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Home My WebLink AboutCounty Council August 4 1988WHATCOM COUNTY COUNCIL August 4, 1988 The meeting was called to order at 7:07 p.m. by Council Chairman Will Roehl with Council members Corky Johnson, Tom Burton, Don Hansey, Emily Jackson, Dan Warner and Mary Vanderpol present. REA121JIG AD APPROVAL OF THE INUM The minutes of the July 21, 1988 meeting and the July 14, 1988 Committee of the Whole meeting were approved. EXE.CUTI.VE...I.TEMS EXF UTIVE.I S R .POR. Executive Shirley Van Zanten was not present. Budget Director Tom Sutberry presented a progress report of the one -year road improvement program. PUBLIC HEARINGS RRSOLU L R A N F. The hearing was opened. There was no testimony. The hearing was closed. Warner reported that the Finance Committee recommended approval. WARNER MOVED TO APPROVE THE RESOLUTION. Motion carried. :. Oil • • ra • 2. • • . i ] • 1 , _ • • • • The hearing was opened. Five people testified as follows: Phil Serka 400 North Commercial Serka represented Mr. and Mrs. Ken Coombs and Mr. and Mrs. Jack Graham. Said information in Council packet was incomplete, said that Planning Commission made its recommendation before the public hearing took place (later he was found to have erred, and was actually referring to the Planning and Development Committee of the Council). Said this ordinance was solely for private gain, served no public purpose. Jim Julius Point Roberts Said if the ordinance passed it would be premature, Council Minutes, 8/4/88 Page 2 arbitrary, unnecessary. Doesn't want Point Roberts to become a Tiajuana North with intensive, cheaply done strip development. Gordon Nielson Point Roberts His is the application in question. Showed pictures of what plans to build, and indicated intensive landscaping plans. Said he has letters from 117 customers who support his venture. (Submitted picture, customer letters /petition) Alison Barkley Member, Maple Beach Property Association Spoke in favor of the ordinance. Brad Salter 429 Marine Drive, Point Roberts Nielson's business would "open the floodgate" to other businesses, spoke against the ordinance. Diane Harper Planning Department Asked that if Council approves the ordinance, it be amended to place an additional 30 -foot setback to allow more options for engineers when designing roads in the future. The public hearing was closed. Hansey corrected Serka's reference to the Planning Commission, then said the Planning and Development Committee had recommended the adoption of this ordinance. Burton, the committee chairman, also spoke to Serka's comments, holding up a thick packet of information the Council has received since the start of this issue. BURTON MOVED TO ADOPT THE ORDINANCE. Jackson responded to some of Serka's charges. Vanderpol reminded Burton of Harper's request. VANDERPOL MOVED TO AMEND BURTON'S MOTION, ADDING THAT THE 30 -FOOT SETBACK REQUESTED BY PLANNING BY INCORPORATED INTO THE ORDINANCE. Harper was asked to explain her request, and said that the 30 feet would be in addition to an existing requirement for a 25- foot setback. Hansey objected to the Planning Department's eleventh -hour recommendation, since they had the matter before them for quite some time. Council Minutes, 8/4/88 Page 3 Vanderpol said he hadn't realized his motion would create a 55 -foot setback for the Nielson project. VANDERPOL WITHDREW HIS MOTION. Warner said design and landscape restrictions need to be identified in the ordinance. WARNER MOVED TO AMEND THE ORDINANCE, ADDING THE FOLLOWING: THIS ORDINANCE MAY BE AMENDED BY BUILDING DESIGN AND LANDSCAPE REQUIREMENTS AS MAY BE ADOPTED BY THE COUNCIL. The motion failed. A roll -call vote was taken of the original motion. The motion carried unanimously. M V C G.QD.E The hearing was opened. There was no testimony. Johnson reported that the Public Services Committee had received a letter from Undersheriff Doug Gill asking for further review of the matter. The public hearing was continued to the next meeting. H NG CON IR OL, ON L F J. The public hearing was opened. One person testified as follows: Susan Van Cuse Whatcom Community College Testified against the ordinance. The public hearing was closed. Johnson reported that the Public Services Committee recommended approval of the ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE. There was some discussion by Jackson and Johnson. The motion carried, with Jackson's