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HomeMy WebLinkAboutCounty Council September 21 1989WHATCOM COUNTY COUNCIL September 21, 1989 The meeting was called to order at 7 p.m. by Council Chairman Don Hansey. Other Council Members Present: Absent: Tom Burton Emily Jackson Corky Johnson Will Roehl Dan Warner Mary Vanderpol READING AND APPROVAL OF MINUTES The minutes of the August 17 Council Meeting and the August 31 Special Council Meeting were approved as presented. EXECUTIVE ITEMS 1. REQUEST FOR APPROVAL OF BIDDERS LIST FOR THE SUPPLY OF FRESH FRUITS AND VEGETABLES FOR THE JAIL FOR THE NEXT SIX MONTHS Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 2. BID AWARD RECOMMENDATION FOR THE SUPPLY OF DAIRY PRODUCTS TO THE JAIL TO THE LOW BIDDER, DAIRY DISTRIBUTING, INC., AT AN ESTIMATED TOTAL OF $14,211.50 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 3. BID AWARD RECOMMENDATION FOR THE PROVISION OF GROCERIES AND SUPPLIES TO THE JAII. TO THE LOW BIDDER, FOOD SERVICE, INC., AT AN ESTIMATED TOTAL OF $23,433.05 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. :.. Motion carried. Minutes, 9/21/89, Page 2 4. NEW APPOINTMENT OF JUDY POTTER TO A FIRST, FULL THREE -YEAR TERM ON THE T.V. RECEPTION IMPROVEMENT DISTRICT I BOARD TO RUN FROM 8/31/89 TO 8/30/92. SHE WILL BE REPLACING RICHARD MONAGHAN WHO RESIGNED FROM THE BOARD AT THE END OF HIS TERM. Vanderpol reported that Public Services recommended approval of this new appointment. VANDERPOL MOVED THAT THE APPOINTMENT BE CONFIRMED. Motion carried. 5. NEW APPOINTMENT OF KERRY LINDNER TO A POSITION ON THE T.V. RECEPTION IMPROVEMENT DISTRICT I BOARD WHICH HAS BEEN VACANT FOR SOME TIME. THE TERM WILL BE EFFECTIVE IMMEDIATELY AND WILL RUN UNTIL 8/30/91 Vanderpol reported that Public Services recommended approval of this new appointment. VANDERPOL MOVED THAT THE APPOINTMENT BE CONFIRMED. Motion carried. 6. EXECUTIVE'S REPORT SOLID WASTE REPORT: Including the litter report; these were distributed but not discussed (on file: SOLID WASTE). LANDFILL SITING STUDY: Van Zanten acknowledged that the public has been asking very good questions about the proposed Stewart Mountain site, including the question of whether the site rests over a sole- source aquifer. According to local documentation, it does not; however, Van Zanten said this needs to be definitely determined. She read a memo from Public Works Director Paul Rushing (on file: SOLID WASTE /LANDFILL SITING) on the subject. She said she asked the consultant to analyze the questions raised and to make a report, so she could determine if it is appropriate to pursue a full environmental impact study (EIS) on the location. Roehl said he didn't know if it would be appropriate to proceed with scoping of the Stewart Mountain site while these questions are being answered. There was extensive discussion about scoping, what it means and whether a delay in that process would affect the landfill siting process. Van Zanten said some preliminary EIS work - - such as drilling on the Stewart Mountain site seeking an aquifer -- may be necessary in order to find all the facts. Warner said this issue was discussed in the Public Services Committee earlier. Minutes, 9/21/89, Page 3 WARNER MOVED TO REQUEST THE ADMINISTRATION TO HAVE THE CONSULTANT TO EVALUATE THE QUESTIONS RAISED AND REPORT TO THE ADMINISTRATION AND COUNCIL. Jackson said the Solid Waste Advisory Committee (SWAC) wanted authorization to ask Harper and Owes to re- examine the proposed location and how it measures up to the fatal flaw criteria. Jackson contended that had certain issues been addressed earlier, the site never would have advanced past the fatal flaw level and to the scoping process, which has started. JACKSON AMENDED THE MOTION TO ADD THE FOLLOWING WORDS: AND THE SCOPING BE DELAYED UNTIL THE COUNCIL HAS THE REPORT." Jackson said SWAC arbitrarily