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HomeMy WebLinkAboutCounty Council June 15 1989a WHATCOM COUNTY COUNCIL June 15, 1989 Council Chairman Don Hansey called the meeting to order at 7 p.m. in the Council Chambers. There was an over - capacity crowd. Other Council Members Present: Absent: Tom Burton Emily Jackson Corky Johnson WiII RoehI Dan Warner Mary Vanderpol READING AND APPROVAL OF MINUTES Minutes of the May 11 Special Committee of the Whole and Council Meetings were approved as presented. ANNOUNCEMENTS Hansey explained the order of the agenda. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION FOR THE SUPPLY OF PETROLEUM FUELS DURING THE PERIOD JULY 10 1989 TO JUNE 30, 1990 TO THE LOW BIDDER, KEITH OIL, INC., AT AN ESTIMATED ANNUAL COST OF $176,637.00 Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. 2. BID AWARD RECOMMENDATION TO OBTAIN LOCAL CARD LOCK PUMP SERVICE TO SUPPLY UNLEADED REGULAR GASOLINE TO APPROXIMATELY 125 COUNTY -OWNED VEHICLES TO THE LOW BIDDER, BOSMAN, INC., AT AN ESTIMATED YEARLY TOTAL COST OF $46,561 Van Zanten said the old service station on Prospect Street is being closed and removed. This is a one -year contract. Warner reported that the Finance Committee recommended approval. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 3. BID AWARD RECOMMENDATION FOR OBTAINING AND INSTALLING THREE HIGH DENSITY FILING SYSTEMS FOR THE PROSECUTING ATTORNEY'S OFFICE TO THE LOW BIDDER, TAB NORTHWEST, AT A TOTAL COST OF $11,264.35 Warner reported that the Finance Committee recommended approval. WARNER MOVED THAT THE ITEM BE APPROVED. Minutes, 6/15/89, Page 2 Motion carried. 4. BID AWARD RECOMMENDATION FOR THE RECONSTRUCTION OF ENTERPRISE ROAD, CRP NO. 99168, TO THE LOW BIDDER, WILDER CONSTRUCTION CO., IN THE AMOUNT OF $916,235.00, INCLUDING TAXES (SEE ITEM 2 UNDER INTRO) Warner reported that the Finance Committee recommended approval. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. INTRODUCTION - 2. RESOLUTION ESTABLISHING COUNTY ROAD PROGRAM PROJECT NO. 99168 AND THE AWARD OF CONTRACT FOR THE RECONSTRUCTION OF ENTERPRISE ROAD (SEE ITEM 4 IN EXECUTIVE ITEMS) Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO THE FOLLOWING SERVICE CONTRACTS FOR THE DEVELOPMENTAL DISABILITIES DEPARTMENT: A. VANGUARD NORTHWEST FOR SPECIALIZED INDUSTRIES IN THE AMOUNT OF $36,209.. B. CURRENT INDUSTRIES FOR SPECIALIZED INDUSTRIES IN THE AMOUNT OF $247,585 AND FOR GROUP- SUPPORTED EMPLOYMENT IN THE AMOUNT OF $96,768 C. LOCAL FOCUS /PIONEER RIDGE HEALTHCARE FOR COMMUNITY INTEGRATION SERVICES IN THE AMOUNT OF $70,836 D. NORTHWEST INDUSTRIES FOR SPECIALIZED INDUSTRIES IN THE AMOUNT OF $259,517 E. WESTERN CENTER FOR EARLY LEARNING FOR EARLY CHILDHOOD SERVICES IN THE AMOUNT OF $121,356 F. SENIOR DROP -IN CENTER FOR RETIREMENT RELATED SERVICES IN THE AMOUNT OF $76,284 G. KULSHAN VOCATIONAL SERVICES FOR INDIVIDUAL /COMPETITIVE EMPLOYMENT IN THE AMOUNT OF $190,164 Van Zanten said all of these contracts are for two -year periods. Warner noted that the Council had received several letters and phone calls indicating that a certain segment of the Developmental Disabilities community is not being served. He said Carl Allen, director of D.D., explained in a letter that there Minutes, 6/15/89, Page 3 are about 75 people who would be served if more funding were available. However, the County doesn't control how much money there is, the state does. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 6. NEW APPLICATION FOR A CLASS P LIQUOR LICENSE BY PAM J. DULING FOR COUNTRY FIXIN'S, 5745 NW DRIVE, FERNDALE, WA 98248 Johnson reported that Public Services recommended approval of this item. JOHNSON MOVED THAT THE ITEM BE APPROVED. Motion carried. 