Loading...
HomeMy WebLinkAboutCounty Council May 18 1989WHATCOM COUNTY COUNCIL May 18, 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 (arrived late) Emily Jackson Corky Johnson Will Roehl Dan Warner Mary Vanderpol ANNOUNCEMENTS Hansey explained the purpose of Open Session. READING AND APPROVAL OF MINUTES Minutes of the April 27 Committee of the Whole; the May 1 special and the Committee of the Whole meetings; and the May 2 COTW meeting were approved as presented. EXECUTI VE ITEMS Executive Shirley Van Zanten was represented by Budget Director Tom Sutberry. 1. BID AWARD RECOMMENDATION FOR A FILING SYSTEM, COUNTY CLERKfS OFFICE, TO THE LOW BIDDER, WRIGHT LINE INC., FOR A HIGH DENSITY COLOR -CODED FILING SYSTEM AT A TOTAL PRICE OF $20,968.01, INCLUDING SALES TAX 2. REQUEST FOR APPROVAL OF NEGOTIATED PURCHASE OF USED LANDFILL COMPACTOR FROM SKAGIT COUNTY IN THE AMOUNT OF $80,000 3. BID AWARD RECOMMENDATION FOR A ONE -TON CAB- AND - CHASSIS TRUCK TO THE LOWEST RESPONSIVE BIDDER, JERRY CHAMBERS CHEVROLET, FOR A 1989 CHEVROLET CR31403 ONE -TON CAB- AND - CHASSIS TRUCK AT A TOTAL PRICE OF $14,334.54, INCLUDING SALES TAX 4. BID AWARD RECOMMENDATION FOR A TRUCK - MOUNTED AIR SWEEPER TO THE LOWEST RESPONSIVE BIDDER, BEN- KO -MATIC BRUSH AND EQUIPMENT CO., FOR AN ELGIN CROSSWIND G SWEEPER, AT A TOTAL COST OF $105,473.68, INCLUDING SALES TAX 5. REQUEST FOR APPROVAL OF BIDDERS LIST FOR THE SUPPLY OF ASPHALTIC EMULSIONS DURING THE COMING ROAD OILING SEASON TO ASSURE MAINTENANCE AND OPERATIONS OF A CONVENIENT, CONTINUOUS, AND READILY AVAILABLE SOURCE AND SUPPLY OF EMULSIONS AT THE LOWEST COST Items 1 -5 were introduced by Sutberry, reviewed and explained by Warner. Warner reported that Finance had recommended approval of each one. Minutes, 5/18/89, Page 2 [For each of 1 -51 WARNER MOVED THAT THE ITEMS BE APPROVED. Motions carried. 6. BID AWARD RECOMMENDATION FOR THE RECONSTRUCTION OF HAYNIE ROAD TO THE LOW BIDDER, CALLEN CONSTRUCTION CO., IN THE AMOUNT OF $311,035.00 (BID ALTERNATE 'At), INCLUDING TAXES Warner said that Finance had reviewed this item and recommended approval. WARNER MOVED THAT THIS ITEM BE APPROVED. Motion carried. Warner said that item 2 under "Introduction" is related and should be passed at this time. INTRODUCTION: 2. RESOLUTION IN THE MATTER OF THE FORMAL ESTABLISHMENT OF CRP NO. 99173, AND AWARD OF CONTRACT FOR THE RECONSTRUCTION OF HAYNIE ROAD WARNER MOVED THAT THIS RESOLUTION BE APPROVED. Motion carried. 7. BI D AWARD RECOMMENDATI Oil FOR UPGRADI NG THE F RE ALARM SYSTEM AT NOR - BELL CARE CENTER TO THE ONLY BIDDER, D -TECH, IN THE AMOUNT OF $13,194.76, INCLUDING ALTERNATE AND SALES TAX Warner reported that Finance had reviewed this item and recommended approval. There was discussion. WARNER MOVED THAT THIS ITEM BE APPROVED. Motion carried. 8. REAPPOINTMENT OF JOHN POGUE TO A SECOND, FULL TERM ON THE WHATCOM COUNTY HOUSING AUTHORITY FROM 4 -18 -89 TO 4 -17 -94 JOHNSON MOVED THAT POGUEIS REAPPOINTMENT BE CONFIRMED. Jackson commented that Pogue had served part of an unexpired term prior to his first, full five -year term; she said this seemed like a long time to allow someone to serve on a board, and maybe the position should be opened up to new people. There was no further discussion. Motion carried. 