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HomeMy WebLinkAboutCounty Council November 17 1988WHATCOM COUNTY COUNCIL November 17, 1988 The meeting was called to order at 7 p.m. by Council Chairman Will Roehl, with members Don Hansey, Corky Johnson, Tom Burton, Mary Vanderpol and Dan Warner present. Jackson was absent (at a conference in Yakima). Following the flag salute, business commenced. Due to tape malfunction, the flag salute and call to order are not recorded. READING AND APPROVAL OF MINUTES Minutes of the 10/27, 11/10 and 11/1 Committee of the Whole meetings and the 11/3 regular meeting were received and approved. EXECUTIVE ITEMS Request for approval of bidders list to assure a convenient. continuous and readily available source and supply of hot and cold asphaltic mixes at the lowest cost for Jobs as needed throughout 1989 Executive Shirley Van Zanten was absent; Budget Director Tom Sutberry made her presentations, explaining the need for each of the items under this section. Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. ;_. . ... . . . ..- . - -.. .. - . .1. .. • •1 • �1 1- •- • • •. loo.-. 1 • �1• •�• Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. •1111 =1.. •1 • to .. • . .. • E. I1 to -1.. • : • 5 • 1 0 • . .. a • 1 11a • Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. •IIIIOI.. 3 •1 • to .. • . . •1 II-. •1 • l0 1. •11 •1 • 1• •, . ..c t !.• to - • .- •1 -. • �.-1. - 553 11. LEM 1 111 Sutberry said the County fills about 7,000 prescriptions per year and that this covers only preparation and delivery of the drugs. Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. Minutes, 11/17/88, Page 2 A. Solid Waste Management Plan: The draft was distributed at the meeting for Council members to review (on file). Van Zanten requested that this be on the December 8 Committee of the Whole agenda. Roehl said he would look at the schedule for that meeting before deciding. B. Cedarville Report: By Bob Jurica, Solid Waste Manager. Distributed a report at meeting (on file). Topics included: well - drilling to begin 11/21 or 11/22; gas monitoring to begin 11/28; DSHS activities are scheduled; John Liebrant's pulmonary tests are done, other appointments are scheduled; steps have been taken to prevent scavenging, he likes Barbara Brenner's idea of "take it or leave it" bin, but Cedarville doesn't have room for one. Scavenging is forbidden due to health reasons, particularly the threat of AIDS. PUBLIC HEARINGS Resolution adopting the Whatcom County 1989 Road Construction Program The hearing was opened; there were no speakers. The hearing was closed. Roehl said the matter will be decided on 11/22 with the budget. ►• ] The hearing was opened; there were no speakers. The hearing was closed. Warner reported that Finance recommended approval of the resolution. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. The hearing was opened; there were no speakers. Warner ran down the list of items on the document, but still no one spoke. The hearing was closed. The resolution will be decided on 11/22 with the budget. T11 WreT=?*T-T4'E1u1,If j • i . 1 - 1 1 " • 11 - • • 1 3 • 1 Carl Parker, Engineering, explained that the Cordata area was being reassessed due to an inadequate cost estimate furnished when the RID was created. The hearing was opened; there were no speakers. The hearing was closed. Warner reported that Finance recommended approval of the resolution. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. 1.1 1 1= 11. • 1. ..•. •1 • 1' 1 .•o • �1• •II • 1 Warner was asked to summarize changes proposed by the Finance Committee, as well as the budget provisos It proposes. He did so. The hearing was opened. Minutes, 11/17/88, Page 3 Jim Maricle 3326 Cedarville Road Said it was underhanded to extend the closure of the dump through 1989 with a budget proviso, instead of in a separate discussion. Laura Wedder Department of Corrections She supported hiring a 1/2 time court commissioner and presented information showing money savings for the County if this were done. N.F. Jackson Superior Court Clerk Talked about same topic; collections would be higher and victims would have more money returned to them if a 1/2 -time commissioner were hired. Also talked about need to raise Frank Morrow's salary., There were no further speakers. The hearing was closed. Roehl announced the final consideration of the budget would be on 11/22. 1 •II •1 1 1• •1 • Ic - • •�• • 1 • ■•II' i 1 The hearing was opened. There were no speakers. The hearing was closed. Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. Fred McMi I Ian Birch Bay Asked status of open space reclassification. Owns 41.7 acres on the Canadian border and is trying to sell it. Land has been in open space for 13 years. Buyer wants to use it for agricultural purposes, so it needs to be brought out of open space, which would involve payment of back taxes, etc. If land is reclassified, however, there is a 30 -day window during which this tax penalty would be waived if someone wanted to get out of open space. Council had directed Planning to rate the open space lands; recommendation was to come back to Council, then referred to Assessor. McMillan asked what was . happening. Carl Batchelor said the Council still is deliberating on how to handle public benefit ratings. Burton said Council was sitting on this until next year. Roehl said he was against a change or reclassification because it could have a bad effect on some people. Diane Harper of Planning said Planning Director Dan Taylor could appear Dec. 1 and present the status to the Council and how much work it would take to complete this project. Council could then decide what to do next. Roehl asked that Taylor be requested to do so, and that Planning notify Mr. McMillan when this discussion is to take place. Rita Foley Blue Canyon Road Was upset about disbandment of Lake Whatcom Watershed Advisory Committee; said she wasn't notified that this was to occur, the public is Minutes, 11/17/88, Page 4 being left out of Council decisions. She doesn't want any action taken and doesn't trust government. Distributed letter from Water District 10 that she called libelous (clerk did not receive a copy, was unable to obtain one afterward so none is on file), said she'd like to sue them. John Liebrant Cedarville Road Said he is getting burns on his skin from gas emissions near the dump. Complained that nothing seems to be getting done to help Cedarville residents. Lynn Feenstra Hannegan Road Said portions of Hannegan Road need to be restriped because lanes are too wide, there is no shoulder to walk or ride bikes on. There was discussion of her request. Johnson suggested the lines be painted over and re- striped. BURTON MOVED THAT "WE REQUEST THE ADMINISTRATION TO ACT ACCORDINGLY ON THE HANNEGAN ROAD FOG LINE PROBLEM; WE'D LIKE TO REQUEST THE ADMINISTRATION TO BRING THE FOG LINES CLOSER TO THE CENTERLINE OF HANNEGAN TO RESTORE ENOUGH SHOULDER FOR PEDESTRIAN AND BICYCLE TRAFFIC FOR THE AREA IN QUESTION." Motion carried. Marlen Hansen of Engineering said it would be done in the areas discussed as soon as the weather clears. Jon Komorowski Public Defender Supports appropriation to Public Defender's budget, to be considered at this meeting. Provides more money for professional services, needed because of eight homicide cases this year. Niel Clement KGMI News Radio He said he is concerned about the budget process, about finance committee recommendations being available for public inspection one day before the public hearing. Public should have at least one week to digest the information. Requested record be kept open so public could address the budget before it is decided 11/22. Roehl agreed. Warner said if he is on Finance Committee next year, he will make certain that more time is allotted for public inspection. 1, 1 •_. 1, Ito,, I, ; 6;i Johnson requested that the Public Services Committe chairman be included on the What -Comm board of directors. Hansey said the change would need to be renegotiated with the city. JOHNSON MOVED THAT "WE ASK THE EXECUTIVE TO RENEGOTIATE THE CONTRACT SO THAT IT PROVIDES FOR A SEVEN - MEMBER BOARD, WITH THE SEVENTH MEMBER BEiNG THE CHAIRMAN OF THE PUBLIC SERVICES COMMITTEE." Motion carried. Warner asked that it be conveyed that the contract was acceptable to the Council in all other respects. Clerk was directed to notify the Executive. Minutes, 11/17/88, Page 5 1a •II • 1 eTFD-IoYeeS for 1- year 1989 Warner outlined changes that had been discussed by Finance. WARNER MOVED THE RESOLUTION BE AMENDED AS RECOMMENDED BY FINANCE. Motion carried. WARNER MOVED THE RESOLUTION BE APPROVED AS AMENDED. Motion carried. o ll . . - - • . - - 1 • 1 - - • : • Warner reported that Finance recommended approval of the resolution. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. This item was mistakenly on the agenda; had been decided at 11/3 meeting. 1 • 1 - . - 1- 1988 -1 •-1 1• r 1 -1•- appropriation therein Warner reported that Finance recommended a change in the amount to $35,000 to cover costs. WARNER MOVED TO AMEND THE ORDINANCE. Motion carried. WARNER MOVED TO ADOPT THE ORDINANCE AS AMENDED. Motion carried unanimously. � . 1.1 - o•a 1. . • 1.1 - : 1: 1 • .