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HomeMy WebLinkAboutCounty Council May 4 1989WHATCOM COUNTY COUNCIL May 4, 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 ANNOUNCEMENTS Hansey noted that the Seacl iffe appeal wl I I not be taken up at this meeting because the Council's attorney was not available for a briefing. Johnson noted that if a meeting is scheduled on May 11, he will be unable to attend. Hansey said he did not know if a meeting would be scheduled. READING AND APPROVAL OF MINUTES Minutes of the April 20, 1989 regular meeting (distributed Monday, May 1, 1989) were approved as presented. EXECUTIVE ITEMS 1. BID AWARD RECOMMENDATION TO OBTAIN TIMBERS AND PILING FOR VARIOUS BRIDGE MAINTENANCE PROJECTS DURING THE COMING SEASON TO THE LOW BIDDER, STANTON CUDAHY LUMBER, AT A TOTAL PRICE OF $29,398.88, INCLUDING SALES TAX Executive Shirley Van Zanten noted that three bids had been received, and this was the low bidder. Warner reported that Finance reviewed and recommended approval of this item. WARNER MOVED THAT THE RECOMMENDATION BE APPROVED. Motion carried. 2. REQUEST FOR APPROVAL OF PURCHASE THROUGH STATE CONTRACT FIVE MOBILE RADIOS FROM MOTOROLA, INC., FOR NEW SHERIFF'S PATROL CARS (CONTINGENT ON AWARD OF THE NECESSARY STATE PROCUREMENT CONTRACT) Van Zanten said this would provide five such radios. Warner said Finance had reviewed and recommended approval of this item. WARNER MOVED THE RECOMMENDATION BE APPROVED. Motion carried. /I Minutes, 5/4/89, Page 2 3. REQUEST FOR CONFIRMATION OF FRANK JAMES, M.D., AS HEALTH OFFICER AND DIRECTOR OF THE COUNTY HEALTH DEPARTMENT A selection committee had reviewed four candidates and unanimously recommended that James be appointed. Hansey, Roehl and Warner all said they were impressed with James' resume and qualifications. ROEHL MOVED THAT JAMES' APPOINTMENT BE CONFIRMED. Roehl said he was impressed with the things James did know, as well as with the fact that James would readily admit when he was unfamiliar with a subject. Jackson said James supported the concept of a technical advisory committee made up of experts from the community. Motion carried (Burton was not in the room). The latest James will be arriving is in the first part of August. 4. NEW APPLICATION FOR A CLASS H LICENSE BY DEREK MCPHERSON, DIANA C. CAMPBELL, HELEN MAYFIELD, MAX BRIAND, BETH N. STRAND, AND ERROLL ETIENNE FOR ROSIE'S CAFE, 1379 GULF ROAD, POINT ROBERTS, WA 98281 Johnson reported that Public Services had reviewed and recommended approval of this item. JOHNSON MOVED THAT THE APPLICATION BE APPROVED. Motion carried. 5. EXECUTIVE'S REPORT Financiall Report: Van Zanten said a final report wi I I be available in June. She noted that Nor -Bell had once again lost money in late 1988, and that contracts for the sale of that facility are nearing completion. Reserve is building in the self insurance -tort claims fund. The timber industry is strong, and the County is getting a good amount of forest money as a result. She noted that the County can not go out and make expenditures based on this extra income because it may not last. Hannegan Striping: In November the Council had asked that the messy striping on this road be cleared up; the old lines have been painted over and new striping is completed. Monthly Road Construction Report: She paid particular attention to item 7, the Smith Road signalization; the bid has been awarded and construction will begin soon. She suggested that people avoid using the Guide Meridian between 5 a.m. to 3 p.m. for awhile. The agreement with the City of Bellingham regarding Bennett drive is now in writing. Minutes, 5/4/89, Page 3 Computer: New system is up and running, have enormously improved response time. Van Zanten credited George Reid, Information Services Director, with the smoothness of the transition. Third Floor: Clerk's office is being remodeled. Jail Basement: Finish date has been moved back to the last of July rather than the first of May, because of needed changes to the heating and cooling systems. Grounds Torn Up: A new sprinkler system is being installed so the grounds around the Courthouse are being torn up. Solid Waste: See report on file, which addresses questions sent to the Administration by the Council at the 4/20/89 meeting, including: Clearing and buffer zones at the landfill; asbestos dumping; full recycling bins; and medical waste handling. OPEN SESSION Hansey asked how many people wished to speak In open session; about six raised their hands. Hansey asked that comments be restricted to three minutes apiece. Jim Maricle Cedarville Road Objected to the time limit. He said two representatives from the state Department of Social and Health Services accompanied him on a visit to the landfill and said they were appalled