HomeMy WebLinkAboutCounty Council March 16 1989WHATCOM COUNTY COUNCIL
March 16, 1989
The meeting was called to order at 7 :05 p.m. in the Council Chambers by
Chairman Don Hansey.
Other Council Members Present: Absent:
Marvin Vanderpol Corky Johnson
Dan Warner
Tom Burton
Emily Jackson
Will Roehl
READING AND APPROVAL OF MINUTES
Minutes of the Feb. 16 and Mar. 2 meetings were approved as written.
EXECUTIVE ITEMS
Van Zanten asked that item 8A be moved to this portion of the meeting,
- so the Sweet - Edwards representative could leave early.
8. EXECUTiVE'S REPORT:
A. REPORT ON GAS ASSESSMENT, PHENOL AND DSHS TESTING IN THE
CEDARVILLE LANDFILL AREA
Dave Vonnesack (not sure of spelling), an engineer with Sweet - Edwards
of Bothel made a presentation of the preliminary draft landfill gas migration
assessment (on file), including his company's qualifications to conduct the
study, the methodology used, and under what atmospheric conditions the tests
were conducted. His presentation, with questions, lasted for about an hour.
John Liebrant was given the opportunity to ask questions of Vonnesack.
Van Zanten said the County intends to continue monitoring the
Cedarville area.
Then Don Oliver of the Department of Social and Health Services (DSHS)
section on toxic substances spoke, and distributed a report on a health
assessment conducted in the Cedarville area (on file). Interviews of area
residents revealed on similar symptoms or trends. Several homes had shallow
wells with bacterial contamination, but no link to the landfill was found. Said
will continue to receive reports from people in the area. His presentation ended
at 8 :15.
Dave Bader, and environmental health specialist with the Health
District, gave an overview of tests conducted on the Liebrant property, and said
the county does not know what causes his problems.
B. REPORT ON THE PROPOSED NEW CENTER FOR WHAT -COMM COMMUNICATIONS
(911 SYSTEM), AND INCREASE IN COST
Van Zanten said work is about to begin on the new What -Comm center, but
that costs have increased severely from what was estimated. The county will pay
for half of the remodel of the old fire station at Alabama and Iron streets,
which will house the center.
Polly Keith, director of What -Comm, brought architect's drawings of the
proposed remodel and explained the project. Peter Lie�pance of the city of
Minutes, 3/16/89, Page 2
Bellingham also talked about the project, including the expect cost overruns
amounting to $240,000. A remodel will cost about $82 per square foot, while a
new building would have cost about $110 per square foot, he said. The
presentation ended at 8 :45.
1. BID AWARD RECOMMENDATION FOR THE SUPPLY OF LUBRICATING OIL FOR
COUNTY VEHICLES AND EQUIPMENT TO THE LOW BIDDER, BOSMAN, INC.,
AT AN ESTIMATED ANNUAL EXPENSE OF $12,062.50
Van Zanten explained that items 1 through 4 were similar, and she
briefly explained them to the Council.
Warner reported that the Finance Committee recommended approval.
WARNER MOVED APPROVAL.
Motion carried.
2. BID AWARD RECOMMENDATION FOR A TRAILER - MOUNTED PAVEMENT TESTING
SYSTEM TO THE ONLY BIDDER AND SOLE - SOURCE SUPPLIER, FOUNDATION
MECHANICS, INC., FOR A ROAD RATER MODEL 40OB -1 PAVEMENT TESTING
SYSTEM FOR $53,750 INCLUDING SALES TAX
Warner reported that the Finance Committee recommended approval.
WARNER MOVED APPROVAL.
Motion carried.
3. BID AWARD RECOMMENDATION FOR A WOODEN COUNTER FOR AUDITORIS
OFFICE TO THE ONLY BIDDER, PRICE 8 VISSER MILLWORK, INC., FOR
$15,124.34 INCLUDING SALES TAX
Warner reported that the Finance Committee recommended approval.
WARNER MOVED APPROVAL.
Motion carried.
4. BID AWARD RECOMMENDATION FOR THE NORTHWEST WASHINGTON
FAIRGROUNDS POWER SYSTEM RENOVATION, PHASE II TO LOW BiDDER
VALLEY PLUMBING AND ELECTRIC, FOR $34,990 PLUS SALES TAX
Warner reported that the Finance Committee recommended approval.
WARNER MOVED APPROVAL.
Motion carried.
