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HomeMy WebLinkAboutCounty Council November 3 1988WHATCOM COUNTY COUNCIL Thursday, November 3, 1988 The meeting was called to order at 7:05 p.m. by Council Chairman Will Roehl, with all Council members present. Following the flag salute, the meeting began. Minutes of the October 13 special meeting, the October 20 regular meeting and the October 18 Committee of the Whole were approved without change. * SPECIAL ITEM OF BUSINESS * .1•, c.•ou-r • 1 ill- .1 .n -.. •r . -r .1. .• - .. ..- Four Latin American officials and two translators were acknowledged by Roehl. Jackson presented each official with a pictorial book of Washington signed by all Council members. A resolution honoring the group and expressing a wish for peace among the related nations was introduced by Jackson. JACKSON MOVED THAT THE RESOLUTION BE PASSED. Motion carried, unanimously. Each visitor was presented with a signed /sealed copy of the resolution. The Executive explained this item. Warner reported that Finance recommended approval. WARNER MOVED APPROVAL. Motion carried. r- • ..o Raorm-TaMroraw.wen. r : • - • • :11 r . r� - Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. Minutes, 11/3/88, Page 2 Bid award cecommendation for the reconstruction of a portion of Lake Whatcom Boulevard, CRP No. 99166, to the low bidder. One -Way Construction Company, in the amount of $558.027.50 (Bid Alternate "B"); and (item 1. from "introduction ":) Resolution Initiating _pr o-ject No. 99166, reconstruction of Lake Whatcom Boulevard Van Zanten said the above two items go together. A memo of explanation was included In the packet (now is on file). Warner reported that the Finance Committee recommended approval of both items. WARNER MOVED APPROVAL OF BOTH ITEMS. Motion carried. Executive's Report A. Construction Report: Lakeway Drive project is close to completion; discussed status of other projects. B. Liability Insurance Pool: Effective Oct. 1, 15 counties are members of the risk pool and there is $1 million in coverage available. Offices are in Thurston County, Island County is considering membership, are advertising for a risk manager in addition to an administrator and secretary. It's possible that coverage will increase to $5 million on an occurrence basis in the near future. C. Cedarville Dump Update: Monitoring wells and probes for gas emissions are being acquired. A report on the landfill by the state Department of Social and Health Services should be ready in December. Had Van Zanten not pressured the Department of Ecology, the County would not have received the report on Liebrant's place for two months (even though information had been released verbally to the media and to Liebrant). She said she hopes the Council and the public appreciates that staff is moving as fast as it can. D. Landfill Siting: The second set of ranking criteria has been approved by the Solid Waste Advisory Committee and forwarded to the Council. Van Zanten requested that the Council review the criteria, may want to change ranking order or add /delete criteria. Requested that it be put on the first meeting in December for approval. Last date for submitting possible dump sites is Nov. 15. PUBLIC HEARINGS Resolution to sell property acquired by the County on tax foreclosure (request no. 1) The hearing was opened. No one spoke. The hearing was closed. Warner reported that the Finance Committee recommended approval. WARNER MOVED APPROVAL. Motion carried. Petition to vacate an alley between lots 6 8 7. King Mountain Terrace, filed by Gary and Phyllis Gilfilen The hearing was opened. No one spoke. The hearing was closed. Johnson reported that the Public Services Committee recommended approval, Minutes 11/3/88, Page 3 with a 30 percent reduction in fair market value due to the need for a utility easement. JOHNSON MOVED APPROVAL, WITH A 30 PERCENT REDUCTION IN THE FAIR MARKET VALUE. Motion carried. MR NO if-pinew-inn. -M-1111 The hearing was opened. After seven people testified, the hearing was closed. Testimony included: Barbara Brenner Wondered if public would have input into Job description for full - time recycling expert in the budget. Van Zanten said description will be available to the public, and pointed out that the new hire's position will include other duties besides recycling. Charlotte Doolittle District Court Requested a receptionist for her department, explained heavy work load and said she desperately needs help. Others testifying in favor of Doolittle's request were: Fred Thompson, probation department director; Ernie Bentley, chair of Whatcom County Substance Abuse Council; Pat Aasheim, assessment person; Tim Jordan, counselor with Whatcom Counseling Clinic; Peggy Ball, director of Combined Treatment. The hearing was closed. The meeting was recessed from 8 :15 to 8 :25. Roehl advised people to keep comments concise; he will not allow campaign speeches. Barbara