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HomeMy WebLinkAboutCounty Council November 16 1989WHATCOM COUNTY COUNCIL Thursday, November 16, 1989 The meeting was called to order at 7 p.m. by Council Vice Chairman Dan Warner. Other Council Members Present: Absent: Will Roehl Don Hansey Corky Johnson Tom Burton Mary Vanderpol Emily Jackson EXECUTIVE ITEMS 1. APPROVAL OF BIDDERS' LIST TO ASSURE A CONVENIENT AND READILY AVAILABLE SOURCE AND SUPPLY OF ASPHALTIC MIXES AT THE LOWEST COST FOR ROAD PROJECTS THROUGH- OUT THE COMING YEAR Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion approved. 2. APPROVAL OF BIDDERS' LIST FOR A CONVENIENT AND READILY AVAILABLE SOURCE AND SUPPLY OF RIPRAP ROCK AT THE LOWEST COST FOR ROAD PROJECTS THROUGHOUT THE COMING YEAR Warner reported that Finance recommend approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion approved. 3. BID AWARD RECOMMENDATION FOR THE COUNTY COUNCIL CHAMBERS SOUND SYSTEM TO PIONEER SOUND SERVICE CO. IN THE AMOUNT OF $12,108.23, INCLUDING TAXES Warner reported that Finance recommend approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion approved. Minutes, 11/16/89, Page 2 4. APPROVAL OF CONTRACT WITH SHARON ROBINSON FOR MONITORING AND AUDITING SERVICES FOR MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES IN AN AMOUNT NOT TO EXCEED $15,000 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion approved. 5. APPROVAL OF AN INTERLOCAL AGREEMENT FOR MICROFILM SERVICES WITH SKAGIT COUNTY FOR MICROFILMING THE AUDITOR'S RECORDS Van Zanten explained that this will microfilm most of the remainder of the backlog in the Auditor's office. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 6. NEW APPLICATION FOR A CLASS E,F LIQUOR LICENSE BY ERNEST HUI, W. JAMES WHYTE, AND KLANE K. HUI FOR THE POINT ROBERTS MARINA RESORT, 713 SIMUNDSON DRIVE, POINT ROBERTS, WA 98281 Johnson reported that Public Service recommend approval of this item. JOHNSON MOVED THAT THE ITEM BE APPROVED. Motion approved. 7. NEW APPOINTMENT OF GARY CRAWFORD TO THE COUNTY BOARD OF APPEALS TO FILL THE VACANCY CREATED BY THE RESIGNATION OF JAMES KELLEY WHOSE TERM RUNS UNTIL 12/31/89. THE APPOINTMENT IS REQUESTED TO BE EFFECTIVE IMMEDIATELY AND TO ENCOMPASS AN ADDITIONAL COMPLETE FULL TERM TO ULTIMATELY RUN FROM 1/1/90 TO 12/31/92 Johnson reported that Public Service recommend approval of this item. JOHNSON MOVED THAT THE ITEM BE APPROVED. Motion approved. Minutes, 11/16/89, Page 3 8. NEW APPOINTMENT OF TIM CARPENTER TO THE SUBSTANCE ABUSE ADVISORY BOARD TO FILL THE VACANCY CREATED BY THE RESIGNATION OF TOM WILLERT WHOSE TERM RUNS UNTIL 12/31/89. THE APPOINTMENT IS REQUESTED TO BE EFFECTIVE IMMEDIATELY AND TO ENCOMPASS AN ADDITION- AL COMPLETE FULL TERM TO ULTIMATELY RUN FROM 1/1/90 TO 12/31/92 Johnson reported that Public Service recommend approval of this item. JOHNSON MOVED THAT THE ITEM BE APPROVED. Motion approved. 9. EXECUTIVE'S REPORT Van Zanten discussed the flood and stated the river was at flood stage at Deming from Thursday to Saturday. Flood stage at Deming is 12 feet and it went as high as 15.28 feet. Early Thursday, Van Zanten made an emergency declaration at the request of Emergency Services and the Public Works department; this allows County departments to enter into contracts and get on with the business of fighting the flood. Both a Public Works vehicle and a State Patrol vehicle had to be rescued. There was tremendous help and support shown by community members. Damage assessments have not been completed for County Roads but preliminary estimates of damage to State Highways (including the temporary span at Nugent's Corner) is $1.6 Million. The County will be asking the Governor to declare this a disaster area and she hoped there would be some Federal Emergency Money (FEMA). It was fortunate there was