by what they saw. Maricle exhibited photographs he'd taken at the dump showing dead animals in broken bags, syringes, surgical sponges and gloves, asbestos, none of which had been properly covered. Photos were taken after the landfill closed. He responded to the Executive's report (Van Zanten was no longer present), saying that although only 1/2 acre of trees had been cleared at the landfill and the buffer still was Intact, more would have been cut had he not complained. He said he knows this for a fact because the man hired to cut the trees told him this. Also, Mr. Vanderyacht (no first name) was hired to cut the trees without there being a bidding process or contract. Barbara Brenner 5617 Northwest Road She noted that Rep. Dennis Braddock said the state House's Health Care Committee would consider having a hearing on Thermal Reduction Company if the County requests that it be done. She complained that a special Committee of the Whole meeting Monday for interviewing the new health officer did not need to take place in executive session, as it had. She said the Open Public Meetings law is silent when it comes to whether a candidate for appointive office can be interviewed in executive session, and anyway James had yielded his privacy. Foster Rose was improperly admitted to that meeting, she said. On another topic, she said the Juvenile Detention Center would be better located in a downtown area, since the County's own Sheriff would prefer that it not be put Minutes, 5/4/89, Page 4 at Cordata. Vicky May 2115 B. Street Lives close to the Girard Street site being planned as the new Juvenile Detention Center. Is concerned about increased traffic and diminishing property values. John Liebrant Henry Street /Cedarville Wanted to know why the Executive had not reported on water tests at the landfill, nor on the location of a new landfill. AI Couch 1943 Lake Whatcom Boulevard Was pleased with the Public Services Committee meeting prior to this one, and the manner in which complaints about Lake Whatcom Boulevard had been deait with. Thinks that another route is better than the Whatcom Connector would be. Art Hyatt 2318 N. Shore Road In light of the Prince William Sound oil spill, he asked that the Council rescind its resolution (88 -12) endorsing oil exploration in the Arctic National Wildlife Refuge, as a demonstration of concern for the environment and fishing industry. Graydon Kingsdon (sp ?) A Street Didn't want detention center in neighborhood. During this Council meeting, inmates of adult Jail could be heard as they played basketball; why wouldn't the same noise level be present at the detention center, he asked. Bob Smith 1909 H. Street Has been appalled by recent meetings about the detention center, said he feels put upon. Jackson suggested that during "Other Business," alternate sites for the Juvenile detention center be discussed. She said she didn't Iike the fact that if the city backs out on Girard Street, the County automatically looks to Cordata. Warner asked that Liebrant and Mar icIe get copies of the solid waste report. HEARINGS AND FINAL CONSIDERATION 1. RESOLUTION AUTHORIZING THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR THE SALE OF COUNTY -OWNED PROPERTY Hansey opened the hearing; no one spoke; the hearing was closed. Minutes, 5/4/89, Page 5 Warner reported that Finance had reviewed this proposal to sell property near the rifle range to Fire Protection District No. 9. Finance recommended the resolution be approved subject to the outcome of the hearing. WARNER SO MOVED. Motion carried. 2. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 14 Hansey opened the hearing; no one spoke; the hearing was closed. Warner reported that Finance reviewed and recommended approval of the resolution subject to the outcome of the public hearing. WARNER SO MOVED. Motion carried. 3. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 15 Hansey opened the hearing; no one spoke; the hearing was closed. Warner reported that Finance reviewed and recommended approval of the resolution subject to the outcome of the public hearing. WARNER SO MOVED. Motion carried. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE FACILITATING THE UPDATE OF WHATCOM COUNTY IS COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN ... AND AUTHORIZING THE EXECUTION OF INTERLOCAL AGREEMENTS NECESSARY FOR THE PREPARATION AND IMPLEMENTATION OF THE PLAN Hansey said the Council had decided that the Solid Waste Advisory Committee should review this at its next meeting, then the Council will act upon it. 2. ORDINANCE TO REVISE THE 1989 CURRENT EXPENSE FUND, BUILDINGS AND CODE BUDGET THEREIN Warner reported that Finance had reviewed this ordinance. Buildings and Codes is falling behind in its work, due to the high level of activity in the construction field this year. Even though this is a temporary addition, B &C probably will ask for the person to become permanent. Finance recommended approval. WARNER SO MOVED. Minutes, 5/4/89, Page 6 Motion carried 6 -0 (Johnson out of the room). 