7. NEW APPLICATION FOR A CLASS E,F LIQUOR LICENSE BY SAMUEL F. MILLER AND NOLA L. MILLER FOR SAM'S MAXIMART, 8101 BLAINE ROAD, BLAINE, WA 98230 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 8. APPOINTMENTS TO THE NORTHWEST SENIOR SERVICES BOARD: 9. REAPPOINTMENT OF ALAN ROSS TO HIS FIRST, FULL THREE -YEAR TERM TO RUN FROM 7 -1 -89 TO 6 -30 -92 10. REAPPOINTMENT OF FRANK YOUNT TO HIS FIRST, FULL THREE -YEAR TERM TO RUN FROM 7 -1 -89 TO 6 -30 -92 11. REAPPOINTMENT OF BUCK WASHINGTON TO HIS SECOND FULL THREE -YEAR TERM TO RUN FROM 7 -1 -89 TO 6 -30 -92 13. NEW APPOINTMENT OF FRANKLIN HERALD CARRICO TO A FIRST FULL THREE - YEAR TERM TO RUN FROM 7 -1 -89 TO 6- 30 -92. HE WILL FILL A VACANT POSITION ON THE BOARD Items 9 through 13 should have been under item 8 as sub - categories. Item 12 does not exist; the numbering was faulty. WARNER MOVED THAT THE APPOINTMENTS BE CONFIRMED. Motion carried. 14. EXECUTIVE'S REPORT Heath Director: Dr. Frank James will soon be starting at the Health Minutes, 6/15/89, Page 4 Department (within a month or so). Forest Practices Summary: Van Zanten noted that the report (on file, under "environment "), was distributed. She said such reports are beginning to eat away at staff time. Solid Waste Report: Included in the report (on file) is a waste reduction and recycling grant application for Council's information. Jack Weiss was hired as a solid waste specialist. John Liebrant will get the water samples he requested at the last meeting. Other items were discussed. Roehl asked how far off the site selection is; Van Zanten said the list of eight final sites and a revised comprehensive plan will be prepared in the last week of the month for distribution to the Council and its Solid Waste Advisory Committee. *SPECIAL DEPARTMENT REPORT* PRESENTATION BY LARRY MOUNT, WHATCOM COUNTY SHERIFF Mount said that the five new deputies hired earlier this year are still in training. Three deputies have left to work with the Bellingham Police Department, three more have been hired to replace them. Of the 26 deputies on staff to patrol the road, ten of them have had less than one year's experience on the job. Among the other topics addressed by Mount: Drug task force is going strong; the number of calls are increasing; the DARE program is successful, more schools are getting involved; there has been a special crack- down on keggers; a boat patrol is being instituted on Lake Whatcom and Lake Samish, two boats were donated by Hawley's Boats and Motors for this purpose; the jail has been operating above capacity for the past few weeks (Mount attributes the increase to the population growth in the county). 8 pm There was some discussion about the capacity problem at the jail. OPEN SESSION Lloyd Austin 1838 Lakeside He favors the boat patrol on local lakes. Fred Miller 3229 N. Shore Road Sa i d he was the f i rst of f i ve speakers on beha I f of Fr i en ds of Lake Whatcom that will be talking about forest practices in the watershed. He alluded to a loophole strategy (later explained by Ron Morgan) in the forest practices restrictions. After a lengthy presentation, he said the county has the option of placing a six -year moratorium on development of such land. He said the county should learn from the mistakes made in Snohomish and King counties. Gordon Scott 312 Alderwood Avenue He said urban development could harm the watershed more than anything. If acquifers in the north part of the county go bad, Lake Whatcom will be even more crucial. He wanted the Council to direct the planning staff to look at lakes in other areas, to see how they have handled development. He distributed Minutes, 6/15/89, Page 5 a few newspaper clippings, which are on file. Ron Morgan Delesta Drive Council needs to make sure that development is consistent with protecting the watershed. Citizens are hiring lawyers to ensure this, and they shouldn't need to. The Trillium /Nielson forest practices permit should be reclassified. Even though the Planning Department came to an agreement with the applicants that Trillium can't develop the logged land for six years, there is no restriction on selling the land to someone else who could develop it. There should be a covenant on the property so that the new owner can't claim ignorance of the restriction against development on the former owner. He