no loss of life and no serious injury. The Solid Waste people are completing plans for closure of Point Roberts and Y Road landfill; that deadline is the 28th of November. The are also working on an operational plan for Cedarville which also must be completed by November 28th. The new hours at Cedarville are 8 am to 3 pm. Van Zanten handed out the Buildings and Codes activity report and commended them on the tremendous workload they are coping with. OPEN SESSION Edna Corrick Sand Road She stated that the recent heavy rains were an example of what happens in the Stewart Mountain area. The water was cascading out of the mountains and the water at the bottom of the ravine measured 13 inches. This reinforces the residents stand that this is just not an appropriate site. Why not drop Stewart Mountain now as a site and save Minutes, 11/16/89, Page 4 a great deal of money doing further study; there is an opportunity to save between $125,000 and $200,000 in doing a study on this totally inappropriate site. Bernie Higard 6160 Everson Goshen Road RE: Proposed Muenscher Landfill The Henmmi Road Coalition is disgusted with the issuance of this permit. The appearance of fairness was absent. There is a growing concern in this organization over the apparent oversight of each local department which has jurisdiction in the permit process. Many of the laws governing this type of investigation into the facts; we'd like to point out some of the oversights: 1. Site plan proposed site will not be visible from the nearby; in fact it can be seen from the Everson Goshen Road, the Central Road and the Hemmi Road; 2. The Hearing Examiner failed to consider the economic loss to neighboring properties. Typical losses can be expensive since a water well cannot be located within 1000 feet of this site according to WAC 173.160.205 para 2. Each landowner can expect to have their land values drop by half; an economic study was not done. Your decision may not have been wrong but the information that your decision was based lacked specifics or the proper information from local governing agencies was not available. The last step in the permitting process rests with the Whatcom County Health Department. There will be a public hearing in front of the Health Board Advisory Committee, and the facts will be presented within 10 ten days to the Health Officer. If you do not forward a report, he may issue a permit without it. He asks that the Health Board take an active roll in this process. Barbara Brenner 5617 Northwest Road She said she supports the withdrawal of the Stewart Mountain landfill site. On the Muenscher site, she said she would like to see an environmental impact statement should be done. She had a question for Randall Watts regarding the status of the medical waste ordinance that was passed many months ago. She stated that Don Hansey said the reason it was passed was to get it into court quicker. Warner said he had heard on the radio that TRC might be sold to a company who would not be interested in burning medical waste so the question would become moot. He asked that if Randy was in the back room to please answer this question. Brenner stated that she had spent time with Browning Ferris Industries and has a handout from them stating that this would undermine the Canadian environmental policy and it would invite retaliation from other areas. She said that any policies in this regard that have been upheld have been able to prove that there was an environmental impact to the community. She read a statement from the Greater Vancouver Sewage District that BFI had said that they had a facility in California that was permitted and could accept any of their medical waste if it is not allowed in Bellingham. Minutes, 11/16/89, Page 5 Charles Amsell Everson Goshen Road Would like to know how to