Ford 2901 Cottonwood Spoke against rock crushing ordinance. Also urged careful preservation of county against the "crazy characters" who want to develop it. John Liebrant Cedarville Road Complained that blood and urine tests had revealed a cancer - causing substance in his system, he claims is caused by the dump. Urged Council to buy his home and get him out of there. Hansey said the Council is concerned about these results and would like to have Llebrant's condition evaluated. HANSEY MOVED THAT THE WHATCOM COUNTY COUNCIL DIRECT THE PROSECUTOR TO WRITE MR. LIEBRANT A LETTER ASKING HIM IF HE WOULD SUBMIT TO A COMPLETE MEDICAL EVALUATION AT THE OBJECTIVE MEDICAL ASSESSMENT CENTER. THiS EXAM WOULD BE AT WHATCOM COUNTY'S EXPENSE. THE EXPENSES WOULD INCLUDE MILEAGE AND LODGING IF NECESSARY, AS WELL AS ANY AND ALL COSTS ATTRIBUTED TO THE EXAM ITSELF. Minutes 11/3/88, Page 4 FURTHERMORE, HE MOVED THAT THE RESULTS OF THESE TESTS WOULD BE MADE KNOWN TO BOTH PARTIES SO THAT EACH COULD GET A BETTER UNDERSTANDING AS TO WHAT THE MEDICAL PROBLEMS ARE AND WHAT COULD BE CAUSING THEM. Motion carried. Leibrant indicated verbally that he accepted this proposal. The clerk was directed to alert Randy Watts to this motion and to set up appointments as soon as possible. Peggy Hinton Planning Commission The rock crushing ordinance received a thorough review by the commission; at least seven members were present and it passed unanimously. Barbara Brenner Northwest Road Urged the County to consider a ban on the importation of waste to Whatcom County; urged the County to consider shipping our waste to Snohomish County; community groups should be encouraged to pick up recyclables in unincorporated areas. Evelyn Nolte Everson - Goshen Road and Van Dyke Is surrounded by gravel pits, lives on ag land; worried about quality and quantity of water being affected by mining, which is not supervised enough. Dale Lonkers 210 N. Harkness St., Everson A raspberry patch on E. Pole Road used to be a gravel hill. Submitted petition with 70 signatures (non- verified) of people who do not oppose rock crushing in ag zones. Len Honcoup 8911 Guide Meridian Road Owns Honcoup Gravel, used to be a farmer. Said is regulation; agriculture and gravel mining are compatible. Ernie Nolte Everson - Goshen Road Has farmed all life in area. Think mining spoils water flow in springs. Robert Watson 6715 Lunde Road No one protected farm land in Michigan, ruined land. Lives on ag land, said has eight gravel pits within two miles of his home. Asked Council to hold item until the spring. Minutes 11/3/88, Page 5 Jerald Hardy 1306 E. Pole Road Favors rock crushing. Soil Conservation Service has determined that the land is marginal for farm use. When gravel hills removed, becomes prime farm land. Dick Bengen Lawrence Road Farmer; said has five pits within 1/4 mile; rock crushing doesn't bother him. Robert Dodge Herdsman for Jerald Hardy. Said reclaimed land does well for farming. Dave Webb 6621 Noon Road, Everson Crushers make a racket near his home; is against the ordinance. Dave Ernst 7208 Lankhaar Road, Lynden Against the rock crusher ordinance. Asked Council to study the issue, then consider ordinance in the spring. Marvin Haak 733 Oaks Road, Lynden Reclamation of mined land works fine. Darlyn DelBoca 7208 Lankhaar Road British Columbia has placed a moratorium on sand and gravel mining and this is making Whatcom County the market place for such things. Need to be careful of what this does to our land. Like to see money in budget for more monitoring, DNR is not effective. Would like all mining applications placed on hold. Rose Marie Flora 6318 Lunde Road Concerned about effect of mining on the water table. Rock crushers are too noisy. Dave Miller 5031 Hannegan Road Supports rock crushing. Garry Orr Pacific Concrete Supports rock crushing. Open session was closed. Minutes 11/3/88, Page 6 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES Roehl moved this item in order to accommodate the large number of interested persons at the meeting. Burton reported that Planning and Development Committee recommended denial of the ordinance. There was much discussion of this issue by each Council member. Burton said he would vote against the ordinance. BURTON MOVED THAT THE ORDINANCE BE ADOPTED. JACKSON MOVED TO AMEND THE ORDINANCE TO INSERT WORDING THAT STAFF NOT BE EXCLUDED FROM STUDYING AREAS OF INTEREST NOT LISTED IN THE ORDINANCE. Motion to amend carried. Main motion carried 4 -3, with Jackson, Burton and Warner in opposition. It was noted that this issue will be considered in the spring by planning and will again be an issue at that time. There was a seven - minute recess, with the meeting reconvening at 10 :07 p.m. 1 • 1.1 - • i. •:: • II. • -II-1 1• Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 1 • t.1 - • • • 1. • t. .1 • �-1- •7-111111re . •1 ••t• 1 1= •II. 1 • • / 111 • •. t .. • T- 1• • • .11 1• t. • 1• • 1 1 • . t . 