rates similar to that experienced by Red Cross recently. Wood said the closure rate is based on all the kids who complete all activities ordered by the court. He said he would Iike to have a firm 1n charge that would take the time to make sure all these kids' activities are met. Burton asked how Wood could be sure that NWYS closure rate would be higher. Wood said they have done good work in other counties. Johnson asked why Wood was not sure NWYS would do better than Red Cross. Wood explained the way diversion programs work, then said that Red Cross has a lapse in service due to changing program managers. Hansey said he thought he'd heard Red Cross say the closure rate was around 90 percent for signed agreements, but way down for kids referred. Wood said in 1988 1,013 cases were referred to diversion programs; of that only 50 percent were completed and 557 signed agreements. Hansey asked how many of those who signed agreements completed the program. Wood did not respond, but restated the above figures. Hansey asked him twice more, finally clarifying that Wood must mean that of the 557 who agreed to go into the program, about 90 percent of the kids completed their requirements. Wood agreed, but had said that of the totai number referred to Red Cross only 54 percent finished. Hansey said that NWYS said they plan to have a 90 percent closure rate; he asked if Wood knew whether that would be 90 percent of the total number referred, or 90 percent of the number that agree to enter the program. Wood said that information is not specified in the contract. Hansey said he was troubied by Minutes, 6 -1 -89, Page 3 this, that the new organization may not do anything better than Red Cross. Vanderpol said he has heard there is room for improvement in the way that Red Cross has worked with volunteers. Although things have Improved in the past few months, he said an agency that is involved with youth services full -time deserves the Council's support. Motion carried. 6. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO NEGOTIATE A CONTRACT FOR PREPARATION OF THE COUNTY'S HAZARDOUS WASTE PLAN WITH PAUL S. RUNNING AND ASSOCIATES Van Zanten said this firm has worked with four other counties on the same sort of plan. Some of this work will be paid for by the state Department of Ecology (DOE). She said only $46,000 was budgeted for this study, and that more money may be needed to cover the work. She said a ceiling of $55,000 should be set, with the additional money coming from the Solid Waste Fund. Warner said Finance recommended approval. WARNER MOVED TO AUTHORIZE THE EXECUTIVE TO NEGOTIATE A CONTRACT iN AN AMOUNT NOT TO EXCEED $55,000. Johnson said he felt the County may as well just write a check for $10,000 and give it to the company. If $45,000 was budgeted, that is what the contract should be negotiated for, he said. Warner said the administration may be able to negotiate the contract for $35,000, but that the amount wasn't known; that is why the administration was asking for an extra $10,000, to have some latitude. Johnson said why would the company negotiate for anything lower If it knows the county's ceiling. Van Zanten said the contractor is paid a fixed hourly rate, and the hours must be documented. JOHNSON MOVED TO AMEND WARNER'S MOTION TO SAY: "... IN AN AMOUNT NOT TO EXCEED $45,000." Warner said he had no objection, but then he noted the administration may be back later to ask for more money. Motion to amend carried. Original motion as amended carried. The Executive requested at the Finance Committee meeting that the following item be added: 7. NOR -SELL CONTRACT Van Zanten said she brought the contract to the Finance Committee. It would authorize leasing the physical structure beginning July 1 for three years, and allowing the contractor to assume the license for the beds and assume full management. The County's responsibility to the staff will be concluded, and the county will act only as landlord of the building. The county will receive $213,000 in three years. She praised the following people for their work on this project: Tom Sutberry, Terry Unger, Dewey Desler, and Dave Cottingham. Minutes, 6 -1 -89, Page 4 Warner said the contract was received at the Finance Committee meeting and was discussed with the Executive at that time. Finance agreed to recommend this contract be authorized. He noted that if the state Department of Social and Health Services imposes additional requirements on the physical structure of Nor -Bell, the county will be responsible for the cost. However, it may pass those costs on to Regency Health Care through the rent for Nor -Bell. WARNER MOVED THAT THE EXECUTIVE BE AUTHORIZED TO ENTER INTO THIS CONTRACT. There was some discussion. Motion carried. 