change the zoning to prohibit landfills being sited in residential areas (R2, R5 and R10). He said he believes that the proliferation of landfills in the County is not in the best interest of the residents. Sylvia Schoenberg 2044 Cliffside Drive Point Roberts Ms. Schoenberg read letters from John and Ann Medbury and Marie Bruns in support of the gas moratorium being extended until the Comprehensive Plan is in place. She mentioned the 200 gallon gas spill that had occurred on October 27th. Schoenberg thanked the County employees for the hard work that is being done on the Point Roberts Comprehensive Plan and other Point Roberts issues. She urged the Council to seriously consider the moratorium on gas stations be extended until the plan is in place. Helen Cunningham 2440 Cedar Point Point Roberts She said she and her husband urge the Council to pass the extended moratorium on gas stations and the newly proposed moratorium on other construction. Point Roberts is turning into a battle zone. She said she felt the Whatcom County Planners are excellent and we need no outside professionals. Roehl said he was interested in the Medical Waste lawsuit and would be interested in the status. He said that the flood has caused a slowdown in the Landfill Siting process. Jackson asked if it would be a good idea for the whole Health Board to be presentin the forthcoming hearings on the Muenscher landfill. Roehl asked that a letter be sent to the Prosecutor for an update on the medical waste lawsuit. Jackson will ask Burton to put on an Planning and Development agenda the issue brought up by Mr. Amsell about putting a zoning restriction on the areas that can be used for landfills. HEARINGS AND FINAL CONSIDERATION 1. FINANCE COMMITTEE'S RECOMMENDED CHANGES TO THE 1990 BUDGET PROPOSED BY THE EXECUTIVE (INFORMATION WILL BE PRESENTED 11/9, AFTER AGENDA DEADLINE; RECOM- MENDATIONS WILL BE REVISED AGAIN AND AVAILABLE FOR Minutes, 11/16/89, Page 6 PUBLIC INSPECTION LATE IN THE DAY, 11/13) Warner explained the process that the Finance Committee had gone through and said they had not made too many changes from the Executive's original proposed budget. He opened the public hearing. Shirley Forslof Auditor Thanked the Finance Committee for their work but did want to make another comment on the elected official's salaries. In the exempt salary resolution she stated that the chief jailer was being paid just slightly less than she is being paid. She has no quarrel with what he is being paid but thinks he has several people above him. As the County Auditor she has four department under her and she feels the extra responsibility is worth more than $131 more per month for the added responsibility she has. She would prefer the proposal of the County Executive or the one by the Elected Officials. The only advocate the elected official has for a raise is the Council. Warner said the Committee had asked the Administration and the elected officials to bring forward a plan for elected officials salaries. The committee adopted the plan recommended by the elected officials with one change. They added in the salaries of Whatcom County with the other Class I and II Counties; this does bring the salaries down because Whatcom County salaries are lower than the average. He commented on the committee's efforts to bring equity to the salaries. Tom Westergreen 4800 South Pass Road Here as part of a task force concerned with woods safety and wants to encourage the Council to provide a person to enforce safety. There have been deliberate instances of premeditated sabotage of equipment and spiking of trees. More of the woods work is done closer to busier areas of the County now that second growth timber is being harvested. Growth has put a strain on the forested areas because a lot of outdoor recreation is in the