removed two sites from consideration, and that this one just slipped through. She said scoping should be halted on the Stewart Mountain site because it never should have advanced to this stage. Roehl said that scoping is a paper exercise, a process of putting questions raised by citizens and agencies into a list so the consultant can use them in the EIS. There was discussion. Haney said Jackson's amendment makes this a political decision, and that it would be better to halt the scoping process on all three sites. Roehl said a political decision would be to abruptly withdraw Stewart Mountain at this point; so Hansey amended his comments to say it was a legislative decision. Jackson said originally the SWAC only wanted to recommend two sites; she said getting the answers to citizens' questions would take three weeks to one month. Vail Zanten said she estimated it would take two to three months. There was more discussion. Someone in the audience shouted that this vote and discussion should have taken place after open session. Haney said no. There was further discussion. Motion to amend failed. JACKSON MOVED TO AMEND THE MOTION, TO ADD THAT THE SCOPING BE DELAYED UNTIL. THE COUNCIL HAS THE REPORT. JACKSON LATER RESTATED HER MOTION, TO ADD THE FOLLOWING WORDS TO THE MAIN MOTION: "PRIOR TO THE CONTINUED SCOPING OF THE STEWART MOUNTAIN SITE." She said two weeks would be sufficient time for SWAC to re- evaluate the location. Vanderpol said this amendment did not seem any different than the last one. Hansey said it seemed to have even more serious flaws. Motion to amend failed. Main motion carried, with Burton in opposition. M Minutes, 9/21/89, Page 4 *SPECIAL DEPARTMENT REPORT* PRESENTATION BY BARBARA CORY, WHATCOM COUNTY TREASURER Cory said this is one of the busiest times of the year for her office. She explained improvements she has made to save cost and boost morale of employees, such as going to a one -time mailing for taxes and hiring a mail service to do that work. She said new services include computerized payments from mortgage companies, and that she would like to see this pursued further by contracting with bigger taxpayers like Georgia - Pacific and Puget Power. Other items discussed were analysis of processes to cut out steps and save time, records storage, the inventory of county property, the possibility of going out to bid for banking services for the county, and possible flexibility in employee work days. Hansey called for a break at 8:15 p.m. The meeting resumed at 8:20. There was a problem with the sound system, no reading on the tape recorder whether it was connected to the sound system or not; so clerk turned off the recorder for a portion of Open Session. OPEN SESSION Unidentified person (started speaking before Clerk was in the room or the recorder was on) Said there are 350 members in a group of Stewart Mountain concerned citizens. A mistake has been compounded. Said it is difficult to trust government officials because they have dumped on that area for so long -- with the rendering plant, the Y Road dump, and Cedarville. How can they trust what Harper -Owes will report? Their reputation rests on not making mistakes, so they won't admit it when one is made, the person said. Fred Corrick 4704 Sand Road Said he still doesn't know what scoping means, but he has received a lesson in sand - bagging. Had a conversation with the Executive and after talking with her again, found they had not understood each other. Legally people have 30 days to respond to the landfill proposal, yet nowhere is it clear which portion of the 700 -1200 acre parcel is being proposed for the landfill. Also questioned the consultant's willingness to admit mistakes. Wants the site clearly identified before the scoping process ends. Diane Garmo I She is afraid not just for water quality and the neighbors, but for the process