5. REQUEST FOR AUTHORIZATION TO ENTER INTO A CONTRACT WITH U.S.
WEST COMMUNICATIONS FOR CORECOM (TELEPHONE) SERVICE TO PROVIDE
DIGITAL CENTREX TO WHATCOM COUNTY FOR FIVE YEARS AT A COST OF
$4,598 PER MONTH
Van Zanten explained that for a number of years the county has wanted
to improve how its phone system works. Using an in -house study, last year the
county bought all its phones instead of continuing to rent them, in order to
save money. With this new proposal, (on file, under Information Services) the
county and city would no longer share a system. George Reid of Information
Minutes, 3/16/89, Page 3
Services will manage the system, the county wlII save money, and have many more
options to use with its phones.
Warner reported that the proposal would save the county about $628 per
month, and that Finance Committee recommended approval.
WARNER MOVED APPROVAL.
Motion carried.
6. PROPOSAL FOR BEGINNING IMPLEMENTATION OF THE MATRIX MANAGEMENT
STUDY RECOMMENDATIONS, FOR THE COUNTY'S FINANCIAL MANAGEMENT
SYSTEMS
Van Zanten said this item could be deferred. Warner suggested that this
Item be kept in committee until a related ordinance is ready for consideration
(it is expected to be introduced 4/6).
7. REQUEST FOR AN EXCEPTION TO THE NO- SMOKING POLICY
Juvenile jail night -shift employees requested an exception to the no-
smoking rule; this is the first exception request. Vanderpol reported that
Public Services recommended approval. Hansey said he would vote against it,
because he doesn't think it's an emergency situation.
VANDERPOL MOVED APPROVAL.
Motion carried (Bgrton and Hansey opposed)
EXECUTIVE REPORT:
Harold Raymond will be resigning; he has been here for ten years, done
a great job, and Van Zanten said she will hate to see him go. He has probably
saved the taxpayers hundreds of thousands of dollars with his negotiation
skills, she said. Personnel will soon advertise the upcoming vacancy.
Guardian Ad Litem: Supreme Court ruled against the county in this case
(county had tried to foist the expense of providing defense in dependency and
guardian ad IItem cases that are brought by the state, onto the state) . The
amount of unpaid bills, from 2/88 to 10/88, will be about $30,000, unless N.F.
Jackson can negotiate a lower flat fee with the attorneys who provided the
services for the county during that time.
Conflict of Interest because Harper -Owes works both for the county and
for Thermal Reduction Company: Van Zanten said the prosecutor has told her that
none exists. A report on this matter is on file.
Open letter on solid waste: The four -page letter from Van Zanten was
read into the record by her; it is on file.
The meeting was recessed from 9 :10 to 9 :17 p.m.
SPECIAL ORDER OF BUSINESS
PRESENTATION BY ENVIRONMENTAL RESOURCE SERVICES (FORMERLY KNOWN
AS BELLINGHAM COMMUNITY RECYCLING)
Carol Rondello of Environmental Resource Services said this presentation
had been made to the Solid Waste Advisory Committee. She and Jack Weiss of same
Minutes, 3/16/89, Page 4
organization explained the benefits of a county -wide recycling program that
should be integrated into the Solid Waste Management Plan. They said state
grant funding is available, and they requested that the Council direct the
administration to pursue the grant. Whatcom County could become a test county
if it won the grant.
Warner said someday new houses should be required to have space provided
for recycling purposes. Vanderpol talked about a program being run by Dan
Liedecker of Nooksack Valley Disposal. Hansey said recycling should be a
priority. Burton asked what Weiss wanted the Council to do. Weiss responded
with these requests, among others:
1. That the Council direct the administration to pursue the grant.
2. That the county be the lead agency for recycling.
Hansey asked that Weiss draft a resolution for the counci I to review and
possibly consider. Weiss said he would do so.
OPEN SESSION
Muriel Liebrant
Cedarville /Henry Street
She thanked Emily Jackson for doing her homework on Harper and Owes, for
recognizing a fox in the henhouse.
Barbara Brenner
5617 Northwest Road
Said Van Zanten's letter sounded like she was scolding, and she found
the tone objectionable. Asked by Dave DubreiI of DOE was not invited to attend
this meeting. Hansey said he will be invited to a future meeting. Brenner said
she thought Johnson had requested he be invited to this meeting. Then she said
landfill closure plan is not necessary prior to the siting of a new landfill;
talked about her perceived conflict of interest by Harper and Owes, and the law
firm that also serves both TRC and the county. SWAC ordinance being proposed
is insulting, it should be tabled indefinitely.