woods. We need someone who knows the wooded area and understand forestry related problems. Jane Lowry 3016 Cottonwood Representing Women's Care Center. She wished to express her gratitude to the Executive and the Council for their support of the victims of domestic violence in Whatcom County. Minutes, 11/16/89, Page 7 Steve Hubbard 2634 East Crestline Drive President of Hubbard Ambulance in Bellingham. Whatcom Medic One has provided a great service to this community. Hubbard backs up the 911 system. Over the last two years Hubbard's activities have changed dramatically and they now operate 24 hour service seven days a week. He is requesting that Council consider using Private Service when they are closest ... they do have units in the Fountain area and one in Lynden Birch Bay Road. It would take a 911 unit 15 minutes to get to the location where they would be starting and that is a long time for a Blaine resident to wait if he is in critical condition. Hubbard does contract work for Council on Aging on the brokerage plan. Patricia Sabin Bellingham Whatcom County Visitor and Convention Bureau Thanked the Council for their consideration but they do need more. She explained the services they provide and said that more funding would create goodwill to visitors and get travellers to stay longer, spend more, return and encourage others to visit. They would like to have kiosk and would need staff to man them and money for handouts. Warner said they had asked for $16,000 more but the committee had decided they could not go any higher; they did put $2,500 in a fund that agencies could bid on. Jackson stated that Whatcom Transportation Authority is adding a kiosk in Bellis Fair and perhaps they could team up with them to cut the costs. JACKSON MOVED THAT THE ADMINISTRATION BE ASKED FOR A STATE- MENT OF ANTICIPATED EXPENDITURES FOR THE REMAINDER OF 1989 AND FOR 1990 FOR THE STEWART MOUNTAIN SITE. Warner said at this time we must treat all sites equally but Jackson said it does state that two or three sites will be investigated. Vanderpol said he would vote against singling one out. WARNER AMENDED THE MOTION TO ASK FOR AN ANALYSIS FOR EACH OF THE THREE SITES. Motion carried unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. RESOLUTION ADOPTING A SALARY SCHEDULE FOR UN- REPRESENTED COUNTY EMPLOYEES FOR 1990 WARNER MOVED COUNCIL APPROVE THIS RESOLUTION. Minutes, 11/16/89, Page 8 Jackson said she would like to add the words "any cost of living increase given to the other employees." Motion carried unanimously. 1B. EMERGENCY ORDINANCE TO IMPOSE A 60 DAY MORATORIUM ON DEVELOPMENT PERMITS AT POINT ROBERTS Burton said that Planning and Development recommended approval. BURTON MOVED THAT THIS ITEM BE ADOPTED. Roehl said he supported the ordinance because of the difficulty the County and Point Roberts is facing and the Comprehensive Plan is not finished. Johnson said he did vote for the original moratorium on service stations but said there seems to be too many moratoriums. Roehl agreed with Johnson that this is unusual but there have only been two in ten years; he said we are not stopping building, just developments. Burton said that Whatcom County is impacted by the great amount of money coming into lower British Columbia from Hong Kong and the Middle East. Roehl said there is no other place in Whatcom that have 48 pump gas stations. JACKSON MOVED TO STRIKE THE SECOND WHEREAS IN THE ORDINANCE Roehl agrees the ordinance is badly written. JACKSON MODIFIED HER MOTION TO HAVE THE SECOND WHEREAS READ "DEVELOPMENT PRESSURES.... WATER SUPPLY AND SUBSTANTIAL POPULATION GROWTH" AND DELETE THE REST OF THE PARAGRAPH. Motion carried unanimously. Warner stated concern about the uncontrolled growth that may happen while we wait for the plan to be finished. Roehl said that the majority will be changing their zoning and deferring permits for a 60 day period is not that long. Motion failed. Warner, Roehl, Burton, Jackson - yes; Vanderpol and Johnson - ��a Minutes, 11/16/89, Page 9 2. ORDINANCE ESTABLISHING A PETTY CASH FUND FOR THE PUBLIC HEALTH DEPARTMENT WARNER MOVED THAT THIS ITEM BE ADOPTED. Motion carried. 