said there are examples of such situations occurring with other Trillium properties on Whidbey Island. Eagleridge development on North Shore Drive is another example. He urged the Council to set a policy to prohibit such things from happening, and make sure it is strictly enforced. Craig Lonager 2970 N. Shore Drive He distributed a letter (on file) that requested the Council form its own Lake Whatcom Watershed Committee (one already exists), create and enforce covenants with companies such as Trillium, and extend the development moratorium from six to ten years. Elaine McCory 1781 N. Shore Road 'Prevention is better than the cure; the Council needs to implement the Lake Whatcom Watershed Management Plan, which has good points in it. Barbara Brenner 5617 Northwest Ave. She commented on Van Zanten's solid waste report. She said the initiative regarding the importation of medical waste, being received by the Council later in the evening, is important and should be made into law just as it is by the Council adopting it as an ordinance. Ed Knight 238 Pacific Highway Wanted Council to reconsider its resolution on ANWR. He said the oil companies' information in support of the exploration in that area is.flawed. Lora Steiger 2415 -1/2 E. Street Wants Council to withdraw its support of development in ANWR. Applauded Jackson for attending an Audobon Society meeting recently to find out the other side of the issue. Art Hyatt 2318 North Shore Road if the Council is truly concerned, why did it strike words about being a caretaker of the environment (in the revised resolution being considered later), he asked. He said it appears the Council is being dragged, kicking and screaming, Minutes, 6/15/89, Page 6 into environmental consciousness. A majority of people don't support development of ANWR; the Council should follow the will of the majority. Hansey noted, for the record, that the stricken language referred to by Hyatt was off -set by added language about the Council's responsibility to safeguard the environment and the area's fishing resource, among other things. He said it was misleading of Hyatt not to tell the whole story. Al Gromus 3330 Highway 9 Said he has been dealing with the County Council Office and not getting much response. He said because of complaints by one person, access to the Sumas River at the end of Strand Road has been cut off. Hansey said he would check into it further. Warner said he appreciated the valid concerns raised by people concerned about the Lake Whatcom Watershed. He noted that a Lake Whatcom Watershed committee does exist, and that maybe the three Council members on that committee should meet to discuss policy direction for forest practices applications. He noted that there are so many watershed - related issues that maybe a separate person needs to be hired for the Planning Department just to deal with those matters. Roehl said an ordinance is in the works regarding a six -year moratorium on development. There was a short break taken at 8 :55 p.m. The meeting reconvened at 9 :03 p.m. HEARING AND FINAL CONSIDERATION 1. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY'S SIX -YEAR COMPREHENSIVE ROAD PROGRAM FOR THE YEARS 1990 -1995 The hearing was opened. Kathy Morrow 990 S. Lake Whatcom Boulevard Complained about the placement of Park Road on the priority list, when it is one of the county's worst roads according to engineering's ranking list. The road is so bumpy her kids are getting hemorrhoids from riding the school bus every day, she said. Don Beaty 4542 Freemont Said the Euclid connector (as opposed to the a viable solution to traffic problems in the Lake wanted to know why it was listed as a top priority has not been on the list in previous years. Roehl said he couldn't explain it. Warner Services committee asked that it be placed on the and funding pursued, if necessary. Yew Street connector) is not Whatcom Boulevard area. He in the road program, when it said he could; the Public Ilst so it could be studied Minutes, 6/15/89, Page 