Sarah Oleson
No address
Said commercial businesses in area should be urged to recycle; she
brought In a large trash bag full of bottles, said she works at three
restaurants as a cleaner and she collected five bags of glass in one weekend.
if businesses recycled they could cut the waste stream in half.
Jim Maricle
Cedarville
Criticized the Executive's handling of solid waste issues. Said the
county has not been following the law (see solid waste file for copy of letter).
Art Hyatt
North Shore Drive
Said the draft solid waste management plan Ja solid waste. Solid Waste
Manager Bob Jurica and the Executive are short - sighted.
Evelyn Maricle
Cedarville
Dump not properly covered [tape may not have picked up her comments;
possible malfunction, so new tape was inserted].
Minutes, 3/16/89, Page 5
John Llebrant
Cedarville /Henry Street
Said he is going to sue the county.
Kim Hyatt
North Shore Drive
Endorses any attempt to pursue grant for recycling program.
PUBLIC HEARINGS
Hansey opened the public hearing on all four property sale proposals
because they are so similar. All public hearing comments related to item number
four.
Lois Thael
Sudden Valley
Read a statement for Tony Val lot, who was unable to attend, in favor of
separating out four individual lots from the massive property sale proposed in
request number 10 (letter on file, under Property, County).
Scott Haig
No Address
Similar situation to Vallot's. Favors separating the four individual
lots from the massive sale (letter on file).
Mr. Stone
No address, name given
(Name and address in property file) Similar statements.
The public hearings were closed.
1. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX
FORECLOSURE, REQUEST NO. 7 (TWO SUDDEN VALLEY LOTS)50 -51
2. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX
FORECLOSURE, REQUEST NO. 8 (THREE SUDDEN VALLEY LOTS)52 -53
3. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX
FORECLOSURE, REQUEST NO. 9 (ONE SUDDEN VALLEY LOT)
Warner reported that Finance had reviewed items 1 -3 and recommended
approval.
WARNER MOVED APPROVAL OF THE RESOLUTIONS TO SELL PROPERTY, REQUESTS 7,
8 AND 9.
Motion carried.
4. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX
FORECLOSURE, REQUEST NO. 10 (ALL SUDDEN VALLEY LOTS)(ORIGINAL
Pages 56 -64; SUBSTITUTE RESOLUTIONS 65- 75)(SEE LETTER ON 75A)
Barbara Cory, Treasurer, said the sale should continue as planned, with
all Sudden Valley lots being sold in a block. Read a letter Into the record (on
file). Asked Mr. Waisman, the man who requested the block of properties be put
up for bid, to come forward and comment.
Mr. Waisman said is willing to work with the individuais who wanted the
four lots separated, would sell property to them on a cost -plus basis. The
Minutes, 3/16/89, Page 6
price of the property will not be more than twice what he paid for it, he said.
There was discussion.
Warner said Finance recommended that all lots be sold in a block.
WARNER MOVED THAT THE RESOLUTION BE APPROVED AS PRESENTED.
Motion carried (no negative votes).
5. ORDINANCE ESTABLISHING PROCEDURES FOR THE ABATEMENT AND REMOVAL
... (OF) ABANDONED VEHICLES OR AUTOMOBILE HULKS (KEPT OPEN FROM
3/2 MEETING)
Hansey opened the public hearing; there was no comment; the hearing was
closed.
Vanderpol said Public Services reviewed the ordinance and recommended
its approval subject to the outcome of the public hearing. There was brief
discussion. Warner said Johnson should be commended for his hard work on this
ordinance.
VANDERPOL MOVED THAT THE ORDINANCE BE ADOPTED.
Motion carried unanimously.
6. ORDINANCE AMENDING THE WHATCOM COUNTY CODE, ADDING CHAPTER 23,
CREATING THE WHATCOM COUNTY HEALTH DEPARTMENT CODE (THE 61 -PAGE
ORDINANCE DISTRIBUTED 3/6)
Hansey opened the public hearing.
Douglas Dobbins
2531 West Street
Council of Governments asked him to testify; he sits on the Early Action
Watershed committee for Silver Creek and Ten -Mile. Non -point pollution is a
problem, and septic tanks need regular maintenance. He suggested a five -year
renewal permit for septic tanks.
Bonnie Strode
Water District 10
She was not present, but Warner said she called to recommend regulations
dealing with the problem of hooking up a new dwelling to an old septic system.