9. EXECUTiVE'S REPORT Sutberry distributed copies of a solid waste report to the Council, but there was no discussion. Minutes, 5/18/89, Page 3 OPEN SESSION Jim Maricle Cedarville Road Said that a letter he distributed to Council members earlier that day contained an error; on line 6 in the first paragraph, 1989 rainfall should actually be 1988 rainfall. Said he felt a need to defend his reputation and credibility, since County officials have challenged it. He noted that County tests do not indicate leachate migration from the landfill, but neither do they indicate that ieachate is not migrating. He said he is not out to get anyone, although he does want the dump closed. Commented that the Executive is not very accessible: She disappears after the Executive Report at Council meetings, won't return his phone calls and he can't get an audience with her. Said he "can understand why you have difficulties dealing with her." Barbara Brenner 5617 Northwest Road At the state technical advisory committee on solid waste that she attended the day prior to this meeting (Brenner is a member), copies of a survey of 33 health districts in the state were distributed. The survey asked, among other things, for the district to estimate the number of inquiries about infectious waste handling it received In 1988. Our Health District estimated that fewer than five had been received. Brenner said that she personally had made 30 documented complaints in 1988. Another question asked if the district felt that the state should adopt an infectious waste management plan. Of the 33 districts surveyed, three responded "no "; one of them was Whatcom County's. "This is appalling," she said. John Liebrant Henry Street /Cedarville Road He asked why the Council had passed a motion some time ago requesting that the Executive make a solid waste report at every meeting, yet he hadn't heard one yet. Art Hyatt 2318 N. Shore Road Said the proposed resolution regarding the Arctic National Wildlife Refuge supports big oil but is hostile to fishermen. Had drafted a substitute resolution; distributed copies to the Council (on file) for their consideration. Bud Jewell Lummi Island Asked for a third crew person to be added on the Lummi Island ferry to help un -clog traffic during busy weekends. There was some discussion about the fare structure. Han sey said the Council would take this request under consideration, but did not know if it would be possible to address JeweIIIs concerns by Memorial Day. Minutes, 5/18/89, Page 4 Don Sobjack Willey's Lake Road, Custer He is a fisherman, concerned about the ANWR resolution. Encouraged Council to take action that would make oil companies be responsible. Puget Sound has been lucky, but it is not immune. Warner said Hyatt's resolution and his ANWR resolution will not be acted upon until June 1. Evelyn Maricle Cedarville Road Bob Jurica proposed to the Solid Waste Advisory Committee that a new dump be opened over the old dump, she said. She wondered why a solid waste report was not given to the public that evening. Larry Williams 3122 Alderwood Fielding Formway (ARCO) has said there are no toxics at his facilities. Seems to Williams that oil at Valdez is toxic. He said Resolution 88 -12 should be put in the trash can. Council should think about the tradeoff between ARCO jobs and fishing jobs. Dirk Elliot Sudden Valley He is a fisherman who is a permit holder in Bristol Bay. is concerned about a possible oil spill. Even though fishermen sometimes get restitution, it can take years. Fourteen years after an oil spill in California fishermen finally received compensation, he said. Also spoke about the Sudden Valley lot sale. Said he bought a lot from Will Roehl last year, did not buy another lot nearby because he wanted it to be free and clear first (apparently there is a three -year waiting period after the County forecloses on a lot). Heard about the first massive Sudden Valley sale, and that it had fallen through. Came to the