8. EXECUTIVEIS REPORT Engineering Honors: Van Zanten congratulated Ed Henken on his good work, noting that the County has once again received a certificate of good standing from the state. Lummi Ferry Report: She said in 1987 and 1988 the fees for using the Lummi Ferry exceeded 55 percent of the operating costs, so at this point she does not recommend an increase in the rates. Monthly Road Report: On file; no discussion. Court Commissioner Cost Analysis: Budget Director Tom Sutberry prepared the analysis. He found that more resources would help, but that costs to pay salaries, for office space and equipment and a hearings room would be needed. It was agreed that this would be discussed at a future Committee of the Whole meeting. Solid Waste Report: Of particular interest in the report was a chart showing "waste volume surges" caused by incinerator closures, etc. Van Zanten said it makes it very difficult to manage the landfill and it depletes the available capacity. She said Cedarville has had its problems, but urged Council members to praise the landfill employees, not always criticize them, because they are doing the best job they can. Not included in the written report (although later she submitted a memo for Council records, with a copy of her notes; on file) were comments about the disposal of dead animals at the landfill, which violates County Code. She said Dr. Jones feels dead animals are properly disposed of at the landfill, and that a solution needs to be found. Daily cover still has been a problem, but crews are sometimes being worked overtime in order to get it done. In the next week she said she would make a directive that the landfill be closed at 3 :30 p.m., in order that proper covering will take place. She is having staff look into fencing the entire landfill, at a cost of about $50,000; she said the Council would need to commit to spending that kind of money. She also noted that the hydrogeologic and DSHS reports are not yet available. The siting of a new landfill is slow, although nine sites are being examined closely. Staff is arranging to get options on all the properties, so that the County can have up to 12 months to examine them and select three for environmental impact statements. All the cities in the county have been Minutes, 6 -1 -89, Page 5 contacted about signing the interlocal agreements. *SPECIAL DEPARTMENT REPORT* ROGER DESPAIN, DIRECTOR, WHATCOM COUNTY PARKS AND RECREATION (TOPICS INCLUDE THE 1989/90 LEVY EXPENDITURES, PARKS AND RECREATION COMPREHENSIVE PLAN, REPORT ON PROGRAMS, ETC.) DeSpain distributed packets of information about the Parks Department to go along with his presentation. The packet is on file under PARKS. Topics he addressed included: 1. Parks and Senior levy project priorities 2. Key dates in the preparation of the comprehensive plan 3. Sumas library and senior center project 4. Senior center additions 5. Various programs and festivals coming this summer. OPEN SESSION John Liebrant Henry Street /Cedarville Van Zanten brags about what a good job her staff is doing, even though the county has been breaking the law for years, he said. He noted that he didn't hear her thanking the Cedarville citizens for their diligence in pointing out problems at Cedarville, and for all the trouble they've gone through. He said he would like to address his comments to Van Zanten, but she had "run off again." Hansey told him to please direct his comments to the Council. Liebrant said he would like to get his own samples of water from the test wells at Cedarville and have tests conducted on his own. Warren Webb Chairman, American Red Cross (no address) Expressed his disappointment in the decision about the youth diversion contracts. He understood his comments would have no affect on the decision, but he wanted it pointed out that there have never been complaints made about the performance of Red Cross, and he didn't think it was fair to make a change due to problems that don't in fact exist. Ron Morgan Lake Whatcom Watershed resident (no address) Requested that the Council place a discussion of various forest practices