Also, there is nothing in the regulations to prevent solid waste facilities in
the watershed. Dr. Phillip Jones, Health Officer, said Buildings and Codes
requires Health District approval prior to the issuance of septic tank permits.
A section could be typed up to address this issue, but he doesn't think it is
necessary. Sewer districts should maintain its systems as a part of its utility
service.
Marge Laidlaw
Everson
Submitted a letter with suggested changes to the ordinance (letter on
file details her suggestions). Warner said she raised good questions.
Hansey said the public hearing will remain open and the Council will
continue to receive written comments between now and the 3/30 special meeting.
Minutes, 3/16/89, Page 7
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
1. ORDINANCE RESTRICTING THE USE OF WHATCOM COUNTY'S LANDFILL TO
WASTE GENERATED WITHIN ... WHATCOM COUNTY AND ADDING SECTION
8.13 TO THE COUNTY CODE
Vanderpol said Public Services discussed this and had some concerns
about it. Public Works employees raised issues of enforcement and possible
problems in dealing with other counties to take our waste in an emergency
situation.
VANDERPOL MOVED THAT THE ORDINANCE BE TABLED INDEFINITELY.
Jackson noted that the SWAC recommended that the ordinance be passed
with a minor change on page one (indicated in the file). Said Public Works
arguments aren't too effective, because other counties have such ordinances in
place. Roehl said he supports the thrust of the ordinance, and suggested that
it be tabled for a short time so it can be refined. Agreed that the possible
reciprocity problem is a weak argument. Warner said it is not a good idea to
perceive the county's problems in a parochial sense. Vanderpol said Paul
Rushing, Public Works, wants to hold action on this ordinance until June, when
negotiations with other counties is complete.
Burton asked Jurica how much medical waste has gone into Cedarville in
the past few months, and was told only two truckloads have gone in that he is
aware of.
Warner asked If Vanderpoi could amend his motion; Roehl said it should
be sent back to committee and then returned to Council for consideration in a
month.
VANDERPOL WITHDREW HIS MOTION.
ROEHL MOVED THAT THE ORDINANCE BE REFERRED BACK TO COMMITTEE, THEN
BROUGHT BACK TO THE COUNCIL IN A MONTH.
Motion carried.
Warner said he thought people should have to show proof of residency
when they dump garbage.
2. ORDINANCE CREATING WHATCOM COUNTY LOCAL AND ROAD IMPROVEMENT
DISTRICT NO. 10 FOR INFRASTRUCTURE IMPROVEMENTS ... (NOTE:
EXECUTIVE REQUESTS THIS BE DELAYED TO 4/3 FINANCE AND 4/6
COUNCIL MEETINGS; MORE TIME IS NEEDED FOR APPRAISALS AND STAFF
REVIEW)
This item was withdrawn until 4/6.
3. ORDINANCE ESTABLISHING THE WHATCOM COUNTY PUBLIC HEALTH FUND,
THE PUBLIC HEALTH OBSTETRIC CARE FUND, AND 1989 APPROPRIATIONS
THEREIN
Warner said this is the wholesale adoption of the Health District budget
for 1989, putting it into the county's budget. Exact dollar figures will be
known April 1.
WARNER MOVED THAT THE ORDINANCE BE ADOPTED.
Motion carried unanimously.
Minutes, 3/16/89, Page 8
4. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, TREASURER'S
APPROPRIATION THEREIN, TO DEVELOP REAL PROPERTY INVENTORY
WARNER MOVED THAT THE ORDINANCE BE ADOPTED.
Motion carried unanimously.
5. ORDINANCE ESTABLISHING SIX MONTH CASH FLOW LOAN FROM THE
EMERGENCY CONTINGENCY FUND TO THE NOR -BELL CARE CENTER FUND
Nor -Bell Care Center needs more money again, Warner said.
WARNER MOVED THAT THE ORDINANCE BE ADOPTED.
Motion carried unanimously.
OTHER BUSINESS
1. APPLICATION FOR A PLANNING AWARD FOR CORDATA BUSINESS PARK
ROEHL MOVED TO AUTHORIZE THE CHAIRMAN TO ENDORSE THE APPLICATION FOR THE
AWARD APPLICATION.
Motion carried.
2. UPDATE ON JUVENILE DETENTION CENTER
Hansey reported that the city and county are proceeding with the Girard
Street option. The county has given the city 60 days to be going at full speed.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS)
1. RESOLUTION AMENDING RESOLUTION 89 -07, CHANGING THE DATE UPON
WHiCH BIDS FOR THE COUNTY'S OFFICIAL NEWSPAPER WILL BE
OFFICIALLY OPENED, READ ALOUD AND CONSIDERED
Warner said the date was moved back so Lynden Tribune folks will have
ample opportunity to respond. Finance reviewed this and recommended approval.
