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HomeMy WebLinkAboutCounty Council November 2 1989WHATCOM COUNTY COUNCIL November 2, 1989 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey. Other Council Members Present: Tom Burton Emily Jackson Corky Johnson Will Roehl Mary Vanderpol Dan Warner READING AND APPROVAL OF MINUTES The minutes of the October 5 Council Meeting were approved as presented. EXECUTIVE ITEMS 1. REQUEST FOR APPROVAL OF BIDDERS LIST FOR A CONVENIENT, CONTINUOUS AND READILY AVAILABLE SOURCE AND SUPPLY OF CONCRETE CULVERT PIPE AT THE LOWEST COST, AS NEEDED, FOR THE CALENDAR YEAR 1990 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 2. BID AWARD RECOMMENDATION FOR THE REMOVAL OF HAZARDOUS ASBESTOS INSULATION AT BAY HORIZON PARK TO THE LOW BIDDER, TLH ABATEMENT INC., FOR THE BASE BID AND OPTIONS NO. 1 AND 2 FOR A TOTAL AMOUNT OF $84,161 PLUS SALES TAX Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 3. REQUEST FOR APPROVAL OF BIDDERS' LIST ESTAB- LISHING 1990 RENTAL RATES AND TO ASSURE A SOURCE AND SUPPLY OF ROAD MAINTENANCE EQUIPMENT FOR THE DIVISION OF MAINTENANCE AND OPERATIONS Council Minutes, 11- 02 -89, page 2 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 4. BID AWARD RECOMMENDATION FOR A MID - VOLUME PHOTOCOPIER FOR THE PROSECUTING ATTORNEY'S OFFICE TO THE LOWEST RESPONSIVE BIDDER, MICHAEL BUSINESS MACHINES, FOR A TOSHIBA BD9110 COPIER AT A TOTAL BID AMOUNT OF $16,800 INCLUDING ONE YEAR'S SERVICE AND SUPPLIES Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 5. REJECTION OF ALL BIDS FOR BRIDGE END PROTECTION, VARIOUS COUNTY BRIDGES, FEDERAL AID NO. HES OOOS(34), FEDERAL AID CONTRACT NO. SA - 1305, CRP NO. 99120 Warner reported that Finance recommended approval of this item to reject the bids. WARNER MOVED THAT THE ITEM BE APPROVED TO REJECT ALL BIDS. Motion carried. 6A. REQUEST FOR APPROVAL OF STATE CONTRACT PURCHASE IN AN AMOUNT OVER $10,000 FOR MODULAR WORK STATIONS 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 (SPECIAL GIFT WINE SERVICE) LIQUOR LICENSE FOR THE RED RIDING HOOD GIFT BASKET COMPANY BY JOHN PETER JOHNSON, 82B LAKE LOUISE DRIVE S.E., SUDDEN VALLEY, BELLINGHAM, Council Minutes, 11- 02 -89, page 3 WA 98226 Johnson reported that Public Service recommended approval of this item. JOHNSON MOVED THAT THE LICENSE BE APPROVED. Motion carried. 7. EXECUTIVE'S REPORT ,.PROGRESS REPORT - 1989 ROADS: #17 on the handout regarding the Ferry Terminal on Lummi Island. The blacktopping has been completed and Public Works staff will be meeting with folks from the Island to discuss the striping and will also be meeting with the representatives of the School District to assure them that the school loading zone will meet the safety requirements. SOLID WASTE REPORT: A handout was distributed; Van Zanten did point out that the average tonnage was up to 87 tons a day at Cedarville or 220 tons a day in the County; this is considerably above the estimate. NEW LANDFILL SITING: Jackson asked if the Solid Waste Advisory Committee would be part of the final modification process of the E.I.S. Van Zanten stated that the draft had been approved by the Committee and any changes to that draft would come forward to the Council. The final decision will be made by the Council by late November and there will likely be a public hearing. OPEN SESSION Sandy McCandless 2142 Grainger Way Lummi Island, WA Speaking for the Lummi Island Community Club: relaying concerns of the community to the County Engineer regarding the ferry dock project. They have problems with the rerouting of loading and unloading lanes, the striping, the blacktop and the small amount of landscaping. The residents were happy with the landscaping but there is not enough of it. They did not want a K Mart parking lot and I -5 barriers. The club would much rather the money had been spent on good, functioning toilets at the ferry dock. There were also fears that the school bus loading zone would be unsafe. She requested that the staff be responsive to residents desires. Martin Keeley 610 South Beach Road Point Roberts He was speaking on behalf of the Point Roberts Preservation Committee with a Council Minutes, 11- 02 -89, page 4 membership of 180 persons at present. He said that reducing the buffer zone recommended the Hearing Examiner any further would be unacceptable. He spoke highly of Dr. Kelso who conducted the study in conjunction with a wildlife biologist from Seattle. They