Courthouse to submit a bid, found that Waisman had again bid on a block of lots. He said individuals should be able to bid against Waisman on individual lots. There was discussion; Treasurer Barbara Cory said after the original sale fell through, three people came in immediately to bid on individual lots, and then Waisman bid on a 200 -lot group. She said it has not yet been decided whether to sell the lots individually or in a group. Peggy Joy 3252 Cedarville Road Said all residents in that area are behind Maricle and Liebrant 100 percent. Ernst Limbacher No address A retired commercial fisherman. Said he fought the Alaska pipeline years ago. Said Council members should read a book written by Mary Kay Becker called, "SUPER SPILL" because it predicted a Valdez -type spill in Puget Sound. Produced a news release out of the Department of Interior saying that environmental protection of the pipeline will be the most stringent ever imposed. He said the Minutes, 5/18/89, Page 5 federal government did not Iive up to its promise. He dreads seeing a super spill in Puget Sound. Now he thinks that a pipeline to refineries would be much better than tankers. There were no more open session speakers; Hansey recessed the meeting briefly at 8:05 p.m. The meeting resumed at 8 :20 p.m. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. DISCUSSION /CONSIDERATION OF RESOLUTION ESTABLISHING A PROCEDURE FOR THE "OPEN SESSION" PORTION OF THE AGENDA Hansey said this item would not be taken up at this time. 2. ORDINANCE REGARDING REVISION TO THE 1989 NORTHWEST WASHINGTON FAIR FUND APPROPRIATION Warner reported that Finance reviewed and recommended approval of this item; no actual county money would be used. There was no discussion. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.55.010 Warner explained that Finance reviewed and recommended adoption of this ordinance. The ordinance would bond the Park Department, Park Director, and Health Officer. No cost is indicated, although he suggested it should be listed on such ordinances in the future. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 4. ORDINANCE AMENDING ORDINANCE 82 -30 FOR THE PURPOSE OF CONSOLIDATING EXISTING PRECINCTS COLUMBIA, GLACIER AND MAPLE FALLS INTO MAPLE FALLS PRECINCT; CONSOLIDATING PRECINCT DEMING 1 AND LAWRENCE 3 INTO DEMING 1 PRECINCT; CONSOLIDATING CUSTER PRECINCT 3 AND MT. VIEW PRECINCT 2 INTO CUSTER 3 PRECINCT; CONSOLIDATING BELLINGHAM PRECINCT 13 AND 23 INTO BELLINGHAM PRECINCT 13; AND CONSOLIDATING BELLINGHAM PRECINCTS 53 AND 73 INTO BELLINGHAM PRECINCT 53 Johnson reported that this had been before Public Services at its May 4 meeting. It would eliminate some precincts and consolidate others. JOHNSON MOVED THE ORDINANCE BE ADOPTED. Motion carried unanimously. Minutes, 5/18/89, Page 6 5. ORDINANCE AMENDING ORDINANCE 82.30 AND 86 -31 FOR THE PURPOSE OF ESTABLISHING NEW PRECINCTS BY DIVIDING EXISTING PRECINCTS LYNDEN CITY NO. 5 AND 6, BELLINGHAM NO. 84 AND VALLEY Johnson reported that this also had been before Public Services at its May 4 meeting. It would eliminate some precincts and consolidate others. JOHNSON MOVED THE ORDINANCE BE ADOPTED. Motion carried unanimously. OTHER BUSINESS (Items 1 and 2 were received by consent) 1. *RECEIPT OF APPEAL OF HEARING EXAMINER DECISION ON HOWARD HAMMER'S BINDING SITE PLAN FOR A 42.3 ACRE PARCEL LOCATED IN A LIGHT IMPACT INDUSTRIAL ZONE (ON FILE; PROBABLY READY FOR COUNCIL DECISION ON JUNE 15) 2. *RECEIPT OF CABLE FRANCHISE 'APPLICATION, FILED BY STERLING COMMUNICATIONS /GLACIER CABLE PARTNERS, LTD. (ON FILE; ORDINANCE BEING PREPARED BY PROSECUTOR'S OFFICE) 3. LUMMI