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HomeMy WebLinkAboutSpecial Committee of the Whole May 11 1989WHATCOM COUNTY COUNCIL SPECIAL COMMITTEE OF THE WHOLE May 11, 1989 The meeting was called to order at 6 :30 p.m. by Council Chairman Don Hansey in the Council Conference Room. Other Council Members Present: Absent: Tom Burton Corky Johnson Emily Jackson Will Roehl Dan Warner Mary Vanderpol ATTORNEY BRIEFING REGARDING THE APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE N0, A.A. 3 -89, SYLVIA SCHONBERG, ET AL (SEACLIFFE DEVELOPMENT IN POINT ROBERTS) The meeting took place in Executive session, pursuant to RCW 42.30.140 (2). It was adjourned shortly before 7 :20 p.m. - - - - - - - - - - - - - - WHATCOM COUNTY COUNCIL SPECI AL- MEETING May 11, 1989 The meeting was called to order at 7 :20 p.m. by Hansey In the Council Chambers; the same attendance list as the above meeting applied. Hansey apologized for the late meeting start. He asked if there were objections to moving the Seacliffe appeal to the start of the agenda. There were none. OTHER BUSINESS: 3. 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) ROEHL MOVED THAT THE COUNCIL MAKE NO DECISION ON THE APPEAL, AND THAT IT ENGAGE OUTSIDE COUNSEL BECAUSE OF THE APPEARANCE OF A CONFLICT OF INTEREST ON THE PART OF THE PROSECUTOR'S OFFICE, PROVIDED THAT THE APPELLANT AND THE OPPONENT AGREE TO ANY EXTENSION OF TIME REQUIRED. Hansey asked if the appellant or the opponent had objections to an extension of time. They indicated that it would not be a problem (Stafford Smith, attorney for Schonberg, indicated this verbally; appellant indicated consent with wave of hand). Minutes, 5/11/89, Page 2 Motion carried unanimously. Hansey said this is an unusual circumstance. Roehl said if there is a time crunch, the Council will try to retain counsel and bring it forward for a decision as soon as possible. FINAL CONSIDERATION 1. ORDINANCE FACILITATING THE UPDATE OF WHATCOM COUNTYtS COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN ... AND AUTHORiZING THE EXECUTION OF INTERLOCAL AGREEMENTS NECESSARY FOR THE PREPARATION AND IMPLEMENTATION OF THE PLAN (ALREADY RECtD, ON FILE) Executive Shirley Van Zanten presented a revised draft of this ordinance. She said she'd met with all the cities, except for Blaine, and had a good, thorough discussion with them; some of the concerns voiced at that meeting were addressed in the revised ordinance. She said Lorna Gemmell (Ferndale), Matt Lagerwey and Phil Multop (both of Everson) were present at this meeting. She proceeded to detail changes made to the ordinance and the interlocal agreement, and said a letter of intent will be issued to each city showing the County's good faith. She said she wanted the cities to feel they are a meaningful part of the final decision. An executive committee, including the mayor of each city or his /her designee, wilt make recommendations about the management of the plan. Gemmell, who is representing the small cities in place of Gary Gibbons through the Council of Governments, said the cities will be giving up some powers when the agreement is signed. The executive committee is purely advisory, and she would appreciate having the letter of intent to make sure the committee still is in force in the future. The proposed interlocal agreement is a viable one; she said she felt there was a consensus among small cities to support it. Bellingham Mayor Tim Douglas said the only concern yet unresolved was whether incinerator ash must go to Cedarville. The Executive has been very responsive to other issues. Van Zanten said the ash issue is not addressed in the interlocal agreement because the Department of Ecology has not yet defined fly ash and its dangers; therefore it is not clear what should be done with ash. Warner (temporarily acting as chairman) said he would entertain a motion to approve the ordinance and the contents of the interlocal agreement. ROEHL MOVED TO ADOPT THE ORDINANCE AND THE ATTACHED INTERLOCAL AGREEMENT. Jackson asked for clarification on the incinerator ash issue. Van Zanten said whatever is in the interlocal agreement must be acceptable to the cities, and because the ash issue is unresolved it was left out. Motion carried 5 -1, with Jackson opposed and Hansey absent. Minutes, 5/11/89, Page 3 OTHER BUSINESS 1. PRESENTATION OF SKETCHES OF PROPOSED JUVENILE DETENTION FACILITIES BUILDING BY ADMINISTRATIVE STAFF Hansey said there have been developments since this item was scheduled, and he would like to announce that a letter of understanding had been signed by all the City Council members and six of the County Council members. He asked City Council Chairman Foster Rose to join him. Hansey read the letter of understanding (on file, under Law Enforcement /Juvenile Detention), which would provide for the City to vacate Central Avenue, freeing up space on which to build juvenile detention facilities next to the adult jail and the Courthouse. Rose said he appreciated the County's cooperation, said the agreement would not have come as such a surprise to everyone had the traditional disagreements between city and county government not been so well known. He said the location would be good for the County and good for downtown. Warner commended Rose and Hansey, although he wondered if the traffic being cut off at Central Avenue might be a problem. Rose said city Public Works is not particularly happy with traffic flow of Central, fire lanes won't be a problem. Marlin Hansen, County Public Works, posted pictures on a bulletin board that depicted Central Avenue and the parking lot next to the Courthouse. Bill Geyer, City Public Works said the vacation would add 235,000 square feet of building space for the County's campus needs. Hansey said the City's agreeing to vacate Central Avenue was key to the whole deal. Roehl thanked Hansey and Rose for putting the deal together. Jackson said it was a good way to respond to the Lettered Street residents, who incidentally did a good job of making their concerns known to officials on both sides of the street. 3. DISCUSSION OF PROCEDURE TO BE FOLLOWED IN THE "OPEN SESSION" PORTION OF THE AGENDA There was no discussion on this item. The meeting was adjourned at about 9 p.m. ATTEST: Ramona Reeves, Council Clerk WHATCOM COUNTY NCIL MHATCOM COUNTY, SHI G,1 a I d G: Hangevl. Clib i rman v