WARNER MOVED THE RESOLUTION BE APPROVED.
Motion carried.
2. RESOLUTION CLARIFYING MATTERS RELATING TO THE DEVELOPMENT OF
THE COMPREHENSIVE SOLID WASTE PLAN AND OTHER SOLID WASTE ISSUES
(DRAFT IN PACKET; REVISIONS MAY BE MADE BY 3/16)
Vanderpol said Public Services reviewed this resolution and suggests
that the last sentence in the fifth "whereas" be deleted.
VANDERPOL MOVED THE RESOLUTION BE APPROVED AS AMENDED.
Warner said the resolution is aimed at making the process of developing
a solid waste plan flow more smoothly. It is not an attempt to gag Jackson, he
said. Jackson said the resolution allows the CounclI to abdicate their
responsibility. Vanderpol said the Council is not abdicating but delegating
responsibility. There was more discussion.
Minutes, 3/16/89, Page 9
Motion carried (with Burton and Jackson opposed).
2A. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF COUNTY
TAX TITLE PROPERTY, REQUEST NO. 13
WARNER MOVED THAT THE RESOLUTION BE APPROVED.
Motion carried.
*Items 3 through 11 were introduced by consent and referred to the appropriate
committees or scheduled for hearings as appropriate.
3. *ORDINANCE AMENDING THE LYNDEN - NOOKSACK VALLEY SUBAREA
COMPREHENSIVE PLAN MAP ... AND THE ... ZONING MAP ... FOR A
9.89 ACRE PARCEL APPROX. 400 FT. N. OF TROMP ROAD WEST OF GUIDE
MERIDIAN (suggested referral to Planning and Development)
4. *ORDINANCE AMENDING CHAPTER 2.02 OF THE WHATCOM COUNTY CODE,
HAVING TO DO WITH COUNCIL PROCEDURES (suggested referral to
Public Services)
5. *ORDINANCE REGARDING A SUPPLEMENTAL APPROPRIATION FOR THE 1989
REAL ESTATE EXCISE TAX FUND FOR EXTENSION OF WATER LINES
(suggested referral to Finance)
6. *ORDINANCE AMENDING ORDINANCE 82 -64, ALCOHOL REVOLVING FUND
(suggested referral to Finance)
7. *ORDINANCE REVISING CHAPTER 2.11 OF THE WHATCOM COUNTY CODE TO
EXPAND ROLE OF COMPUTER COMMITTEE AND CLARIFY THE ROLE OF THE
INFORMATION CENTER (suggested referral to Finance)
8. *RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY, REQUEST NO. 13
(schedule for public hearing; suggested referral to Finance)
9. *ORDINANCE AMENDING ORDINANCE NO. 88 -94 (schedule for final
consideration at 3/30 special meeting)
10. *ORDINANCE FACILITATING THE UPDATE OF WHATCOM COUNTY'S
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN ... AND AUTHORIZING
THE EXECUTION OF INTERLOCAL AGREEMENTS NECESSARY FOR THE
PREPARATION AND IMPLEMENTATION OF THE PLAN (schedule for Public
Services)
11. *ORDINANCE TO REVISE THE 1989 CURRENT EXPENSE FUND, PLANNING
DEPARTMENT'S APPROPRIATION THEREIN TO RESPOND TO INCREASED WORK
LOAD (suggested referral to Finance)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Planning Department Workload: Burton said Planning and Development
reviewed the workload requirements and recommends the following priority be
assigned to projects:
1. Point Roberts rezone
2. Completion of the sewer /water plan
3. Groundwater study
4. Urban fringe update
5. Transportation plan
Minutes, 3/16/89, Page 10
BURTON MOVED THAT THE COUNCIL ENDORSE THE WORK PROGRAM AS SET FORTH BY
THE PLANNING DEPARTMENT.
Motion carried.
Serer Plant Tours: Warner said Saturday, April 8, the Health Board will
tour the Blaine and Lynden sewage treatment plants; CounclI members who are
interested in attending should contact Dr. Jones. Warner said the Council needs
to tour gravel pits next.
ATTEST:
The meeting adjourned at 11:25 p.m.
WHATCOM COUNT U IL
WliATCOM COUNTY, HINGTON
/ 7
Ramona Reeves, Council Clerk onald G Han e , Chair