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HomeMy WebLinkAboutSpecial Council March 9 1989WHATCOM COUNTY COUNCIL SPECIAL MEETING March 9, 1989 The meeting was called to order at 7 :05 p.m. by Chairman Don Hansey. The sound system was not working, so the tape may be unclear in spots. Other Council Members Present: Absent: Marvin Vanderpol None Corky Johnson Emily Jackson Will Roehl Dan Warner Tom Burton plulam"Mmimsi 1. SITING OF JUVENILE DETENTION FACILITY Hansey reported on the county's efforts to site a new Juvenile detention center in the downtown area during the past year; he noted that the Ellis Street location, the most recent one to be considered, was found to be unsuitable after the Council toured it recently. Warner said it would work but only as a makeshift facility. Girard Street should be investigated next, he said. WARNER MOVED THE COUNCIL ABANDON THE ELLiS STREET SITE, AND ENTER INTO NEGOTIATIONS WITH THE CITY FOR USE OF THE GIRARD STREET SITE. There was discussion about the Cordata site, and whether it still belongs to the county, and about other related issues. BURTON AMENDED WARNER'S MOTION, ASKING THAT IN THE EVENT THAT GIRARD STREET DOESN'T WORK, THE COUNCIL SHOULD NEXT INVESTIGATE THE CORDATA SITE. There was further discussion. Johnson said he still favors the use of the Bakerview land. Warner pointed out that the Bakerview land could be sold if the county wanted to, whereas the Cordata site could not; that is why Cordata would be the best choice for building a Juvenile detention center, he said. Hansey said he would restate the motion, changing it to reflect what he understood to be the consensus of the Council, as follows: TO DEFER FURTHER CONSIDERATION OF THE ELLIS STREET SiTE AND TO PROCEED WITH THE ALTERNATIVE SITE AS PREVIOUSLY APPROVED, NAMELY GIRARD STREET FOLLOWED BY THE CORDATA SITE. Hansey said the intent is that the county will follow through with its commitment to the Girard Street site, unless it is mutually agreed upon by the city and the county that Girard Street won't work. Warner said he had no COTW Minutes, 3/9/89, Page 2 objection to Hansey's restatement of the motion. There was some discussion. Motion carried. ADJOURNMENT The meeting was adjourned at 7 :25 p.m., and then the Council went into its Committee of the Whole meeting. COMMITTEE OF THE WHOLE Thursday, March 9, 1989 The meeting was called to order at 7 :25 p.m. 1. REPORT ON NUCLEAR FREE ZONE (PUBLIC COMMENT; REVIEW BY RANDY WATTS) - 15 MINUTES (SEE PACKET OF INFO, ATTACHED) Hansey asked Watts for a status report. Watts reported that the nuclear free zone initiative was qualified by the Auditor in June of 1984 and then passed in November of 1984, but hasn't been codified. When passed by the voters, it did become an ordinance; it has been "on the books" but not codified, and the signs that were to be posted at the entrances to Whatcom County have not been put up. Initiatives are not subject to repeal or amendment for two years, and this one has been in effect for four years, he said. Vanderpol asked what how significant it is that the initiative was never codified; Watts said it should be in the Code, because it is easier to find and for reference purposes. He also noted that the ordinance has no effect within city limits. Burton said Blaine had adopted its own nuclear free zone ordinance. Jackson said she would like to move to have it codified. Hansey said since it was an oversight, it could be corrected without a motion. He then opened the meeting to public comment. Glen Merrill Member of Citizens for a Nuclear Free Whatcom County: Asked if Fourth Corner Development, the Chamber of Commerce and Team Whatcom should get a copy of the ordinance. Signs also should be posted, and he asked the council for Its assistance in getting this done. Barbara Brenner Asked for clarification of why this does not apply to property within city limits; didn't everyone in Whatcom County have the chance to vote on it, she asked? Warner said cities have to pass their own ordinances in order for this to take effect. Hansey said it is an intriguing question, because a county initiative affecting land within the city limits could be passed, but it would have no jurisdiction. Vanderpol asked if any ordinances similar to this one have been passed /tested in court. COTW Minutes, 3/9/89, Page 3 Lisa Neulicht (no address) Said she couldn't give specifics, but such laws have been tested. Court decisions have gone both ways. Rodney Lund Said council should talk with pro - development groups about its ordinance, so they know that it is in effect. Jackson said at the next printing, all planning maps will note that Whatcom County is a nuclear free zone. There was discussion among Council members about pursuing the issue of having signs posted. It was agreed that Public Services Committee would discuss it. 2. REPORT ON PLANNING DEPARTMENT WORKLOAD (PAPERS RECEIVED AT 3/2 MEETING) (DAN TAYLOR, EXECUTIVE) - 45 MINUTES Van Zanten noted that Council had received a memo from Planning Director Dan Taylor at its last meeting; the memo (on file, under "Planning ") included a narrative, graph and work plan for his department. She said Taylor's department has been steadily bogged down by various projects. If staffing remains at present levels, the Council needs to prioritize the projects, and some may need to dropped. If projects are to continue at their present levels, one staff person should be added. Taylor said he would like the Committee of the Whole to recommend some action to the full Council. Planning comes out two to three people short when the amount of hours needed to complete projects are compared to the amount of man -hours available, he said. It would help to have a planning technician added as a temporary this year; he would lobby to keep that person at budget time, he noted. Some of the projects Planning is working on and related discussion follow: Lake Whatcom Watershed: Planning has been charged with making the grant application for the LWW committee; it is taking lots of time and is getting close to being overdue. Once grant money is received, who will administer it? There will lots of paperwork. Direction from