INDIAN TRIBE'S LEVYING OF A UTILITY TAX FOR THE LUMMI ISLAND FERRY (INFO RECEIVED FROM EXECUTIVE 5/16) This item appears on the addendum to the agenda. Hansey suggested this be assigned to a special Committee of the Whole meeting one week from this meeting (May 25). [See discussion at end of meeting] 4. SEACLiFFE (note: this item did not appear on any agenda) ROEHL MOVED THAT THE MAY 25 MEETING BE A SPECIAL MEETING, AND THAT THE SEACLIFFE APPEAL BE DECIDED AT THAT TIME, AND THAT ATTORNEYS ON BOTH SIDES BE REQUESTED TO PROVIDE ORAL ARGUMENTS IF BOTH ARE AVAILABLE. There was discussion of scheduling difficulties; the Auditor's Office had reserved the council chambers for that evening many weeks ago, since the Council was not scheduled to have a meeting. Roehl said that in the future the Chambers should be reserved every Thursday night for Council meetings. In this case, the Auditor will get the room; other arrangements will be made for the Council meeting. Motion carried. Hansey said both attorneys will be contacted, and told that each gets five minutes to make oral presentations based on the appeal's record. Minutes, 5/18/89, Page 7 INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 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 (PACKET INCLUDES NEW RESOLUTION PLUS 88 -12) Warner said this item will be discussed at the June 1 meeting. 3. RESOLUTION ON HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 17 Roehl asked for an explanation of how this request to sell 202 Sudden Valley lots in a block came about, because he had understood that the Council did not want to lock Individuals out of lot sales. Warner said that after Waisman withdrew his first request, he put money down on 202 lots. The three people who were Interested in four individual lots got their bids in, and five more people are interested in bidding against Waisman on individual lots. Warner said there also was discussion of changing policy so that unbuildable lots do not have community association assessments attached to them; Vanderpol said more people might buy unbuildable lots if they did not have to pay assessments. WARNER MOVED THAT THE PUBLIC HEARING FOR REQUEST NO. 17 BE SCHEDULED. He noted that at the public hearing people may persuade the Council to sell the 202 lots individually. Prosecuting Attorney Randy Watts said it is up to the Council to decide what is in the public's best interest. Even though the hearing will be established for the 202 lot sale, the Council is not tied to a block sale; the lots could be divided for sale. Motion carried. 4. RESOLUTION ON HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 18 WARNER MOVED THAT THE HEARING FOR REQUEST NUMBER 18 BE SCHEDULED. Motion carried. 5. RESOLUTION IN THE MATTER OF THE HEARING ON WHATCOM COUNTY'S SIX -YEAR COMPREHENSIVE ROAD PROGRAM WARNER MOVED THAT THE HEARING FOR THE SIX -YEAR ROAD PROGRAM BE SCHEDULED. Motion carried. Minutes, 5/18/89, Page 8 6. RESOLUTION ADOPTING PUBLIC BENEFIT RATINGS ON EXISTING OPEN SPACE - OPEN SPACE TAX STATUS PARCELS IN WHATCOM COUNTY Burton said that all the properties In this group have been re- evaluated and if a person wishes to withdraw from the open space system, there will be a 30 -day window during which to do so without penalty. [Note: Cassette tape of meeting began to unravel at this point, so switched to new tape] There was discussion. Burton pointed to a map of the County that showed almost all of Whatcom County's land is in some sort of open space or untaxable form. The map is in the Planning Department's files. There was some discussion. BURTON MOVED THAT THE RESOLUTION BE