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HomeMy WebLinkAboutCounty Council December 15 1988WHATCOM COUNTY COUNCIL December 15, 1988 The meeting was called to order at 7 p.m. by Councilman Will Roehl, with all Council members present. Minutes of the 11/22 and 12/1 meetings were approved as presented. Note: For unknown reasons, a portion of the meeting (part of the hearing examiner decision portion and the board nominations) is missing from the middle of the meeting tape. EXECUTIVE ITEMS Bid award recommendation for five mid -size four -door sedans to the low bidder. Bellingham Chrysler Center for five Dodge Aries sedans at $9.862.35 each, with a rebate Request for approval to purchase four new Sheriff patrol cars through the Office of State Procurement Contract No. 21513-88 at a price of $13.974.11 per car Bid award recommendation for the construction of Smith Creek Bridge to the low bidder. One -Way Construction, Inc. of Sedro - Woolley in the amount of $138.720.95, including taxes Bid award recommendation for improvements to the Jail basement for the Sheriff's offices. to the lowest bidder. Huizenga Brothers Construction. Inc.. for 579.694.40 For each of the above items, Warner reported that Finance Committee recommended approval to the full Council, and then moved that each be approved by the Council. Each motion carried. Request for authorization to sian an agreement 1 Denise Georae-Brennan, Lauahlan H. Clark, Richard Baum, Michael D. Walker, Mark A Boyson, Michael B. Bobbink and Patricia Woodall for performing all Guardian Ad Litem duties in the Juvenile Court 0 • - • 1 • • 1 • • 1 1 • • ' ' II 0 1 1 � 1 Il p 0 1 . • 11 1•' 1 •11 •II 4• l0 1 1•' :•�� 1. MRS.". 1,1111.1,11Z111 1 • •1 - 1 • Warner reported that Finance had reservations about recommending approval of the above two items, due to an ongoing dispute between the County and the State over who is responsible for providing these services. N.F. Jackson drafted new language for Council's consideration that provides for the state to reimburse the County for these services if the issue is resolved in the County's favor. WARNER MOVED APPROVAL OF BOTH ITEMS. Motions carried. Minutes 12/15/88, Page 2 11fireTT • 1• •1 • of - -N .@ -qU-1 .o•• i • • 1- . 9• • . j 1 1.01 - .1 Earlier the Council had approved the concept of having such a comprehensive plan done. Warner reported that Finance recommended approval. WARNER MOVED APPROVAL OF THE ITEM. Motion carried. Van Zanten presented a one -year progress report on the county road program and a written update of the activities surrounding Cedarville (both documents are on file). Bob Jurica, Solid Waste Manager, noted that new water tests being done reveal that the regional aquifer under Cedarville may not flow toward the Nooksack River, as had been thought. He will report any new findings. Jurica noted that Phenol gasses would be tested for at the landfill, and in the area near John Liebrant's home. Blood tests show that Liebrant has Phenol in his system. PUBLIC HEARINGS Resolution to sell property acquired by county on tax foreclosure, request no. 3 The hearing was opened, no one spoke, it was closed. Warner reported that Finance recommended approval. WARNER MOVED THE RESOLUTION BE APPROVED. Motion carried. OPEN SESSION John Liebrant Henry Street, Bellingham Recommended that testing for Phenol be done on a low- pressure day. Asked about status of tests. He noted that a pond in the gravel pit near Cedarville was not frozen over at 21 degrees fahrenheit; this proves there is something nasty in the water, he said. Jurica said Liebrant will be notified when Phenol tests are being taken at the site. Barbara Brenner 5617 Northwest Road 411 Distributed copies of an article about people who get e,r, because they have an intense fear of getting cancer from a landfiil area, fbr example. She questioned the value of tests run on Liebrant at the County's expense. Distributed copy of letter to Bert Brainard of the Health Department, from the state Department of Social and Health Services (DSHS). it talked about possible hazards caused by incinerators, and listed ways in which counties can get grant money to study possible hazards. She asked if health board had received a copy; none of the health board members on the Council had seen it. FLk yet /e'er Minutes, 12/15/88, Page 3 Ted Smith 911 Key Street Talked about the need for responsiveness by the Health Board, said the County needs to gear up to protect its environment before something bad happens. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES • •1 -0 1! 1- 1 •1 • 1 • 11 11 • 11 11 1 • 1 = 1 - : 1 • 1 • .