3. ORDINANCE CREATING WHATCOM COUNTY LRID NO. 10 FOR INFRASTRUCTURE IMPROVEMENTS INCLUDING ROAD AND WATER AND SEWER INSTALLATION (INTRODUCED 3/2; POSTPONED SEVERAL TIMES) Warner said Finance reviewed this ordinance. Said Jackson had asked about the land value possibly being less than the cost of the infrastructure improvements, so if the property is removed from open space the tax burden may be too great for some property owners. Warner said most of the open space taxes owing, according to Ray Weden and the Assessor's office, amounted to 1.2 percent of the appraised value. There was some discussion. Roehl said Jackson should be more careful about wasting staff time. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 4. ORDINANCE ... (REZONING) TO GENERAL COMMERCIAL FOR ABOUT 32 ACRES EAST OF 1 -5, FRONTING PACIFIC HIGHWAY FROM SLATER ROAD SOUTH TO APPROXIMATELY 500 FEET SOUTH OF'WALDRON ROAD Burton said that Planning and Development had reviewed and recommended approval. BURTON MOVED THAT THE ORDINANCE BE ADOPTED, ALTHOUGH IT SHALL NOT TAKE EFFECT UNTIL THE CONCOMITANT AGREEMENT HAS BEEN FULLY SIGNED. BURTON MOVED TO AMEND THE ORDINANCE TO ADD THAT IT HAD BEEN CONSIDERED AT THE MAY 4 MEETING. Motion to amend carried. There was some discussion. Motion to adopt carried unanimously. Hansey recessed the meeting from 8 :20 to 8 :30 p.m. 5. ORDINANCE RESTRICTING THE USE OF WHATCOM COUNTY'S LANDFILL TO WASTE GENERATED WI THI N THE TERRI TORi AL LI Mi TS OF WHATCOM COUNTY AND ADDI NG SECTION 8.13 TO THE COUNTY CODE (PUBLIC HEARING NEEDED BEFORE CONSIDERATION?) Johnson said Public Services reviewed the ordinance and recommended that it not be adopted. -` JOHNSON MOVED TO TABLE THE ORDINANCE INDEFINITELY. Minutes, 5/4/89, Page 7 Jackson asked some procedural questions; one involved how to go about getting an ordinance scheduled for public hearing. Roehl said if Johnson's motion fails, it still would be before the Council. Since the ordinance imposes penalties, it requires a public hearing. Hansey said the process is as follows: 1. Ordinance is introduced; 2. Committee reviews and recommends do pass; 3. Committee recommends to Council that the ordinance be scheduled for a public hearing; 4. Staff schedules public hearing; 5. Public hearing takes place; 6. Council takes action. Jackson said she thinks it is ridiculous to encourage out -of- county waste. Johnson related his picnic story (see Public Services minutes). Jackson said SWAC had reviewed and recommended approval of the ordinance. There was continued discussion. Johnson eventually said he would Iike to continue to work on the ordinance with Roehl and Jackson, if the Council would rather send it back to committee than table it indefinitely. Motion to table indefinitely passed 4 -3 (Jackson, Johnson, Burton opposed). OTHER BUSINESS 1. DECISION IN THE APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO. A.A. 3 -89, SYLVIA SCHONBERG, ET AL (SEACLIFFE DEVELOPMENT IN POINT ROBERTS) (INFO RECEIVED OR ON FILE) Postponed to the May 18 meeting. 2. DECISION IN THE APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE NO. C.U. 2 -89, HERMAN PELLEBOER (PERMIT TO BUILD HOUSING FOR SEASONAL WORKERS, MISSION ROAD) (INFO RECEIVED OR ON FILE) BURTON MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. Motion carried (after brief discussion). 3. RECEIPT OF RESIGNATION: VIRGINIA WALSH FROM THE BOARD OF EQUALIZATION (POSITION WILL BE ADVERTISED; COUNCIL APPOINTMENT) Council members were informed that applications from Districts 2 and 3 could be considered. Position will be advertised. 4. RECEIPT OF APPLICATION FOR APPEAL OF HEARING EXAMINER'S DECISION ON C.U. 48 -85, APPLIED FOR BY ROBERT FROST It was noted that this item was received. 5. REPORT ON REZONE OF GIRARD STREET PROPERTY, TO ACCOMMODATE A NEW JUVENILE DETENTION CENTER (HANSEY) This item was on the addendum to the agenda. Hansey said the City has until May 15 to rezone the land. There was discussion. Warner suggested this be discussed at a Committee of the Whole. There was more discussion. Johnson noted that the situation makes the Bakerview site look better all the time. Minutes, 5/4/89, Page 8 NTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT -ITEMS) 1. RESOLUTION RELATING TO PROCEDURES FOR OPEN SESSIONS IN COUNTY COUNCIL MEETINGS (INFO RECEIVED, BUT COPY INCLUDED IN PACKET) Vanderpol said the Council can be most responsive to Its constituents by taking things through regular channels, rather than trying to solve things at the time