7 Al Couch 1943 Lake Whatcom Boulevard Wants the Rocky Ridge project delayed, and that money ($800,000) put into improvements to the Lake Louise Road. He addressed Mr. Beaty's question about how the Euclid connector suddenly appeared on the six -year road program, saying that for years he (Couch) has been after the county to pursue that route. Roy Von Schottenstein (No address) Talked about Lake Whatcom Boulevard problems, noting that now 500 people agree that they don't want it to become a superhighway. Vanderpol said these topics will be discussed in a July 13 Committee of the Whole meeting, although he did not know if there would be time for public discussion. Hansey said it will be a work session with staff, although maybe later in the meeting there will be time for public comment. He said written suggestions would be accepted prior to the meeting. Warner apologized to the audience, noting that he had informed several citizens they would be able to testify at the July 13 meeting. Lloyd Austin (no address) Asked about funding of the various proposals in the Lake Whatcom area. Hansey said that would be among topics discussed on July 13. Roehl asked Engineer Ed Henken to explain what the different priorities mean on the six -year road program. Henken said the program is a "wish list" of projects. Some have money for engineering and right -of -way costs, but no construction money. The final priority will depend on funding available. Roehl asked why Yew Street connector is priority 10 and Lake Whatcom Connector is priority 36. Henken said money is needed for the Yew Street connector so that it can be studied. Overall the priorities don't mean that much, Henken said. There was more discussion. JOHNSON MOVED THAT THE SIX YEAR ROAD PROGRAM BE APPROVED. JOHNSON MOVED TO AMEND THE ROAD PROGRAM, TO SWITCH THE ITEMS UNDER PRIORITY NUMBERS 36 AND 10. Motion to amend carried. 9 :40 Amended motion carried. 2. RESOLUTION TO SELL PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 17 (202 LOTS) Hansey opened the hearing. Doug Wilson 598 Sudden Valley Works with Sun Mark Properties. Said other people are interested in individual or small blocks of lots. Urged Council to sell the lots individually instead of in a block of 202. Minutes, 6/15/89, Page 8 Deborah Elliot 18 Strawberry Place Wants to bid on the lot next to her home, and therefore would Iike the Council to sell the lots individually. She and her husband were waiting for a three year probationary period to expire, during which the delinquent taxpayer could have reclaimed his /her property. She said she didn't know that an attorney could have been hired to have the probationary period dropped. Lawrence Nordell Chuckanut Crest Drive Would like to buy the lot adjacent to his home, wants the lots sold individually. Robert Waisman (no address) The reason he did not buy the 350 lots he had bid on a few months ago was that many were unbuildable. He offered to make arrangements with interested people to purchase lots at his cost. Vanderpol asked what Waisman's costs were. Waisman said that would depend on the final bidding costs. Hansey asked what percentage would Waisman charge above his costs. Waisman said 10 percent. There was more discussion. Roehl asked if Waisman meant that people could buy a lot at Walsman's cost plus 10 percent; Waisman said yes. An unidentified person Said when Waisman first proposed to buy 350 lots in Sudden Valley, "Sudden Valley went crazy ... it was like a gold rush atmosphere." He said a lot of people only want to buy individual lots because of what Waisman has done. The hearing was closed. Hansey noted the Council was considering two resolutions; one would sell all the lots as a block and the other would have them sold individually. Warner reported that Finance reviewed the proposals, and unanimously recommended to sell them as a group bid. WARNER MOVED TO SELL THE PROPERTIES AS A GROUP. JOHNSON MOVED TO AMEND THE MOTION TO READ THAT MR. WAISMAN, IN TERMS LEGAL, WOULD NOTIFY PEOPLE THAT HE