called scoping. She said in the draft Solid Waste Management Plan, scoping was scheduled to begin in February 1990, yet it has already started. She said how could there be so much concern about delays in light of the schedule in the plan. Minutes, 9/21/89, Page 5 Doug McKeever Geologist Doesn't live in the area near Stewart Mountain, but his concerns are that the level of the fatal flaw analysis was not met. He said there are four, possibly five criteria that may be sufficient to remove Stewart Mountain based on fatal flaws. Said he can understand how a conspiracy theory can get started. He said he stakes his reputation as a geologist on the fact that there are a number of fatal flaws present. Thinks the Executive's estimate of two to three months to clear up these questions is excessive. Urged Council to hire other consultants to review this matter. Warner said he appreciated the letter that McKeever sent, and that it was very well written and had good points. McKeever said the Council must be careful not to let the wheels of bureaucracy grind on and on until they can't be stopped. This site is a mistake. Pam Aggar ( ?) 2722 E. Kelly Road Said she's always thought the County Council was made up of people like herself, that they are there to help people when things get screwed up somehow. She said she doesn't think there is a plot, but if the Council set up the criteria for landfill siting and a mistake was made or it wasn't followed, doesn't the Council have a right to correct it? She said she thought the Council was there to protect citizens; she said she didn't know who else to ask. Roehl said the Council's vote tonight was intended to ensure that the fatal flaws on that site didn't exist. He said each Council member will watch the process closely to make sure the questions are examined fully. HEARINGS AND FINAL CONSIDERATION 1. REQUEST TO VACATE THE UNUSED PORTION OF SALLY'S LANE ON LUMMI ISLAND, FILED BY STEVE LUKE AND KUMAR CHAVRE' The hearing was opened; there was no testimony. The hearing was continued to October 5 (due to processing error in Council Office, more time was needed to meet state law posting requirements). 2. REQUEST TO VACATE A PLATTED COUNTY ROAD KNOWN AS DIVISION STREET LYING BETWEEN ALLAN'S ROAD & CORDATA PARKWAY, AKA WOODS ROAD, FILED BY WHATCOM COMMUNITY COLLEGE ` The hearing was opened; there was no testimony. The hearing was continued until October 5 (at the request of the petitioner). 3. REQUEST TO VACATE PORTIONS OF COMMERCIAL STREET AND FIFTH AVENUE (BLAINE), FILED BY R.E. HABENICHT AND Minutes, 9/21/89, Page 6 KLAUS H. BRANICKI The hearing was opened; there was no testimony; the hearing was closed. Vanderpol reported that Public Services recommended approval of the request. VANDERPOL MOVED THAT THE REQUEST BE APPROVED. Motion carried. 4. REQUEST TO NAME AN UNNAMED COUNTY ROAD AS "FLAMBEAU ROAD," FILED BY ROGER BOETTCHER The hearing was opened. Roger Boettcher 3575 H Street Road He said actually he lives along the proposed Flambeau Road, even though he has an H Street Road address. He explained that Flambeau Road is a common name in Wisconsin, his home state. The hearing was closed. VANDERPOL MOVED THAT THE REQUEST BE APPROVED. Burt6n noted that a letter had been received from Fire District 13 Chief Jerry Joubert, who requested that address numbers be assigned on a north to south grid on Flambeau Road, rather than being based on the east to west grid off H Street Road. Engineer Ed Henken said this would need to be requested of Buildings and Code. BURTON MOVED TO AMEND THE MOTION TO ADD THAT BUILDINGS AND CODE BE REQUESTED TO ASSIGN ADDRESS NUMBERS ACCORDINGLY, AS REQUESTED BY MR. JOUBERT. Vanderpol accepted this as a friendly amendment. Motion carried. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES 1. RESOLUTION DECLARING CERTAIN REAL PROPERTY SURPLUS AND AUTHORIZING ITS SALE BY NEGOTIATION OR AUCTION IN COORDINATION WITH NOOKSACK, SUMAS AND EVERSON ' i Warner said this piece of property is shared by the indicated agencies as a result of the dissipation of townships in the 1930s. It amounts to 5.16 acres. Minutes, 9/21/89, Page 7 WARNER MOVED THAT THE RESOLUTION BE APPROVED. Motion carried. 2. SUBSTTTUTE ORDINANCE TO REVISE THE 1989 CURRENT EXPENSE FUND, NON - DEPARTMENTAL APPROPRIATION THEREIN FOR SEVERANCE PAYOUT Warner explained that when a County employee retires or becomes an elected official, they are entitled to this payout. The people in question are Barb Cory, Shirley Forslof and Keith Willnauer. The total, from the ending fund balance, is $28,000. WARNER MOVED THAT THE SUBSTITUTE ORDINANCE BE ADOPTED. Motion carried unanimously. 3. ORDINANCE TO REVISE THE 1989 CURRENT EXPENSE FUND, NON - DEPARTMENTAL APPROPRIATION FOR AUDIT COSTS Warner explained that Finance reviewed this ordinance and recommended approval. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 4. ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND SUPERIOR COURT, DISTRICT COURT AND NON - DEPARTMENT APPROPRIATIONS THEREIN FOR ADDITION OF COURT COMMISSIONER AND RELATED STAFF POSITIONS Warner said this provides for the hiring of a shared court commissioner for District and Superior courts. Finance recommended adoption. He said this is the first time in . the state that the two courts have shared a commissioner. Hansey asked when the staff would be hired. Warner said the commissioner had been selected, subject to the Council's approval, and that the name of the person selected would soon be announced. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. 5. ORDINANCE TO REVISE THE 1989 CURRENT EXPENSE AND PHYSICAL PLANT AND CAPITAL FACILITIES FUNDS FOR BUILDING IMPROVEMENTS Minutes, 9/21/89, Page 8 Warner said this provides for various remodels for the new court commissioner, a new sidewalk near the Sheriffs offices, and the sound system for the Council Chambers. Finance recommended approval. WARNER MOVED THAT THE ORDINANCE BE ADOPTED. Motion carried unanimously. ADDENDUM ITEM: 6. RESOLUTION TO ACCEPT A PARTIAL PAYMENT ON RID NO. 4 ASSESSMENT FOR BIRCH CREST ESTATES DIVISION NO. 1 TRACT A This resolution was considered and failed on July 20 and September 7. Jackson and Roehl requested that it be placed on the agenda for reconsideration. ROEHL MOVED THAT THE RESOLUTION BE APPROVED. Jackson said the resolution should be adopted in the spirit of intergovernmental cooperation. She said the County will lose money on it, but should accept the partial payment. Roehl said the Council should worry more about getting the property back on the tax rolls. Motion carried 4 -2, with Hansey and Vanderpol in opposition. OTHER BUSINESS 1. PETITION FOR DRAYTON HARBOR ROAD CLOSURE This item was kept in the Public Services Committee. 2. *RECEIPT OF APPEAL TO REVIEW A DECISION OF THE HEARING EXAMINER ON CU 23 -89 IN THE NAME OF ROBERT MUENSCHER FILED BY BERNIE HILGART This item was received; will remain on file pending receipt of the transcript and file from the Hearing Examiner's Office. ADDENDUM ITEM: 3. *RECEIPT OF PETITION FOR A CABLE FRANCHISE, FILED BY TELECOMM ASSOCIATES (DEMING AREA) (TO BE SENT TO PROSECUTOR FOR ORDINANCE PREPARATION; WILL BE INTRODUCED AND SCHEDULED FOR HEARING AT A LATER DATE) Received by consent. Minutes, 9/21/89, Page 9 INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *CONSENT ITEMS 1. RESOLUTION TO SET A HEARING ON SALE OF COUNTY TAX TITLE PROPERTY, REQUEST NO. 22 Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 2. RESOLUTION ORDERING THE SEGREGATION OF THE ASSESSMENT FOR R.I.D. NO. 8, SEGREGATION NO. 89 -2 (EXHIBITS IN COUNCIL OFFICE) 3. RESOLUTION ORDERING THE SEGREGATION OF THE ASSESSMENT FOR LRID NO. 9, SEGREGATION NO. 89 -2 (EXHIBITS IN COUNCIL OFFICE) 4. RESOLUTION