being applied for by Trillium and others on the next agenda, because he would like a chance to talk to the Council about them. Warner said staff has been working on forest practices applications, and that he thought it would be appropriate to a discussion at a future meeting. Barbara Brenner 5617 Northwest Road Commented about dead animals at the landfill. Also asked that the Council support the proposed study by the Utilities and Transportation Commission to have the county covered by one phone system, which would eliminate long distance Minutes, 6 -1 -89, Page 6 charges in some cases. She noted that after 5 p.m. county residents can only reach the Council Office by calling long distance. She had put together a resolution the Council could consider that stated its support; she read it into the record but did not submit a copy. Gordon Parberry 340 Marine Drive Lives on Eldridge Industrial site. Said his property was zoned for heavy industrial use, but the setbacks only leave him with a tiny spot of land to work with. He would like to be down -zoned to light industrial, but doesn't want to spend $1000 to get it done. He asked if It could be considered a county error, and therefore wouldn't cost him. Hansey asked Planning Director Dan Taylor to look into it. Taylor said he would address the situation at the next Planning and Development Committee. There was a problem with the sound system; Hansey jokingly moved that the Council buy a new sound system. Art Hyatt No address Regarding the postponement of consideration of the ANWR resolution: Once again the Council has subverted the public process because of corporate interest, Hyatt said. Just because ARCO manager Fielding Formway contributes to the campaigns of Council members is no reason to give in, he said. He urged a moratorium on development in the Lake Whatcom Watershed. Jim Maricle Cedarville Road He criticized Van Zan ten for leaving the meeting immediately of ter the Executive Items were completed. He asked why the contractor hadn't already narrowed the number of potential landfi I I locations to one, instead of going through the tedious process being followed now. HEARING AND FINAL CONSIDERATION 1. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE This resolution was called "request number 16" and included three lots in Sudden Valley. Hansey opened the hearing; there was no testimony; the hearing was closed. Warner reported that Finance reviewed and recommended approval of the resolution. WARNER MOVED THE RESOLUTION BE APPROVED. Motion carried. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. MODIFYING RESOLUTION 88 -12, WHICH STATED THE COUNCIL'S INTENT TO SUPPORT RESPONSIBLE DEVELOPMENT OF OIL PRODUCTION iN THE ARCTIC NATIONAL WILDLIFE REFUGE, IN ORDER TO FURTHER EMPHASIZE THE COUNCIL'S ENVIRONMENTAL CONCERNS Minutes, 6 -1 -89, Page 7 Warner asked if he could make a brief comment in response to Art Hyatt's statements during open session. He noted that the Council always postpones matters so that interested people can attend, if it gets such requests. Fielding Formway's office requested that he be given the opportunity to be present when the ANWR resolution is discussed. The Council was merely extending a courtesy to a citizen; Mr. Formway "is not buying us off," Warner said. 2. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, NON- DEPARTMENTAL APPROPRIATION THEREIN FOR CONTINGENCY PAYOUT PURPOSES Warner reported that several retirements are coming soon, and at least one employee had accrued a significant amount of money in an account. This will provide for payments to those individuals. Finance reviewed and recommended adoption of the ordinance, Warner said. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously (5 -0). 3. ORDINANCE AUTHORIZING THE WHATCOM COUNTY TREASURER TO CREDIT A DEPOSIT MADE UNDER ORDINANCE NO. 83 -5 When Mr. Waisman withdrew from the bid for 300 plus Sudden Valley properties, his $17,000 deposit remained in the County's coffers. He would like to apply a portion of the $17,000 to the purchase of the 202 lots now being put up for sale (see 6/15 hearing), with the remaining money refunded. Warner said Finance decided not to bring this ordinance forward for consideration, although the decision was not unanimous. The arguments in favor of the ordinance noted that the purpose of the $50 per lot fee is to pay for the service of putting the properties up for sale. The service cost is no different for one lot than it is for 350. However, there is no obligation on the county's part to refund the money. No one chose to make a positive motion. The ordinance died. 4. ORDINANCE REVISING THE 1989 REAL ESTATE EXCISE TAX CAPITAL IMPROVEMENT FUND Warner noted that last year the Council approved money for a water project in the Cherry Point area. All of the money wasn't spent in 1988, nor was the job finished. So this year Ray Weden, the contracting engineer, would like to use the leftover money plus $10,000 for further extension of water services. Finance reviewed and recommended approval, he said. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. OTHER BUSINESS 1. REGARDING OLIVINE CORP. PERMIT RENEWAL APPLICATION: A MOTION TO SCHEDULE A PUBLIC HEARING BEFORE THE HEALTH DEPARTMENT ADVISORY Minutes, 6 -1 -89, Page 8 COMMITTEE TO TAKE COMMENT ON THE APPLICATION, AND REPORT ON ITS FINDINGS AND RECOMMENDATIONS IN THIS MATTER TO THE COUNTY EXECUTIVE AND TO THE HEALTH OFFICER (PER WCC 24.06.052) PRIOR TO JUNE 30 Hansey noted that this is the first time the Council would be acting as the Health Board. He said the Health Board would receive this application and request the Health Department Advisory Committee to have a public hearing on the matter. Warner noted that although the HDAC would have the hearing, it would not be issuing the permit; that is the duty of the Executive and the Health Officer. Hansey asked if there was an objection. There was none. 2. INTERLOCAL AGREEMENT BY AND BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM (SAME TOPIC AS ABOVE) (SEE ITEM 3 UNDER INTRODUCTION) Postponed until June 8. 3. DISCUSSION OF PROCEDURES FOR CONDUCT IN OPEN SESSIONS No discussion. 4. APPOINTMENT TO THE BOARD OF EQUALIZATION TO FILL V I R G I N I A WALSH' POS I TI ON WARNER NOMINATED EDNA JORGENSON TO FILL THE VACANCY (there were no other applicants). Motion carried unanimously. 5. DISCUSSION - SUGGESTION BOX FOR COUNTY EMPLOYEES Warner noted that at the Council's retreat in January, it was decided that a suggestion box would be useful. The Executive has said it could be mounted in the Courthouse lobby, so that anyone can put suggestions in it. He said staff could sort through the messages, passing some along to the Executive, some to the Council. If a county employee makes a cost - saving suggestion, Warner said he personally would be happy to chip in money from his own pocket to reward the employee, or to allow the person to use a Council parking space for 30 days. Johnson said he thought it was a great idea, but said he would IIke to see a suggestion box in every department; he also said the Park Department should build the box, rather than the Council paying a private citizen to build one (Jackson had solicited a bid from a local carpenter for a box costing $40). Warner said the Chairman should be authorized to have one made by the best possible source. As for putting one box in the lobby versus one in every department, Warner said one centrally located box would allow employees to make suggestions anonymously. Hansey said he would check with the Parks department to see if one box could be built. Burton said the suggestion box idea is "silly and sophomoric" because if people have suggestions they "know the avenues." Warner said most major corporations have suggestion boxes and they are looked on as an effective means of communication. If taken seriously, they can Minutes, 6 -1 -89, Page 9 be a good thing. There was no further discussion. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION RE HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 19 Warner noted that these are the so- called "unbulldable" lots In Sudden Valley. Finance reviewed and recommended approval. WARNER MOVED THAT THE RESOLUTION BE APPROVED. Motion carried. 2. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT 99178 AND THE AWARD OF CONTRACT FOR RELOCATION OF NORTH SHORE ROAD WARNER MOVED THAT THE RESOLUTION BE APPROVED. Motion carried. 3. RESOLUTION AUTHORIZING THE SITE LOCATION OF THE JUVENILE DETENTION FACILITIES (PAPER WILL BE RECEIVED PRIOR TO THE MEETING) Postponed until June 8. Items 4 -12 were introduced by consent and referred to the appropriate committees. 4. *RESOLUTION TO SELL PROPERTY, REQUEST NO. 19 5. *ORDINANCE REVISING WHATCOM COUNTY PUBLIC HEALTH FUND APPROPRIATION FOR PLANNING GRANT 6. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, PLANNING DEPARTMENT APPROPRIATION THEREIN 7. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, NON- DEPARTMENTAL APPROPRIATION THEREIN FOR CLOSEOUT OF NOR -BELL CARE CENTER FUND 8. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND AND COUNT PARKS AND RECREATION FUND APPROPRIATIONS FOR BOAT PATROL 9. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, PROSECUTING ATTORNEYIS BUDGET THEREIN 104 *ORDINANCE REVISING THE 1989 INDEPENDENT FUND PHYSICAL PLANT AND FACILITIES CAPITAL BUDGET THEREIN 11. *ORDINANCE TO AMEND ORDINANCE 867 -88, AN ORDINANCE ESTABLISHING WHATCOM COUNTY FERRY RATES (PAPERWORK WILL BE TO YOU TUESDAY, MAY 29) Minutes, 6-1 -89, Page 10 12. *ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE TO PROVIDE FOR LIMITED TRANSIENT ACCOMMODATIONS IN PLANNED UNIT DEVELOPMENTS IN THE URBAN RESIDENTIAL AND URBAN RESIDENTIAL MEDIUM DENSITY ZONES REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Testimony - Health Department Advisory Committee Meetings: Warner asked if the-Council could authorize the HDAC to have fact - finding hearings, taking sworn testimony from both county employees and private citizens. WARNER MOVED THE REQUEST ATTORNEY JACK SWANSON TO DETERMINE WHETHER A CREDIBLE DETERRENT EXISTS FOR THE COUNTY'S VIOLATION OF HEALTH DEPARTMENT REGULATIONS, OR DO CIVIL PENALTIES MERELY GET TRANSFERRED FROM ONE BUDGET TO ANOTHER; HE ASKED SWANSON TO REPORT BACK TO THE HDAC. Hansey said if this requires an interpretation of the charter the Prosecuting Attorney's Office should carry out this request. He said he does not know if the Council can delegate its subpeona powers. There was discussion. Johnson suggested that the three Council members on the HDAC could exercise the Council's subpeona powers. Warner noted that Johnson's point was a good one, but that a letter from Randy Watts and /or Jack Swanson would help clarify matters. WARNER AMENDED HIS MOTION SO THAT SWANSON WILL BE ASKED ABOUT THE DETERRENT FOR COUNTY VIOLATIONS, AND WATTS WILL BE ASKED TO COMMENT ON THE COUNCIL'S ABILITY TO DELEGATE SUBPEONA POWERS. There was consensus. County Phone System: Warner said Brenner's comments about the phone system were good ones. It is aggravating to call from Squalicum Lake Road to Blaine without charge, yet pay for a toll call to a place two miles away. He said It would be a good idea for the Council to urge the Utilities and Transportation Commission to look into unifying the County under one phone system. WARNER SO MOVED. Vanderpol concurred, said another disadvantage to the present phone system is that businesses must advertise in three yellow pages directories in order to reach all areas of the County. Motion carried, with Johnson abstaining from the vote. Public Address System: HANSEY MOVED THAT THE COUNCIL FORMALLY REQUEST THAT THE ADMINISTRATION INVESTIGATE THE POSSIBILITY OF REPLACING THE P.A. SYSTEM IN THE COUNCIL CHAMBERS AND THAT THE ADMINISTRATION BRING FORWARD ITS RECOMMENDATION TO THE COUNCIL IN 30 DAYS. Minutes, 6 -1 -89, Page 11 Motion carried. Free Garbage- Dumping Privileges: Johnson reported that for years the County has allowed the Deming Logging Show organizers to dump garbage from that event for free at Cedarville. This year the administration wants to charge them. He said the Logging Show people should be allowed to dump garbage for free. Hansey said the city of Bellingham and the small cities got a letter from Public Works announcing that there would be a dumping fee for all garbage gathered during the annual spring clean up this year. There was more discussion. Hansey noted that it may not be within the Council's jurisdiction to do anything about this. Warner pointed out that if one non- profit group is allowed to dump without charge, then all of them would have a basis for not paying garbage fees. Hansey said he would look into the situation. Council recessed at 9 :15 into Executive Session to discuss two topics: Pending litigation and a briefing of the Robert Frost appeal. They returned after 15 minutes. OTHER BUSINESS 6. APPEAL OF REVOCATION ORDER, CU 48 -85 ROBERT FROST, 5602 GUIDE MERIDIAN - BUILDINGS AND CODE RECOMMENDATION BURTON MOVED TO REMAND THIS APPEAL TO THE HEARING EXAMINER, IN ViEW OF NEWLY- RECEIVED INFORMATION. Motion carried unanimously. The meeting was adjourned at 9:35 p.m. ATTEST: WHATCOM COUNTY COUNCIL 4HATCOM COUNT , WA IN /C /�24� Ramona Reeves, Council Clerk onald G. an y, Chairman