they are brought up, in a meeting. Staff is caught off guard and it is difficult for them, or the Council, to make an intelligent response on the spur of the moment. The resolution he proposed would allow information to be accepted at Council meetings, then sent to the Administration for a report. Johnson asked if that procedure wasn't being followed now. Vanderpol said it breaks down when the Council tries to get responses to allegations made during open session. Jackson asked how enforceable such a resolution would be, adding that she felt it violates her ability to exercise rights of free speech. Vanderpol said there is nothing in the resolution prohibiting her from responding to citizens at a meeting. Randy Watts, Chief Civil Deputy Prosecutor, said if it were a written policy it would be up to the Chairman to remind Council members of the policy. WARNER MOVED TO AMEND THE RESOLUTION SO THAT ITEM C WOULD ALLOW THE COUNCIL TO ADVISE THE RESIDENT THAT THE COUNCIL WILL CHECK INTO ANY MATTER THAT REQUIRES ADMINISTRATIVE RESPONSE ... AND ADD ITEM D, ANY INDIVIDUAL COUNCIL MEMBER MAY MAKE A REASONABLE RESPONSE TO COMMENTS. Vanderpol said he had no problem with Warner's amendment. There was discussion. VANDERPOL MOVED TO AMEND ITEM A TO READ: THE RESPONSE OF THE COUNCIL TO ANYONE ASKING QUESTIONS OF AN ADMINISTRATIVE NATURE, OR ASKING QUESTIONS TO ADMINISTRATIVE STAFF, SHALL BE ... (SAME LANGUAGE) There was more discussion. Vanderpol withdrew his motion to amend. Warner's motion to amend passed, with Jackson opposed. Warner said it is the Chairman's responsibility to control the meeting; the discussion has sensitized the Council so it knows not to unfairly put the Administration on the spot, so he said he would vote against the resolution. There was more discussion in a similar vein. VANDERPOL MOVED TO TABLE THE RESOLUTION FOR A FEW WEEKS. Motion carried. 2. RESOLUTION TO SET A HEARING ON THE SALE OF PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 16 Warner reported that Finance reviewed and recommended approval of the Minutes, 5/4/89, Page 9 resolution. WARNER SO MOVED. Motion carried. 3. RESOLUTION AMENDING THE PERSONNEL POLICIES AND PROCEDURES FOR WHATCOM COUNTY EMPLOYEES Warner reported that Finance reviewed and recommended approval of the resolution. WARNER SO MOVED. Motion carried. (ITEMS 4 -8 WERE RECEIVED BY CONSENT AND REFERRED TO INDICATED COMMITTEES) 4. *RESOLUTION TO SELL PROPERTY ACQUIRED BY THE COUNTY ON TAX FORECLOSURE, REQUEST NO. 16 (PUBLIC HEARING /FINANCE) 5. *ORDINANCE RE REVISION TO THE 1989 NORTHWEST WASHINGTON FAIR FUND APPROPRIATION (FINANCE) 6. *ORDINANCE AMENDING WHATCOM COUNTY CODE 2.55.010 (FINANCE) 7. *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 (PUBLIC SERVICES) 8. *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 (PUBLIC SERVICES) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Tweed Twenty / Magrath Road: Burton said he would request the administration to prepare a vacation of Magrath Road, and place it on the Council's agenda in June. Ordinances regarding precincts: (Introduction items 7 and 8) Johnson reported that they had been presented to Public Services, and that he would ask staff to check Into the need for a public hearing. Sudden Valley Lots: Jackson said she has charted, on a map, all of the buildable and unbulldable lots so the Council can grasp the problem of trying Minutes, 5/4/89, Page 10 to market them. Assessor Replacement: Jackson said she did not recall that the Council authorized Hansey to write to 38 counties in the state to notify them of the vacancy. Hansey said the motion included in the procedure Council adopted stipulated that the position would be advertised In an appropriate manner. There was discussion. Jackson said the decision should have been made publicly. Warner said that the Council asked that it be advertised, and left it to the Chairman to decide how that would be accomplished. Jackson asked if anyone who is not a Whatcom County resident would be interviewed. Hansey said that any person would have to be a Whatcom County resident when appointed. Solid Waste Ordinance: Vanderpol suggested that a special Council meeting be called on the following Thursday, two days after the SWAC will have reviewed the ordinance referred to it. There was discussion, and ultimately it was decided that Vanderpol's suggestion was a good one. Special Meeting Scheduled: For May 11, 1989; first, at 6:30 a special Committee of the Whole to discuss Seacliffe with Prosecuting Attorney; then at 7 p.m. the special meeting to discuss the Solid Waste ordinance, the juvenile detention center, and Seacliffe. The meeting was adjourned at 9 :45 p.m. WHATCOM COUNT! COUNCIL ATTEST: WHATCOM COUNTY, W NGT h Ramona Reeves, Council Clerk 6 kna , C airman