IS WILLING TO SELL THEM THE LOST ADJACENT TO THEIR HOMES. Hansey said he didn't know how that condition could be Inserted into the resolution. Johnson withdrew his motion. He noted that the Council is assuming that Waisman will be the successful bidder. Hansey spoke against the motion, because by opening the sale up to more individuals the price of a smaller number of lots may go up, thus reaping more money for the County. Vanderpol said he favored the group sale because Mr. Waisman had pursued the proper course of action in placing his bid. It would seem arbritary if the Minutes, 6/15/89, Page 9 Council changed the policy in the middle of this process, he said. Motion carried, 4 -2 ( Hansey and Burton opposed). 3. RESOLUTION TO SELL PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 18 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 4. ORDINANCE AMENDING WHATCOM COUNTY CODE, SECTION 8.12 FOR THE PURPOSE OF REVISING THE FEE SCHEDULE FOR SOLID WASTE DISPOSAL AT WHATCOM COUNTY SOLID WASTE SITES Hansey opened the hearing. Jim Maricle Cedarville Road Said the fee increase was long overdue. However, the section recently added by the Executive regarding the disposal of dead animals at the landfill is not appropriate. Also, Van Zanten keeps soliciting praise for Cedarville, while the pictures Maricle had shown at earlier meetings demonstrated that praise was not deserved. If the County could guarantee that the dump would be covered regularly, he would not object to the dead animal dumping. There were no further comments; the hearing was closed. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Johnson asked why the fees are listed as $17.33 or $2.41, for example, rather than being listed in round figures. Bob Jurica, Solid Waste Manager, explained there is a tax on the fees, and added together they ail come out to be round figures. Warner noted that it is distasteful to place dead animals in the landfill, but that sometimes they need to be put there (when there are no alternatives). There was more discussion. ROEHL MOVED TO AMEND THE ORDINANCE, ON PAGE 3 LINE 23, TO READ: "PLANT, AND THERE IS NO REASONABLE ALTERNATIVE METHOD OF DISPOSAL AVAILABLE." There was more discussion. Jurica said farm animals are not taken at the landfill unless there is an emergency, and domestic animals generally are taken to the Humane Society. Wild animals generally are brought to the landfill, and sometimes dead animals are hidden in batches of garbage. The motion to amend carried. Minutes, 6/15/89, Page 10 There was more discussion. 10:20 Amended motion carried, 5 -1 (with Johnson opposed). FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. RESOLUTION 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 (+ VIEWING OF 2 VIDEO FILMS) The Council viewed two videos, one favoring development of ANWR for oil exploration, the other opposing it. The viewing lasted until 11 :03 p.m. WARNER MOVED THAT THE COUNCIL REPEAL RESOLUTION 88 -12. Warner explained that the resolution was inappropriate, and was only passed in a rush of enthusiasm In order to help attract the Alaska Ferry to the area. He said it would have been better to pass a resolution directly for that purpose, and it is not the business of the County to deal with the development of oil fields. Roehl agreed and said he would support Warner's motion. Burton agreed with Warner's points, but said he still supported resolution 88 -12. He said he intended to support Warner's amendment to 88 -12, because oil exploration can be safe for fisheries and there can be responsible transportation of oil. Vanderpol supported Burton. Motion to repeal 88 -12 failed, with Roehl and Warner in favor. WARNER MOVED TO APPROVE THE RESOLUTION MODIFYING RESOLUTION 88 -12. He said he moved it to get it on the floor, but he would not support it even though he had been responsible for drafting it. Humans are wrecking the planet, he said. It is arrogant to assume the world is ours to muck up, there are some areas humans should leave alone. If