--1 k 11:141 1 1-4 •1 1-1 -T. Revisions added the chairman of the Council Public Services Committee to the What -Comm Board, and the Bellingham Police Chief. Warner reported that Finance recommended approval. WARNER MOVED THE RESOLUTION BE APPROVED, WITH REVISIONS. Motion carried. Ordinance to revise the 1988 Northwest Washington Fair Fund Appropriation (will be distributed during Finance) Copies were distributed at the Council meeting. Warner reported that Finance recommended adoption. WARNER MOVED ADOPTION OF THE ORDINANCE. Motion carried unanimously. Ordinance establishing service fees and setting a fee schedule relating to ambulance service charges Fees have been revised to cover rising costs, Warner said, adding that Finance recommended adoption. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. Ordinance amending the text of the official Whatcom County zoning ordinance and the interim zoning ordinance to provide a permit revocation procedure for permits issued by the hearing_ examiner Jackson reported that Planning and Development did not bring forward a recommendation. Planning Director Dan Taylor said there is no mechanism now for the hearing examiner to withdraw his conditional use permits if conditions are not met. To enforce them now, violations are sent through the courts where they receive a low or no priority. This change would allow the hearing examiner to set a hearing to discuss the violations and see if a person is in compliance, then gives the H.E. power to revoke the permit if the permit - holder is not in compliance. BURTON MOVED THE ORDINANCE BE ADOPTED. He said he supported it, that it gives the county some teeth in enforcing its regulations. An unidentified man in the audience (later referred to by someone as Mr. Frost) said he wanted the Council to hear him speak before they pass the ordinance. Roehl said the man had a chance to speak during open session, and Minutes, 12/15/88, Page 4 added that he was familiar with his complaint; It did not relate to the issue before the Council. Another unidentified man in the audience, possibly a Mr. Allred, commented that he favored the ordinance. Roehl explained the ordinance, after having to again cut off Mr. Frost's comments. The ordinance was adopted by unanimous vote. The meeting was recessed from 8 p.m. to 8:07 p.m. OTHER BUSINESS ( *Consent Items) Prgsgotat loo Ly BpjlInahaM Community Recycling Carol Rondello of Bellingham Community Recycling presented slides that showed what items can be recycled, and what activities the organization has carried out in the past year. She said for recycling to work, it must be made easy; it won't work if it's easier for someone to dump all their garbage into one spot. Noted that some attempts are being made at recycling plastics, but that the system is yet to be perfected. Her presentation was informative and well- received by Council and the audience. Anneal of Hearing Examiner's decision to grant a conditional use permit to Evert Velthulzen for surface mining (file no. 30 -88) Council was briefed by its attorney in executive session prior to the regular meeting. There was no discussion, save for a brief review of the restrictions under which the Council operates in this situation (under Title 20). The hearing examiner had ruled in favor of Velthuizen's permit; the decision was being appealed. WARNER MOVED TO AFFIRM THE HEARING EXAMINER. Motion carried. Anneal of Hearing Examiner's decision to deny a conditional use ep rmit application by Morris Piha Partnership to build a neighborhood grocery store and gas station (file no. 33 -88) Council was briefed by its attorney in executive session prior to the meeting. Roehi declined to participate in the decision due to comments he had made about such development in the past. He left the room and Hansey took over as chairman. WARNER MOVED TO AFFIRM THE HEARING EXAMINER'S DECISION TO DENY A CONDITIONAL USE PERMIT TO BUILD A NEIGHBORHOOD GROCERY STORE AND GAS STATION. Motion carried. Appeal of Hearing Examiner's decision recar ioa KNTR Radio (wag Cemanded for examination of two issues) Roehl resumed his position as chairman. Warner explained that people had been concerned about KNTR expanding its wattage, thus requiring a new radio tower, because of interference with electronic equipment. The county Minutes, 12/15/88, Page 5 can not regulate on the basis of "blanket interference," since that is the Federal Communication Commission's (FCC) responsibility. WARNER MOVED THAT THE PERMIT BE GRANTED BUT THAT KNTR BE REQUIRED TO COMPLY WITH ALL FEDERAL REGULATIONS, AS INDICATED