the only negative vote. Council Minutes, 8/4/88 Page 4 Colleen Smith 5517 Knight Road Represented citizens near Cedarville dump, asked for a progress report on siting a new landfill. (Council members responded). John Leibrant Cedarville Road Complained that gasses, possibly caused by Cedarville landfill, are causing him to be nauseous and break out in rashes. Is living in his recreational vehicle near his home, rather than in the gaseous atmosphere of his home. Dave Bader has been out to test the air, but found nothing. Complained about equipment and competence of test. Warner said he would inquire as to the delay /quality of testing. Barbara Brenner Ferndale Bob Jurica has no expertise in environmental or ecological issues; the Solid Waste Advisory Committee deserves more of a "say" in Council matters; SWAC also should work with the Health Board; complained that Robert Moore of the Health Board is flippant; health board disputes expert testimony too often; three counties have begun work on banning infectious waste. •.. • Warner reported that the Finance Committee recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 01RER , B1USIX.E$S —,(!. C-onsgn.t. cros ) There was lengthy discussion of this matter. Council Minutes, 8/4/88 Page 5 WARNER MOVED THAT TO AUTHORIZE THE EXECUTIVE TO ENTER INTO THE AGREEMENT. The motion carried, 4 -3. Hansey asked that his negative vote be recorded. There was some discussion of the sample resolution Van Zanten had submitted for review and possible passage by the next Council meeting. It was referred to Finance. 0 0 CQMMI.TTEE Johnson said that Paul Rushing had requested a postponement of this issue. Burton said Rushing had not attended the Planning and Development Committee, where this issue had been discussed at length, and that he had not made his desires known to the committee. Burton said that research has shown that the Solid Waste Advisory Committee has a very well - defined role and are to be included in all aspects of solid waste planning, according to state and county laws. They have no veto power, are simply advisory. JACKSON MOVED THAT THE COUNCIL REAFFIRM THE STATEMENTS IN THE RCWs AND WHATCOM COUNTY CODE REGARDING THE SOLID WASTE ADVISORY COMMITTEE. No vote was taken. Burton asked that Rushing be sent a copy of the Planning and Development Committee minutes, and that he be told the discussion would be continued at the next Council meeting. D..1a_CU,aS.I.ON_ Of... INFORMATI.QN..., SUBMITTED, ..BY, THE - ADMINISTRATION V D V L N R C N Burton said the Planning and Development Committee recommended postponing this discussion. * ..0 MARQUIS This item was introduced by consent. A hearing is to be scheduled and it will be referred to Public Services. Council Minutes, 8/4/88 Page 6 1 Introduced by consent. Hearing to be scheduled. Referr z to Planning and Development Committee. *,QRJJINAACE.,.AM,ENDJNQ- -THE,... TEXT - -OF- TITLE.. 2Q-,-.THE..QF-E.IC-TAL. WHAT-CO. 1 •N Introduced by consent. Referred to Planning and Development • • .1 . . 1 1- i. _. 1 1_ H _ • • • 1 .i • • _ • _ Introduced by consent. Referred to Public Services. Introduced by consent. Hearing to be scheduled. Referred to Finance Committee. MEMO Introduced by consent. Referred to Planning and Development Committee. P. HEALTH BOARD SUPPLEMENTAL BUDGET Burton said Bellingham City Council has authorized payment of its portion of attorney fees incurred by the Health Board, asked why the Council has not acted on paying their portion, $8,000. Roehl asked that the request be placed on the agenda for the next meeting. Burton wanted to discuss it immediately. Was it appropriate for the Finance Committee to just not bring something forward? Hansey said normally Van Zanten would draft the ordinance requesting a supplemental budget, but that she had not forwarded one. The Health Department has a surplus of $25,000 expected for Council Minutes, 8/4/88 Page 7 the end of the year. The attorney fees should be paid out of that amount, he said. Burton requested that the staff draft an ordinance. Roehl said a committee is entitled to sit on an issue, but that the Council could bring it forward anyway. Jackson said she wanted it brought forward as an ordinance, as well. Staff was instructed to work with Sutberry and Randy Watts to create an ordinance. The meeting was adjourned at 9:45 p.m. ATTEST: L �� 'J Ramona Reeves Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl, Chairman