PASSED. Motion carried. (ITEMS 6A, 613, AND 6C WERE LISTED ON THE ADDENDUM TO THE AGENDA) 6A. RESOLUTION SUPPORTING THE DESIGNATION FOR TWO AREAS OF WHATCOM COUNTY AS GROUNDWATER MANAGEMENT AREAS AND AUTHORIZING THE ADMINISTRATION TO APPLY FOR FUNDS FOR PLANNING AND MANAGEMENT FOR THE GROUNDWATER IN THESE AREAS (RECEIVED FROM PLANNING /EXECUTIVE ON 5/16) Burton said this enables the County to designate two areas as groundwater study areas: The Lynden, Everson, Nooksack and Sumas (LENS) area, and Lummi Island. Dan Taylor, Planning Director, said this also would indicate that the Council supports a grant application relating to the study areas. BURTON MOVED THAT THE RESOLUTION BE APPROVED. Motion carried. 6B. RESOLUTION TO ACCEPT CONVEYANCE OF COUNTY RIGHT -OF -WAY FOR PURPOSES OF INTERSECTION IMPROVEMENTS TO EAST BADGER ROAD BY THE STATE DEPT. OF TRANSPORTATION (RECEIVED FROM EXECUTIVE 5/16) JOHNSON MOVED THAT THIS RESOLUTION BE APPROVED. Motion carried. 6C. RESOLUTION REPEALING RESOLUTION 88 -24, RELATING TO THE LOCATION OF A NEW JUVENILE DETENTION FACILITY (PROPOSED BY HANSEY) WARNER MOVED THAT THIS RESOLUTION BE APPROVED. Motion carried. Minutes, 5/18/89, Page 9 (ITEMS 7 -12 INTRODUCED BY CONSENT AND REFERRED TO THE INDICATED COMMITTEES) 7. *RESOLUTION TO SELL PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 17 (FINANCE) 8. *RESOLUTION TO SELL PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 18 (FINANCE) 9. *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 (PUBLIC SERV. 8 FiNANCE) 10. *ORDINANCE TO REVISE THE 1989 REAL ESTATE EXCISE TAX CAPITAL IMPROVEMENT FUND (FINANCE) 11. *REVISION TO THE 1989 CURRENT EXPENSE FUND, NON- DEPARTMENTAL APPROPRIATION THEREIN FOR CONTINGENCY PAYOUT PURPOSES (FINANCE) 12. *ORDINANCE AUTHORIZING THE WHATCOM COUNTY TREASURER TO CREDIT A DEPOSIT MADE UNDER ORDINANCE NO. 83 -5 (FINANCE) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Health Department Advisory Committee: Warner said the HDAC had discussed some Items that would need Council action; they will be brought forward at the next Council meeting. Lummi Island Ferry: Roehl asked if Don would contact the Administration regarding this matter and see what could be done. Comprehensive Sewer and Mater Study: Burton, chairman of a committee reviewing the plan, said the Council should be seeing something from the Planning Commission in August. Warner noted that it would be useful for the committee to rank the options and alternatives for the Council's benefit. Burton said the Committee is very knowledgeable and maybe should be kept for future projects. Open Space: Warner complimented Taylor on his staff's open space work. Department Presentations: Vanderpol said all departments should be invited to give non - budget related presentations to the Council at regular meetings, sort of "state of the department" talks. Hansey said this idea would be worked on. Garbage Rates: Jackson said SWAC reviewed the ordinance setting new rates at County landfi i Is. She said the committee would I ike to see wording demanding that all garbage be weighed when brought to the IandfI11; such a requirement does not appear in the draft, she said. Council decided this would be discussed by the Public Services and Solid Waste Committee. Minutes, 5/18/89, Page 10 Suggestion Box: Jackson said a suggestion box should be placed In the Courthouse lobby so employees could deliver suggestions to the Council. Hansey said that would be taken care of. The meeting adjourned shortly after 9 p.m. ATTEST: L�� 7 WHATCOM COUNT CO NC IL WWUTCOM COUNTY, _ N Ramona Reeves, Council Clerk _,Q'onald G. Hajoy /, CHaifman