1 1 • • - . I . A substitute ordinance was presented which changed the amount to $4.5 million. Warner reported that Finance recommended adoption of the substitute ordinance. WARNER MOVED TO ADOPT THE SUBSTITUTE ORDINANCE. Motion carried unanimously. ..• •r •1 t. - 1 Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. Burton reported that Planning and Development kept this item in committee. Minutes 11/3/88, Page 7 A t•t - •It =t• t• to ..t t. - •(,• -t't • •t •t� • 1 •t t• II•� t.t• t• •t t: •t,• •u ,• - -tt • There was much discussion of this item; first, a substitute ordinance was proposed that listed two additional properties. Council members said perhaps gateway industrial would be a more appropriate zone. Taylor said he would expect the applicants to withdraw the rezone request if the County were to suggest such a designation. Burton reported that Planning and Development recommended adoption of the ordinance. BURTON MOVED THAT THE SUBSTITUTE ORDINANCE BE ADOPTED. HANSEY MOVED THAT THE ORDINANCE BE REFERRED TO COMMITTEE. There was discussion about the appropriateness of Hansey's motion, and as to which motion takes precedence. Roehl said he would recognize Hansey's motion and called for a vote. Motion carried (the item was referred to committee for it to examine whether gateway industrial is appropriate). OTHER BUSINESS ( *Consent Items) Receipt of appeal of Hearing Examiner decision regarding a conditional use permit application filed by Morris Piha Partnership of Bellevue (placed on file e� nding receipt of transcript) ceipt of appeal of Hearing Examiner decision regarding a conditional use permit application filed by Evert Velthuisen (appeal filed by Robert Watson) (placed on file; to be considered 12/15) Both items were accepted. Transcripts have been received and the items will be considered December 15. EMMIKLOMM"i 00"M - • .t • l0 1. ..1. 1• • 1' t. •1 - • • 1 -41-9-01M -. ME • Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. .t t• t• t- .t - .t t... Warner reported that the warrants will help the District meet its financial obligations through a temporary difficulty. Warner reported that Finance recommended approval of the resolution. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. Minutes 11/3/88, Page 8 This item was delivered by the Executive's Office the day of the meeting and was listed on an addendum to the agenda. Roehl read the resolution aloud. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. • 1 • •1 -• 1 1! 1 1 �• 111-1 •.- 1 •11 - 1't • 11 11 Roehl explained that this resolution legitimizes the committee that has been meeting for several months. ROEHL MOVED THAT THE JOINT RESOLUTION BE APPROVED. Motion carried. • • 1 c • 1 • 1 ' 1 • • • ' II ' 1 = 1 • 1 • 1 - • 1 • • c • 1 • What—Comm • 11 11 . 1 • 1 Center Introduced by consent and referred to Finance. II• • =11'1 • •� -11 - 1� • • • It •.1! • 1- •11 • 1 l 1• •1 Hearing to be scheduled; referred to Public Services, with consideration on 11/22 with budget. r0zTT*1FF13 Met . o • • M T 1 . • 11 • . 1 • : • ' • . • • MtMTR3K*J1WTd1I Hearing to be scheduled; referred to Public Services. m - • Us 3 r-TIM mw a IT-M 11 n. i - • . • • • 1 1 e • - • 1 - 1 - • - 1 • 1 n-KeTeNERIeff "amawqm • • • 1 - • • - • •1 1 1' II •. - • .••• 1• 1- 1-• - • 1 -• -1 -• employees of • :o - Center for the •8• The above three items were referred to Finance. • 1.1 1 1' I1• - • 1- .••• •1 • 1. 1. • •.Mc • 1• •11 • 1 • 1- •C• .1• 1� 1- -.•-1• - • 1 1• 1. - 1 Hearing scheduled for Nov. 17; referred to Finance) • 1.1 - 1• 1• Ic - • • • 1 .1• • •• 1 1159TIN • M Minutes 11/3/88, Page 9 Hearing scheduled for Nov. 17; referred to Finance) M. FIT-TIT421 M31 mml- 14-71,1111150T ROOM. it Me. Hearing to be scheduled (Nov. 17); referred to Finance. Ordinance repealing ordinance 82 -108 in order to disband the Lake Whatcom Watershed Advisory Committee Introduced on the addendum. No referral. Jackson asked the Council if it would pay for the placement of a plaque dedicated to Whatcom County's Vietnam Veterans, in the Courthouse lobby. Roehl said he thought it was a good idea; other Council members requested that a spending limit be placed on the project, since there was no estimated cost available. JACKSON MOVED THAT THE COST OF INSTALLING THE VIETNAM VETERAN MEMORIAL PLAQUE TO BE PLACED IN THE COURTHOUSE LOBBY BE PAID OUT OF THE COUNCIL'S ENDING FUND BALANCE. JOHNSON MOVED TO AMEND THE MOTION SO THAT THE WORDS "NOT TO EXCEED $500" BE ADDED TO THE ABOVE. Both motions carried. Roehl noted that the Whatcom County flags have been completed and are awaiting pickup in Seattle. Council members should begin thinking about who will present the flag at the Centennial Sall in January and what sort of statement should be written about Whatcom County to go with the flag. The meeting was adjourned at 11 :10 p.m. ATTEST: Ramona Reeves, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Illiam P. Roehl, Chairman