agreed that the Point Roberts Rookery is of international significance. Keeley said that any logging operations in this area should be issued a determination of significance which would require an E.I.S. be done as it has for the golf course. He asked that Council request of Planning that an E.I.S. be done on any logging permits in this area. Jillian Anderson Tsawwasen Nature Park Society Our mission is to protect the environmental concerns in Delta and we obviously have a concerned that the buffer reduction. As your Canadian neighbors and the people who feed the herons, we request that you not reduce this buffer. We feel you would be erring dangerously on the side of uncertainty if it is reduced any further. Susan Jones 1028 51A Street Delta, B.C. There is an environmental study occurring in the whole Delta- Surrey area and perhaps this study will be of benefit to Whatcom County. Several groups sent letters including the Canadian Wildlife Federation with a membership of 550,000 expressing concerns over the area. Dr. John Kelso 2206 Deerfield Drive Delta He is a wildlife biologist with three relevant degrees to the doctorate with 35 years of work in the area and consulting since his retirement. He is registered in British Columbia and certified in the United States. He would prefer a 300 meter buffer zone. Stafford Smith P.O. Box 6064 Bellingham Ordinance gives you three choices (1) adopt as submitted by the Hearing Examiner, (2) hold a public hearing or (3) refer the matter to the Planning Commission for public hearing. It appears that the Council has chosen number 1 so it is limited to changing only those conditions that are not implementational of those findings and conclusions. The Hearing Examiner made specific legal findings and conclusions concerning the necessity of the 200 foot buffer and the necessity of the road contribution to relieve the congestion. He states he does not think the Council can undo the Hearing Examiners recommendation without a public hearing. Council Minutes, 11- 02 -89, page 5 HEARINGS AND FINAL CONSIDERATION 1. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 24 Public Hearing opened. No testimony. Public Hearing closed. Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. ORDINANCE ESTABLISHING THE WHATCOM COUNTY DRUG FUND Warner said that the State Auditor had recommended that the proceeds from drug busts, etc. should be put in a special fund from which funds for certain aspects of drug enforcement may be drawn. Warner noted one error on line 18; it should read that the 1989 appropriation is $88,000, not the $203,081 (that is the total amount but only $88,000 will be used in 1989). Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried 6 -0, Roehl was out of the room. OTHER BUSINESS 1. RECONSIDERATION OF DECISION ON THE MAJOR DEVELOPMENT PERMIT FOR GULF VIEW (POINT ROBERTS GOLF COURSE) (CONTINUED FROM 10/19 MEETING) BURTON MOVED APPROVAL OF THE MAJOR DEVELOP- MENTAL PERMIT FOR THE GULF VIEW GOLF COURSE WITH THE AMENDED CONDITIONS APPROVED PREVIOUS- LY, NAMELY CONDITIONS 23 (CHANGING FROM 18 MONTHS TO 30 MONTHS FOR COMPLETION) AND 14 (WHICH WE AMENDED TO DROP WHICH OBLIGATED THE APPLICANT TO COST SHARE THE TYEE STREET IMPROVE- Council Minutes, 11- 02 -89, page 6 MENTS). Roehl said that he studied the file and agrees with the Hearing Examiner's position and now Burton's motion that the buffer should be left at 200 meters. He recommended that some consideration be given to allow the developer to use the portion of Monument Park owned by the County at the northwest corner of the property being developed. Hansey said that the Washington Department of Wildlife stated they are not concerned with having the buffer at 150 meters. Jackson said that this was taken out of context and comparing a small number of herons to a rookery of this significance would be wrong. This is an opportunity to protect the rookery which is a natural resource. Roehl said he takes exception to the comments made by Hansey because the only credible evidence is that it should be 200 meters and probably should be more. Johnson called for the question. Motion carried. Roehl requests the County Executive to enter into negotiations with the developer to see if they would like to use this land to enable them to adhere to the 200 meter buffer zone. 2. APPEAL OF HEARING EXAMINER'S DECISION ON THE CONDITIONAL USE PERMIT APPLICATION FOR THE INERT WASTE LANDFILL OF ROBERT MUENSCHER, FILED