Council to the Executive on this matter would be helpful. Groundwater Study: Council of Governments made a preliminary application for this study (which would include the communities of Lynden, Nooksack, Sumas and Everson). COG can't follow it through because it is in a period of transition and has been without a director for several months. The study will take about two years. Application for grant money should be in by April in order to do some preliminary work with state Department of Ecology in the summer, and to start in the fall. Total study cost is $420,000, with local match of $120,000 ($75 to $80,000 of which should be in cash). Planning will get part time staff and a computer if it agrees to be the lead agency. Which of these options does the Council want: (1) To have Planning and the county take the lead on this project; (2) To pursue the lead with qualifications (county applies for grant but only contributes in -kind, not cash); (3) No participation. There was discussion at this point. COTW Minutes, 3/9/89, Page 4 JOHNSON MOVED THAT THE COUNCIL HAVE THE ADMINISTRATION ASK THE CITY OF BELLINGHAM TO TAKE THE LEAD IN THE LAKE WHATCOM WATERSHED PROJECTS [after the county makes application for the grant], AND AUTHORIZE THE COUNTY TO TAKE THE LEAD IN THE GROUNDWATER STUDY. Warner asked where the $80,000 matching money would come from; Taylor said Lynden may be able to put up most of the money. There was discussion, and it was noted that the groundwater study would show the county how critical the groundwater situation is, would create a management plan, and would help work toward a solution if it is found that farmers are a part of the pollution problem. The county won't know where to dig a well, but will know what to expect when one is dug. Warner asked what won't get done if the county is the lead in the groundwater study. Taylor responded that time spent on the grant, particularly by Diane Harper, would hurt and create the need for intensive work. In the fall of 1989 or early 1990, however, things will get worse. The following projects are on the horizon: Re -doing the urban fringe comprehensive plan; Drayton Harbor study; subarea plan for the Lummi Reservation; Wetlands projects; Lake Whatcom Watershed. Hansey asked if some projects should have been assigned to Buildings and Codes; Taylor said Buildings and Codes does current planning and is very busy, and needs help, too. Planning takes care of long -term planning and has more lenient deadlines. There was more discussion. Warner said asked Burton if Planning and Development could take up the matter of prioritizing work and /or increasing staff for Planning, if Johnson's motion carried; Burton said it would be done. Motion carried. Burton asked that the administration draft an ordinance in order to fund an additional planning technician, and that the ordinance be referred to both Finance and Planning and Development committees for review. Taylor noted that even though the grant applications will be made, the question of what the county will contribute to the groundwater study is still up in the air. There was a break in the meeting from 8:35 to 8 :45. 3. CLARIFICATION OF PROCEDURES FOR DEVELOPING A SOLID WASTE MANAGEMENT PLAN - 30 MINUTES (SEE PACKET OF INFO, ATTACHED; SEPARATED FROM OTHER INFO BY PINK SHEET) Warner noted that there were some typos in the resolution (corrected on the original). He said the resolution was merely a recapitulation of policy, not a new policy, that it is not a gag order intended for council members, and that it merely clarifies the Solid Waste Advisory Committee's (SWAC) role. Hansey noted that the resolution was put forth for discussion purposes only, and will be acted upon at the 3/16 meeting. Jackson said it looked like a regurgitation of an issue that has COTW Minutes, 3/9/89, Page 5 bothered a couple of members of the Council; she said she had asked earlier that the Council clarify the role of the SWAC, and thought she was acting in line with that clarification of a few months ago. The SWAC has not tried to write its own plan, and she said the resolution seems to be an attempt to keep her from speaking out on solid waste issues. She said it may have been more effective for the council to buy a roll of duct tape. She said she would not support the resolution. Warner said the Council's official position on an issue is always spoken by the chairman, but that doesn't mean individual Council members must remain silent on the issue. Jackson said the resolution itself should be classified as solid waste. 4. DISCUSSION OF ORDINANCE CREATING HEALTH DEPARTMENT RULES AND REGULATIONS (COPIES OF 62 -PAGE DOCUMENT DISTRIBUTED 3/6; SCHEDULED FOR PUBLIC HEARING /CONSIDERATION 3/16) - 30 MINUTES Discussion began at 9 p.m. Dr. Phillip Jones, Health Officer, noted that many portions of this draft ordinance are not in keeping with the intent of home rule government; the separation of the Executive and Legislative branches has not been followed. He noted several other problems with the ordinance drafted by the Prosecutor's Office. He suggested that a work session with the Prosecutor responsible and some Council members be set up in order to do heavy editing of the document. it was agreed that such a meeting would be set up. 5. OTHER BUSINESS Peggy Ball Report on Mental Health Bill: Ball reported to the Council that there were three bills in the Legislature dealing with the need for reorganization of the Division of Mental Health, and that only one survives: Senate Bill 5400, the Niemi Bill. The Bill will be the subject of a hearing before the Senate Ways and Means Committee in Olympia next week; she asked that the Council voice its support of the legislation in a letter or by personally testifying. If approved, Whatcom County would be used as a model for a part of the new mental health system. Vanderpol said he would try to testify at the hearing in Olympia (For more information, see the letter and speech prepared for Mary Vanderpol on file under "Social Services "). The meeting adjourned at 9 :25 p.m. ATTEST: Ramona Reeves, Councll Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY;- IN TON qI Da G. H se , Chairman