ORDERING THE SEGREGATION OF THE ASSESSMENT FOR R.I.D. NO. 8, SEGREGATION NO. 89 -3 (EXHIBITS IN COUNCIL OFFICE) 5. RESOLUTION ORDERING THE SEGREGATION OF THE ASSESSMENT FOR LRID NO. 9, SEGREGATION NO. 89 -3 (EXHIBITS IN COUNCIL OFFICE) 6. RESOLUTION ORDERING THE SEGREGATION OF THE ASSESSMENT FOR R.I.D. NO. 8, SEGREGATION NO. 89 -4 (EXHIBITS IN COUNCIL OFFICE) 7. RESOLUTION ORDERING THE SEGREGATION OF THE ASSESSMENT FOR LRID NO. 9, SEGREGATION NO. 89 -4 (EXHIBITS IN COUNCIL OFFICE) Items 2 -7 should have been scheduled for Finance Committee's consideration; however, due to an error in the Council Office, they did not make it onto that agenda. The items were re- referred to that committee. ADDENDUM ITEM: 7A. RESOLUTION DESIGNATING THE COUNCIL OF GOVERNMENTS AS LEAD AGENCY IN THE DRAYTON HARBOR WATERSHED MANAGEMENT PLAN JACKSON MOVED THAT THE RESOLUTION BE APPROVED. Minutes, 9/21/89, Page 10 Motion carried. ADDENDUM ITEM: 7B. RESOLUTION AUTHORIZING BINDING ARBITRATION TO DETERMINE EQUITABLE DIVISION OF THE ASSETS OF THE WHATCOM COUNTY - BELLINGHAM PUBLIC HEALTH DISTRICT Warner reported that Finance recommended approval of this item. WARNER MOVED THAT THE ITEM BE APPROVED. Motion carried. 8. *RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE, REQUEST NO. 22 (SUGGESTED REFERRAL TO FINANCE) 9. *ORDINANCE REVISING THE 1989 COMBINED TREATMENT SERVICES FUND APPROPRIATION FOR PASS - THROUGH GRANTS FOR SUBSTANCE ABUSE (SUGGESTED REFERRAL TO FINANCE) 10. *ORDINANCE REVISING THE 1989 CURRENT EXPENSE FUND, NON - DEPARTMENTAL APPROPRIATION THEREIN FOR WHAT - COMM (911) SERVICES (SUGGESTED REFERRAL TO FINANCE) 11. *ORDINANCE REVISING THE 1989 PUBLIC HEALTH FUND APPROPRIATION FOR ADDITIONAL STAFF SUPPORT (SUGGESTED REFERRAL TO FINANCE) 12. *ORDINANCE REVISING THE 1989 PHYSICAL PLANT AND CAPITAL FACILITIES FUND APPROPRIATION TO COMPLETE THE COUNTY CLERK'S FILE SYSTEM (SUGGESTED REFERRAL TO FINANCE) 13. *ORDINANCE REVISING THE 1989 COUNTY SUPPLY FUND APPROPRIATION TO REPLACE COPIERS (SUGGESTED REFERRAL TO FINANCE) Items 8 -13 were introduced by consent and referred to the appropriate committees. 12EPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS STEWART MOUNTAIN: Jackson said the comments in open session made it obvious that it would be reasonable to know the specific site and size of the Stewart Mountain proposed location for the landfill. Minutes, 9/21/89, Page 11 JACKSON MOVED THAT THE COUNCIL ASK THE ADMINISTRATION TO RE -START SCOPING OF THE LANDFILL AFTER CLARIFICATION OF THE SITE AND SIZE OF SITE NO. 307C, THE STEWART MOUNTAIN SITE. Roehl said this sounded like a reasonable request. Warner said it was a common sense response to the comments made in open session. Vanderpol asked how the County could plan to lease something without having a legal description of the property. Jackson said the legal description provided does not match the map of the site. Roehl asked why SWAC didn't notice that the legal description in the options differed from the map of the site. Jackson said SWAC had not been provided with the legal options, and that she noticed the difference after they were given to her Monday. Hansey said he didn't think the Council should intervene any further. There was more discussion. Roehl restated Jackson's motion to read as follows: ROEHL REPHRASED THE MOTION TO SAY THE COUNCIL REQUESTS THE ADMINISTRATION TO DEFINE THE SPECIFIC LOCATION AND SIZE OF THE STEWART MOUNTAIN SITE AS EXPEDITIOUSLY AS POSSIBLE. There was discussion; it was stated by Roehl that if a substantial part of the scoping period has lapsed by the time the specific location and size of the site are available, the Council will request that the scoping period be extended. Motion carried. The meeting was adjourned at 9:25 p.m. ATTEST: Ramona Reeves, Council Clerk 01 WHATCOM COUNTY COUNCIL WHATCOM Rs,,, W SHINGTON nald G. Hhairman