BY BERNIE HILGART Jackson said that Mr. Muenscher has challenged her participation in this matter because she had taken part in ex parte communication with his opponents in the course of this appeal. She states his allegation is unfounded and without merit and she will participate in the matter before the Council. Jackson stated she did attend a public meeting and discussed procedure only but cautioned the public that she could not speak specifically about the issue to them and doing so would jeopardize her participation in the process. She stated she left the meeting before the meeting concluded. Johnson moved that this matter be remanded back to the Hearing Examiner because of a letter from the Department of Ecology that arrived late. He said all matters should be taken into consideration in a decision such as this. Warner stated he would support the motion because of the new evidence. Vanderpol said he was against the motion because he doesn't know what's in the letter. Roehl concurred. Warner said we might as well discuss all the facts that the State forwards. Haney said this is just a land use permit and anything pertinent will come before the Health Board in the Health permit procedure. Johnson said that it is the Council's duty to look into everything to respect the people who are so concerned. Motion failed 4 -3. WARNER MOVED TO UPHOLD THE HEARING EXAMINER'S Council Minutes, 11- 02 -89, page 7 DECISION. Motion carried 6 -1 with Jackson casting the negative vote. 3. APPEAL OF HEARING EXAMINER'S DECISION ON THE SHORELINE PERMITS FOR NORTHWEST SEAFARMS, INC., FILED BY THOMAS E. KNYZEWSKI Roehl excused himself because he had represented someone connected with the applicant. JACKSON MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. Motion carried unanimously. 4. *RECEIPT OF PETITION FOR VACATION OF A PORTION OF ALDER STREET, FILED BY DEAN SCORE, ET. AL. (HEARING TO BE SCHEDULED ON ENGINEER'S This item was received and a hearing will be scheduled for December 7. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS) 1. RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY REQUEST NO. 23A. Warner said the Finance Committee recommended approval. WARNER MOVED TO APPROVE THIS ITEM. Motion carried. OTHER BUSINESS - Addendum 5. APPOINTMENT OF COMMISSIONERS FOR WATER DISTRICT 11 Hansey nominated Dick Metcalf who is a CPA and lives in the area. Roehl nominated Gale Smith and Warner nominated Arnola Larsen. ROEHL MOVED TO CLOSE NOMINATIONS. Motion carried. Council Minutes, 11- 02 -89, page 8 6. SETTING DATE FOR HEARING EXAMINER CANDIDATE INTERVIEWS There was some discussion about the interviewing process and whether this should be a contractual position. Warner and Jackson expressed the need for a full - time person. Roehl and Hansey spoke in favor of a contractual person. Johnson asked if the Council could legally change the direction of the job after advertising it as a full - time job. Warner said he did not want to change the job. JOHNSON MOVED TO INTERVIEW THE FOUR APPLICANTS ON NOVEMBER 9, 1989 AT 4 P.M. Motion carried. INTRODUCTION OF RESOLUTIONS AND ORDINANCES (cont'd) 2. RESOLUTION ADOPTING A SALARY SCHEDULE FOR THE WHATCOM COUNTY COUNCIL WARNER MOVED TO APPROVE THIS RESOLUTION. Motion carried. Items 3 through 17 were introduced by consent and referred to the appropriate committees. 3. RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 1990 4. *RESOLUTION ADOPTING THE 1990 SIX -YEAR PHYSICAL PLANT AND FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS AND FACILITIES FOR WHATCOM COUNTY, WASHINGTON (HEARING TO BE SCHEDULED - 11/16) 5. *RESOLUTION ADOPTING THE WHATCOM COUNTY 1990 ROAD CONSTRUCTION PROGRAM (HEARING TO BE SCHEDULED - 11/16) 6. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 23A (HEARING TO BE SCHEDULED) 7. *ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL BUDGET OF WHATCOM COUNTY FOR THE YEAR 1990, AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN (HEARING SCHEDULED FOR 11/16) Council Minutes, 11- 02 -89, page 9 8. *ORDINANCE ESTABLISHING WHATCOM COUNTY FERRY RATES (HEARING TO BE SCHEDULED - 12/7) 9. *ORDINANCE REVISING THE 1989 N.W. WASHINGTON FAIR FUND APPROPRIATION FOR FAIR OPERATIONS 10. *ORDINANCE AMENDING EXHIBIT A OF ORDINANCE 89- 24, ESTABLISHING 1990 FEES FOR THE HEALTH DEPARTMENT (HEARING TO BE SCHEDULED - 12/7) 11. *ORDINANCE ESTABLISHING A PETTY CASH FUND FOR THE PUBLIC HEALTH DEPARTMENT 12. *ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 1990, PURSUANT TO HOME RULE CHARTER SECTION 6.L0 (HEARING TO BE SCHEDULED - 12/7) 13. *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 14. *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 15. *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 16. *ORDINANCE CREATING A PART TIME MENTAL HEALTH COMMISSIONER 17. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, PLANNING DEPARTMENT APPROPRIATION THEREIN Council Minutes, 11- 02 -89, page 10 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Warner said that the Public Services committee explored the allegation that John Leibrant had made; the allegation was that a member of the Council had stated that the County was hiring consultants to find nothing. There was a misunderstanding of what was said and there is nothing to this matter. Roehl said he had been informed by the residents of Lummi Island that Puget Power plans to use herbicides on tree stumps on the Island; he asked that Puget Power be informed of the ordinance that was passed prohibiting the use of herbicides and pesticides on Lummi Island. Warner asked that the Chairman send a letter and include a copy of the resolution. Jackson said that the State Law specifically states that the Solid Waste Advisory Committee shall be involved in all phases of the drafting of the Solid Waste Comprehensive Plan. JACKSON MOVED THAT THE COUNCIL ASK THE ADMINISTRATION TO HAVE SOLID WASTE ADVISORY COMMITTEE BE INVOLVED IN ALL PHASES OF THE SOLID WASTE COMPREHENSIVE PLAN. Roehl moved to amend the motion to read to the extent that the law requires. Motion carried. Johnson reported on the actions taken at Public Service Committee. Drayton Harbor Road JOHNSON MOVED TO REQUEST THAT THE ADMINISTRATION BRING FORTH PAPERS TO LIMIT THE SPEED TO 25 MPH, TO LIMIT THE TRUCKS TO LOCAL DELIVERY ONLY, AND TO MOVE THE ROAD INLAND IN COOPERATION WITH BLA NE SO THEY CAN CONNECT TO IT. Motion carried. Roederland A policy statement was handed out. Jan Sperry of Roederland stated she would discuss the statement with her neighbors and return in two weeks to the Public Service meeting. Jones Creek Bridge at Turkington Road It was agreed to have this project held over until next Spring and look at all the alternatives. Council Minutes, 11- 02 -89, page 11 Warner said that the City of Bellingham had passed a law against billboards and this has caused a significant increase in permit application for billboards in the County. Warner has proposed a resolution to study the billboards issue. WARNER MOVED TO ADOPT A RESOLUTION INITIATING REVIEW OF BILLBOARDS JOHNSON MOVED . TO TABLE. Tyler said there are some basic controls in place and they are taking a hard look at this at present. Vote on Johnson motion to table. Motion failed. Haney said the Council should hold this issue over for two weeks. Warner said he did not want this held over for two weeks because the application will pour in over the next two weeks and he really cares about the appearance of our County. HANSEY MOVED TO ADD THE WORDS "ADVERTISING SIGN" AFTER OFFICIAL FOR CLARIFICATION. Motion carried. HANSEY MOVED TO ELIMINATE THE WORDS "HEALTH, SAFETY, AND WELFARE ". Motion carried. Vote on Warner's original motion. Motion carried. WARNER MOVED TO ADOPT AN EMERGENCY ORDINANCE IMPOSING A 60 -DAY MORATORIUM ON PROCESSING OF CONDITIONAL USE PERMIT APPLICA- TIONS FOR BILLBOARDS IN WHATCOM COUNTY, PEND- ING STUDY OF APPROPRIATE OFFICIAL CONTROLS. Johnson was against the hurried nature of an ordinance being introduced and acted upon on the same night because it didn't allow public input. Jackson will vote for the motion but does agree with Johnson to a degree. She said she felt 60 days was a reasonable time to defer permits. ROEHL MOVED TO AMEND THE ORDINANCE TO HAVE THE EMERGENCY CLAUSE IN THE "THEREFORE BE IT Council Minutes, 11- 02 -89, page 12 ORDAINED" SECTION. Motion carried. Vote on the original emergency ordinance carried 6 -1 with Johnson casting the dissenting vote. Jackson mentioned the Marine Wildlife Sanctuary meeting that will be held here at November 10 at 7 p.m. at the Library. They have taken an active stance against offshore drilling and she said it was important that the Council support this project. Vanderpol agreed with Jackson that this is a worthwhile project. Meeting adjourned at 9:30 p.m. ATTEST: lBarbara her, Cle WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON onald G. Xans6y, Chairman