development continues unchecked at the present rate, "this whole place will look like Los Angeles." Vanderpol said he Piked the amended resolution, but would Iike to see some of the wording changed. VANDERPOL MOVED TO AMEND THE RESOLUTION SO THAT ON PAGE 2, LINE 25, THE WORDS "DOES NOT" BE DELETED, AND THE WORD "SUPPORT" TO "SUPPORTS." ON LINE 26, DELETE THE WORDS "UNTIL AND UNLESS" AND INSERT THE WORD "PROVIDED" IN THEIR PLACE, AND CHANGE THE WORD "LARGE" TO "LARGER." Motion to amend the resolution passed, with Warner and Roehl opposed. Amended motion to pass the resolution passed, with Warner and Roehl opposed. Minutes, 6/15/89, Page 11 2. RESOLUTION AUTHORIZING SITE LOCATION OF THE JUVENILE DETENTION FACILITIES HANSEY MOVED TO APPROVE THE RESOLUTION. There was discussion; Burton said he had hoped only the juvenile detention facilities would be addressed, not the entire long -range capital improvement plan for the county as a whole. Johnson asked why another study was needed, when the county had paid for one 10 years ago. Hansey said that old study would be used as a basis for the new one. Motion carried, with Burton opposed. 2A. INTERLOCAL AGREEMENT BY AND BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM Hansey said the Executive was authorized to proceed with this. 3. ORDINANCE REVISING WHATCOM COUNTY PUBLIC HEALTH FUND APPROPRIATION FOR PLANNING GRANT Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 4. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, PLANNING DEPARTMENT APPROPRIATION THEREIN Warner reported that Finance reviewed this item and recommended approval. It would allow the Planning Department to contract with former employee Ken Wilcox to do work for $1,000. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 5. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, NON- DEPARTMENTAL APPROPRIATION THEREIN FOR CLOSEOUT OF NOR -BELL CARE CENTER FUND Warner said al I the Nor-Bel I employees are being removed from the County's responsibility, and this provides for severance pay plus other costs. Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. Minutes, 6/15/89, Page 12 6. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND AND COUNTY PARKS AND RECREATION FUND APPROPRIATIONS FOR BOAT PATROL Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 7. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, PROSECUTING ATTORNEY'S BUDGET THEREIN Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 8. ORDINANCE REVISING THE 1989 INDEPENDENT FUND PHYSICAL PLANT AND FACILITIES CAPITAL BUDGET THEREIN Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 9. ORDINANCE AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE TO PROVIDE FOR LIMITED TRANSIENT ACCOM- MODATIONS IN PLANNED UNIT DEVELOPMENTS IN THE URBAN RESIDENTIAL AND URBAN RESIDENTIAL MEDIUM DENSITY ZONES There was discussion. Burton reported that Planning and Development had not reviewed this item. BURTON MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. There was discussion of whether to recess the meeting at this point (11:30 p.m.) to the following day. There was no motion. OTHER BUSINESS 1. PRESENTATION OF COUNTY'S ANNUAL REPORT BY COUNTY AUDITOR, SHIRLEY FORSLOF Forslof said the report has been published annually for many years, but this is the first user - friendly and comprehensive report. She thanked local artist Carrie Olson for her drawings that were included in the report. Minutes, 6/15/89, Page 13 2. RECEIPT OF PROPOSED INITIATIVE MEASURE #2 -89 ENTITLED: SHALL MEDICAL WASTE BE BANNED FROM COMING INTO WHATCOM COUNTY FOR DISPOSAL WITH VIOLATORS SUBJECT TO CIVIL PENALTIES? Hansey said this item will be referred to a Committee of the Whole meeting. BURTON MOVED THAT THIS BE REFERRED TO THE PROSECUTING ATTORNEY'S OFFICE IN ORDER TO HAVE IT PREPARED FOR THE COUNCIL IN PROPER ORDINANCE FORM, WITH HIS COMMENTS FOR THE COUNCIL'S REVIEW. Hansey said he would make sure this was done. Burton withdrew his motion. 