3. ORDINANCE CREATING A PART TIME MENTAL HEALTH COMMISSIONER Warner said that there was a long discussion in Finance Committee and the Committee had recommended that this be for a thirty day period. WARNER MOVED THAT THIS ITEM BE ADOPTED. WARNER ADDED THE AMENDMENT THAT IT WOULD BE FOR A THIRTY DAY PERIOD. Amendment carried. Johnson voiced concern about the proliferation of Commissioners. Motion carried unanimously. 4. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, PLANNING DEPARTMENT APPROPRIATION THEREIN Warner reported that Finance recommended adoption of this item. WARNER MOVED THAT THIS ITEM BE ADOPTED. Motion carried. 5. ORDINANCE REVISING THE 1989 N.W. WASHINGTON FAIR FUND APPROPRIATION FOR FAIR OPERATIONS Warner reported that Finance recommended adoption of this item. WARNER MOVED THAT THIS ITEM BE ADOPTED. Motion carried. 6. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, NON - DEPARTMENTAL APPROPRIATION THEREIN FOR HEALTH DISTRICT ASSET DIVISION Warner explained that this was an estimate of what might be assessed as the Minutes, 11/16/89, Page 10 City's share of the Health Department assets. If it is more there will have to be a revised ordinance. WARNER MOVED THAT THIS ITEM BE ADOPTED. Motion carried. 6A. ORDINANCE AMENDING THE TEXT OF THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM TO ALLOW THE LAND APPLICATION OF WASTE WATERS USED IN PROCESSING FRUITS AND VEGETABLES AS A CONDITIONAL USE Burton explained the ordinance saying that the Department of Ecology had reviewed it and approved. Burton discussed the benefits and dangers, and stated that the Planning Committee recommended approval of this item. BURTON MOVED THAT THIS ITEM BE ADOPTED. Motion carried. 7. ORDINANCE AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING CODE, AND TITLE 2.2A, THE INTERIM ZONING ORDINANCE TO REVISE THE LANDSCAPING, BUFFERING, SCREENING AND SETBACK REQUIREMENTS Burton said the Planning Committee had held this over. 8. ORDINANCE AMENDING THE OFFICIAL URBAN FRINGE SUBAREA COMPREHENSIVE PLAN MAP FROM HEAVY IMPACT INDUSTRIAL TO LIGHT INDUSTRIAL PARK AND AMENDING THE OFFICIAL ZONING MAP FROM HEAVY IMPACT INDUSTRIAL TO RURAL LIGHT IMPACT INDUSTRIAL FOR APPROXIMATELY 9.9 ACRES COMPRISING THE ELDRIDGE INDUSTRIAL SITES ON MARINE DRIVE (PARBERRY REZONE) Burton explained this ordinance and said the Planning Committee recommended its adoption. BURTON MOVED THAT THIS ITEM BE ADOPTED. Motion carried. OTHER BUSINESS 1. APPOINTMENT OF HEARING EXAMINER This item was held over. Minutes, 11/16/89, Page 11 2. PETITION FOR A RESIDENT SHERIFF'S DEPUTY IN THE MAPLE FALLS AREA (RECEIVED IN COUNCIL OFFICE 11/7) The Sheriff will return in two week with a recommendation. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION AUTHORIZING THE DESIGN, CONSTRUCTION AND FINANCING OF A NEW FOUR -STORY ADDITION TO THE WHATCOM COUNTY COURTHOUSE TO PROVIDE FOR JUVENILE DETENTION FACILITY AND COUNTY ADMINISTRATIVE OF- FICES Warner explained the resolution and stated that the Finance Committee recommended its approval. A sheet was passed out from the Executive outlining the financing options. Jackson wants interim financing but would like to put a major levy lift before the public particularly during this period of growth and economic boom. She would prefer to pay as we go as much as possible so that folks down the road do not have to shoulder this responsibility. The residents supported the Parks levy and they would probably support a levy lift. If it