BY HEARING EXAMINER IN HIS DECISION ON REMAND. Roehl said it was frustrating, but that the Council has no authority to interfere in this matter. Johnson reiterated that conditions could be placed upon the permit. He asked who citizens would complain to if there still is interference. Warner said the FCC would be the appropriate agency to handle interference; if there is a zoning issue at hand, the Council would be responsible. Motion carried, and the Hearing Examiner's decision was overturned. �9 (1 1•, • sittRilMe C•. Gerben DeBoer and Barbara Ford had submitted the appropriate petitions (DeBoer lacked some signatures, but Council members in his district signed for those spots so he would meet the requirements). The pair, already serving on the board, were the only people interested in the vacant positions, which were advertised by the weed board as required by law. Nominations were made but were left open until the next Council meeting, when final action will be taken. RUTWIM111111M. 3reTiNcolar-IL911F. m.,-- in, Birch Bay Mint Market, 7630 Birch Bay Drive, Blaine, WA 98230 Johnson reported that this item, which had been resubmitted with appropriate signatures (after its initial denial two weeks ago), received a "do pass" recommendation from Public Services Committee. JOHNSON MOVED THAT THIS ITEM BE APPROVED. Motion carried. •1 -11 1! •III, •, •c - - o. . •.11 1! .1. 1= _ ..n-1 Mill •1 ,1 See Board and Commission files in Council Office for full list of applicants; there were 17 for the unexpired District 1 position and eight applicants for the two District 2 positions. Roehl said nominations could be taken from the floor that evening if the Council so desired, that Council members may nominate people from within their districts. There was discussion as to whether advertising the vacancies is necessary, and whether applications are required for someone to be considered. Warner suggested this procedure be more clearly written so it could be more easily resolved next time. Nominations were made as follows: (continued on next page) (Plan. Com. nominations:) District 1 Glen Hallman (DH) Jeff Margolis (DW) Shelley Weisberg (DW) Doug Campbell (TB) Tanna DeVischer (DH) John Shlntaffer (DH) District 2 Norm Shearer Forestine Smith Don Olson Howard Fleck Ward Nelson Tim McHugh Dave Ernst Roger Almskaar HANSEY MOVED THAT THE NOMINATIONS BE CLOSED. Motion carried. Minutes, 12/15/88, Page 6 - -all 8 nom. by CJ Council noted that none of the board and commission vacancies will be reviewed by committees. "Campaign speeches" for nominees may be made at the Jan. 5 meeting. l•II 1- •1 •11 • .. • � •11 1• -1 - • 1 t- •N u 11 • ■ • . 1111P MEMO Van Zanten said It was her understanding that she made appointments to this board, and that she had not been aware of this opening. Roehl said the nominations would be left open until the matter was cleared up. (Note: Council Clerk and Van Zanten found, after researching the matter, that one vacancy is to be filled by the city of Bellingham and the other by the County Council. Records had been unclear.) There will not be a committee referral. Off mie •1 •1 to 0 - Ws ROOM. sm. a•1 .c I -. . -1/ 1! If Ic o •.II "1 •1111 - . • • •1 .1 Council noted that two members wished to be reappointed to the board, but that there were no applicants to fill the third vacancy. Nominations were left open until the Jan. 5 meeting, at Hansey's suggestion. j- - • 1. 10 . • - uwyn. M. 3r*TNWRl97-=r_WUn, •1 .1 .1.. • 1 M- sliI MMN 1. One TMUMIM Van Zanten, who had been vacationing for the past few weeks, requested this item be placed on the agenda; when she discovered that Council accepted the criteria at a previous meeting, she withdrew the item from the agenda. .1 . •11 M-mr. •1 I M .1111111 •II Johnson said that after consulting with Council's attorney, he decided to withdraw his motion to pay Liebrant's rent. The Council could not control Liebrant's movements and without proof of contamination of Liebrant's Minutes, 12/15/88, Page 7 property, the Council could not Justify paying the man's rent, Johnson said. JOHNSON ASKED THAT HIS MOTION FROM THE 12/8 COMMITTEE OF THE WHOLE MEETING BE TABLED INDEFINITELY. INTRODUCTION OF RESOLUTIONS AND ORDINANCES (Consent Items) 0. . 