3. HEARING EXAMINER APPEAL - HOWARD HAMMER BINDING SITE PLAN WARNER MOVED THAT THE COUNCIL UPHOLD THE HEARING EXAMINER. Johnson said he didn't think it was appropriate for the Hearing Examiner to require bikeways in an industrial area. Roehl said he agreed with Johnson, but noted that the Council can not second guess the Hearing Examiner. It can only overturn a decision for a few, narrow reasons. There was discussion. Motion carried 5 -1, with Johnson opposed. 4. RECEIPT OF OPEN SPACE APPLICATION FROM JEFF AND VICKEY RAINEY (REFERRAL TO PLANNING COMMISSION) Hansey said this item will be referred to the Planning Commission for review. 5. DISCUSSION OF LUMMI TRIBAL TAX ON LUMMI ISLAND FERRY (REPORT FROM RANDY WATTS) Watts reported that he wrote the letter to the Lummi Tribe, as requested by the Council May 25, but he has not received a response. Hansey said the Council had decided it would not pay the tax. Watts said the Council does not need to take any action, it can wait for the Lummis to file suit. He added that he is not certain the Tribe sought approval of the tax from the Department of the Interior prior to its imposition. 6. RECEIPT OF PERMIT APPLICATION FROM THERMAL REDUCTION COMPANY FOR TEMPORARY ASH PILE STORAGE (RECEIVED FROM EXECUTIVE'S OFFICE 6/15) (RECOMMENDED REFERRAL TO HDAC FOR PUBLIC HEARING) Hansey said this will be referred to the HDAC for a public hearing. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1989 A -H OPEN SPACE - TIMBER APPLICATIONS Burton reported that Planning and Development had not reviewed this Minutes, 6/15/89, Page 14 resolution. Planning Director Dan Taylor said that recommendations regarding open space applications will be presented in resolution form from now on in order to more easily track their progress. The applications reviewed, and the recommendations, were: P. Crandall, A. Woolery, and E. Kiera - approved for open space tax status; I. Davidson timber application - denied; A. Granger and R. Granger timber applications - deemed ineligible (denied); W. Vaughn - withdrawn; T. Robertson - withdrawn. BURTON MOVED THAT THE RESOLUTION BE APPROVED. Motion carried. Items 3 and 4 were introduced by consent and referred to the appropriate committees. 3. *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 (HEARING SET FOR 7 /6 /89) (SUGGESTED REFERRAL TO PUBLIC SERVICES AND SOLID WASTE COMMITTEE) 4. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND AUDITOR APPROPRIATION THEREIN FOR ADDITIONAL TEMPORARY RECORDING STAFF (SUGGESTED REFERRAL TO FINANCE AND PERSONNEL) 5. *RESOLUTION REGARDING THE VACATION OF MAGRATH ROAD (TO BE SCHEDULED FOR PUBLIC HEARING, SENT TO ENGINEER FOR REPORT; SUGGESTED REFERRAL TO PUBLIC SERVICES) Roehl asked that this resolution be introduced. Burton noted that Magrath Road has been on Planning and Development Committee agendas, and should be referred to that committee again. There was no objection. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS THE NEXT REGULARLY - SCHEDULED COUNCIL MEETING WILL BE AT 7 P.M. JULY 6, 1989. Water Quality Staff: Warner said due to the large number of water quality issues-coming to the county's attention, he would like to make the following motion: WARNER MOVED TO REQUEST STAFF, AT ITS EARLIEST CONVENIENCE, TO DETERMINE WHETHER IT WOULD BE USEFUL TO HIRE ANOTHER PERSON TO HANDLE WATER QUALiTY ISSUES FOR THE PLANNING DEPARTMENT. HE REQUESTED THAT THE REPORT BE GIVEN TO THE COUNCIL IN A MONTH OR SO. Assessor Appointment: Vanderpol asked why there was a delay between the interviews of candidates (between 9 a.m. and 11 a.m. Friday) and the selection of the assessor (3 p.m. Friday). Hansey said when the times were established it was thought that there would be more interviews. He said this meeting could be recessed to a time immediately following the interviews, if Council so i Minutes, 6/15/89, Page 15 desired. It was decided that Council would stick with the 3 p.m. special meeting time. The meeting adjourned at 12 :02 a.m. WHATCOM COUNTY COUNCIL ATTEST: TCOM COUNTY, S IN ON Ramona Reeves, Council Clerk n d G. Ha ey, ha rman