- • • r.l• to ..0 1. •rl - 10• i• • •11 II " Warner said the Job of the committee was complete with the publication of the Lake Whatcom Watershed Management Plan. He commended the group for its hard work on this project. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. • 1 - • UEMMUTH -1 ./• • 1 ., 111 =1 • ••= 1 •❑ ' 1 =• •1111 The resolution originally was passed 11/3 by county; the city revised it, so needs Council approval. HANSEY MOVED THAT THE REVISED RESOLUTION BE APPROVED. Motion carried. Minutes, 11/17/88, Page 6 Both ordinances are substitutes for the original ordinance introduced in September. Carl Batchelor gave an overview. ORDINANCE 1: COTTAGE INDUSTRIES. BURTON MOVED ADOPTION OF THE SUBSTITUTE ORDINANCE DEFINING COTTAGE INDUSTRIES, ETC. (WITH EXHIBIT B) VANDERPOL MOVED THE ORDINANCE BE AMENDED TO DELETE THE WORDS NON - ILLUMINATED FROM EXHIBIT B WHERE THE WORDS REFER TO SIGNS. Motion to amend failed. Original motion carried 4 -2 with Hansey and Vanderpol voting against it. ORDINANCE 2: MAPS. Adopts planning agency recommendation and maps for comprehensive plan. BURTON MOVED ADOPTION OF THE SUBSTITUTE ORDINANCE. WARNER MOVED TO AMEND THE ORDINANCE TO ACCOMMODATE THE "SAVAGE" REQUESTED CHANGE. Motion to amend carried. Warner noted that Phil Serka, attorney, had requested that action on this ordinance be postponed. There was no additional discussion of the request. There was discussion of Glacier Land Co. requests and others; no further amendments were proposed. Original motion carried unanimously. 1 � 1.1 0.. . 1. ■ .1, •t= ,. of .. , . •11 1! .1. •1171 0 1111 '" -11 1e •11 �c - •/11'1 1• II =o 1 ' =. 1 1 1 • = • - 11 c 1 = • R 0 - - - • ' - 1 • 11 11 1 There was discussion as it was decided the matter would meeting at a future time. WARNER MOVED THIS MATTEF MEETING. Motion carried. to why this was referred back to committee; be discussed in a Committee of the Whole BE REFERRED TO A COMMITTEE OF THE WHOLE •la 04o -4 a ITI. W1 III a X11 1! "•� 11 =1 Superior Court ruled that this ordinance is invalid (Gordon Nielson request for rezone in Point Roberts) because it did not undergo a necessary environmental review after changes were made to the original proposal. If Jerry Mixon, SEPA Official, brings forward a determination of non - significance, Planning is to schedule any required hearings and the matter will later reappear before the Council. BURTON MOVED THAT IT BE SENT BACK TO JERRY MIXON FOR ENVIRONMENTAL REVIEW, THROUGH THE PLANNING DEPARTMENT. Motion carried. Minutes, 11/17/88, Page 7 o� - • .��• 1 II_1 • • 10 �•. � • -II- 1 00 . '• - _1 1• - X1-1 item. Johnson reported that Public Services recommended approval of the JOHNSON MOVED TO APPROVE THE ITEM. Motion carried. Ray Weden explained that a second technical memo would be ready in December. Final report will be available in January or February. WARNER MOVED TO AUTHORIZE WEDEN AND ASSOCIATES TO CONTINUE THE COUNTY —WIDE SEWER AND WATER STUDY AS PROPOSED IN TECHNICAL MEMO NUMBER 1. Motion carried. 1 11115 Resolution of the Whatcom County Council regarding a the formation of a local and road improvement district and fixing a date, time and place for a public hearing on the proposal [item was withdrawn from agenda; no paper] �o • •1 • lo. 1• .1/ 1• • lo. 1� •1 - • • 1 - Warner reported that Finance recommended approval of the resolution. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. Hearing will be December 15. E? 1 1 . 1 - . II - 1 1 • 1 c 1 . 1 1 c - • 111 r . 1 II . r • . ROM • -1 1. oil • rzy - M. 0 • •11 1• .11 1a - •111 =1 The above six items were introduced by consent and referred to appropriate committees. Minutes, 11/17/88, Page 8 o • • 1 • 1 1 1 1' • II r 1- r r• • 1 • r o • • o . I r . 1 • r- • 1101111 IllwIll"IT4111115 • 1 11 1 1 0 r• 1 II c 1 One • • 1 •r 1 3MSHOW. r- a179Jd. W-M= -r 1 --. •11 - lil 31i: Warner explained that Jackson was appointed as an experiment, and that the experiment had worked. County -bar association studied Jackson's work and said he was giving the County good value for its dollar. WARNER MOVED THAT THE RESOLUTION BE APPROVED. Motion carried. - There will be a joint meeting of city and county finance committees at 1 p.m-on Monday, November 21 for discussion of jointly- funded agencies (9- 1-1, for example). Final action on the budget and other related items will be during a special meeting, at 7 p.m. November 22 (Tuesday). Also, the proposed reorganization of the Health District will be considered. To discuss pending litigation; requested by Randy Watts. The meeting was adjourned at 10 :10 p.m. ATTEST: :Ramona- Reeves, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON W111tam P. Roehl, Chair an