was not supported we could fall back on current. expense revenues and the public would be deciding how they want to prioritize County government; it would freeze a certain amount of our capital normally used for law enforcement and services to the community. I believe this community wants to pay for our needs and not finance and pay interest on anything that is not necessary. Johnson agrees and says that a bond repayment has to be paid first and if hard times come there would be hard decisions have to be made about laying off deputies, etc. Roehl supports resolution as written without going to voter to raise the levy lid. Vanderpol says this does not preclude going to the voters if it passes. Jackson said she wants the decisions made for the entire financing now so that the new Council members won't have to come in and make decisions that should be made now. Roehl took exception to the inference that he was leaving unfinished business. Jackson said she would like to have the Executive's feelings on her preference for eventual financing. Motion carried unanimously. 1A. RESOLUTION COMMENDING THE CITIZEN VOLUNTEERS AND COUNTY AND STATE EMPLOYEES AND AGENCIES FOR THEIR OUTSTANDING PERFORMANCE IN THE RECENT FLOOD EMERGENCY IN WHATCOM COUNTY. WARNER MOVED THAT THIS ITEM BE APPROVED. Minutes, 11/16/89, Page 12 Motion carried. The following items will be sent to the appropriate committees. 2. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, PUBLIC DEFENDER'S BUDGET THEREIN FOR PROFESSIONAL SERVICES (FINANCE) 3. *ORDINANCE REVISING 1989 CURRENT EXPENSE FUND, NON - DEPARTMENTAL APPROPRIATION THEREIN FOR PROFESSIONAL SERVICES RELATED TO COLLECTIVE BARGAINING (FINANCE) 4. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, SUPERIOR COURT BUDGET THEREIN, FOR INDIGENT CRIMINAL DEFENSE ATTORNEY FEES (FINANCE) 5. *ORDINANCE ESTABLISHING A MENTAL HEALTH CONSUMER/ - ADVOCATE REVOLVING FUND (FINANCE) 6. *ORDINANCE REVISING THE 1989 COMBINED TREATMENT SERVICES FUND FOR INCREASED GRANT -IN -AID FUNDING FOR MENTAL HEALTH (FINANCE) 7. *ORDINANCE ESTABLISHING A SPEED LIMIT ON PART OF NORTHWEST ROAD (PUBLIC SERVICES) 8. *ORDINANCE ESTABLISHING A SPEED LIMIT ON PART OF DRAYTON HARBOR ROAD (PUBLIC SERVICES) 9. *ORDINANCE ESTABLISHING A WEIGHT RESTRICTION ON A PORTION OF DRAYTON HARBOR ROAD (PUBLIC SERVICES) 10. *ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF LRID NO. 10 (CORDATA) BOND ANTICIPATION NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,095,000 IN ORDER TO PROVIDE INTERIM FINANCING FOR IMPROVEMENTS WITHIN LRID NO. 10; AND FIXING THE DATE, INTEREST RATE, MATUR- ITY, FORM, TERMS AND COVENANTS OF SAID NOTES; AND CONFIRMING THE SALE OF SAID NOTES (FINANCE) 11. *ORDINANCE ESTABLISHING EMERGENCY SERVICES AS A DIVISION OF THE SHERIFF'S OFFICE (PUBLIC SERVICES) 12. *ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR LRID NO. 10 (CORDATA) FUND (FINANCE) Minutes, 11/16/89, Page 13 13. *ORDINANCE REDUCING THE 1987 -88 ASSESSMENT ROLL FOR R.I.D. NO. 8 AND AUTHORIZING REFUNDS FOR AMOUNTS PREVIOUSLY PAID (FINANCE) , 14. *ORDINANCE TO EXTEND THE MORATORIUM ON NEW CONSTRUCTION EXPANSION OF GAS STATIONS AT POINT ROBERTS 15. *ORDINANCE TO EXTEND THE MORATORIUM ON NEW CONSTRUCTION EXPANSION OF GAS STATIONS AT POINT ROBERTS 16. *ORDINANCE ADOPTING THE COMPREHENSIVE WATER AND SEWER PLAN AS AN ELEMENT OF THE WHATCOM COUNTY LAND USE PLAN FOR THE ENTIRE COUNTY Burton said he would like to schedule a public hearing on December 14th so this issue could be finalized before he leaves office. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS There was a short discussion of the process that will be followed in hiring a Hearing Examiner. Meeting adjourned at 9:50 p.m. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Bar ra Maher, Council clerk Daniel M. Warner, Vice Chairman