1re1 • Johnson said Public Services recommended approval of this resolution, but he also wanted Council to discuss the possibility of Personnel Director Harold Raymond conducting this study rather than contracting for the service. Vanderpol said Raymond would be capable of compiling data for this study, using information already gathered by the Washington State Association of Counties. Van Zanten said the entire study really should be contracted out because it would take hundreds of hours to complete. Not only would salaries of our workers be compared with those in other counties, but with private industry salaries as well, she said. JOHNSON MOVED THE RESOLUTION BE APPROVED. Motion carried. Roehl noted that Liebrant had indicated an interest in speaking prior to consideration of this resolution, and he asked him to step up to the microphone and address the Council. Liebrant said he wished for the medical assessment to be withheld from the public. And since the Council will not pay his rent, he requested a round -table discussion with the Council about his situation. Roehl said he did not know if that would be appropriate. He said the Council is doing all it can to find a solution to Liebrant's problems, but that so far a direct connection with the dump had not been found. For example, the high content of Phenol in Liebrant's blood stream is puzzling because Phenol typically is not found in a landfill. Liebrant charged that the Council does not listen to him, and that it is about time for this matter to go to Court. Warner reported that Finance recommended approval of the resolution. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. Warner reported that Finance recommended approval of the resolution. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. Minutes, 12/15/88, Page 8 Emergency ordinance to revise the 1988 County Supply Fund appropriation Warner reported that Finance recommended approval of the emergency ordinance, which is needed to cover end -of- the -year supply purchases that have exceeded estimates. WARNER MOVED THE ORDINANCE BE ADOPTED. Motion carried unanimously. Emergency Ordinance regarding _a moratorium on gas station permits in Point Roberts Jackson reported that Planning and Development did not make a recommendation. JACKSON MOVED THE ORDINANCE BE ADOPTED. There was discussion. Bob Carmichael, the deputy prosecuting attorney who wrote the ordinance, explained that two versions were before the Council; the amended version contained an additional paragraph that gave additional Justification for the ordinance that Carmichael did not agree with. Hansey said he was against the ordinance because a moratorium had never before been done in Whatcom County, and it sets a precedent that should not be taken lightly. Johnson said he did not like it, either, because it could be used to stop competition among businesses at a future time. Jackson said the ordinance only lasts 60 days, which would give Council time to examine the issues, have a public hearing (possibly in Point Roberts), and then consider adoption of a regular ordinance. Warner and Roehl said they supported the ordinance as well. Burton said the competition issue is a "red herring," although he added that some supporters of the moratorium are gas station owners in Point Roberts who will benefit financially from the moratorium. Safety issues, such as those brought forward at past meetings by the volunteer fire department, are the primary concern, he said. Burton added that while he supported the emergency ordinance, he may not support the final one. Vanderpol agreed that a 60 -day moratorium would be beneficial. Motion carried, with Johnson and Hansey in opposition. Roberts (suggested referral to Planni49 and Development) Ordinance amending Whatcom County Code 2.02.200. vacancles on citizen boards, committees and commissions (suggested referral to Public Services) Ordinance to revise to revolving fund balance for the County Auditor's office (suggested referral to Finance) QCd i nancg for the rge5sessMent of property within the boundaC leg of Dra i peae District No. 3 (suggested referral to Finance) QCd inancQ`re_Ylsiha the fees charged fgr alcohol/drug eypluatigns by the Combined Treatment Services Department (suggested referral to Finance) ResoIutign to ssll p rgperty county tax foreclosure property, request no. 4 Minutes, 12/15/88, Page 9 VOW •l .p • 1 ..a 1. • ,c -.1.1. ff MRIMIWA -r - 41.o c. The above seven items were introduced by consent and referred to the appropriate committees. A. Flag Presentation: Emily Jackson was selected to present the Countyts flag at the Centennial Ball in Olympia. B. Committee Assignments: Discussion of how Council members are nominated to boards and committees. Roehl said to fill out the reorganization sheets, give them to him, and he will tally the results. The meeting was adjourned at about 9 :45 p.m. ATTEST: Ramona Reeves, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl, Chat man