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Home My WebLink AboutCounty Council October 20 1988WHATCOM COUNTY COUNCIL MINUTES October 20, 1988 The meeting was called to order at 7 p.m. by Councilman Don Hansey, acting chairman in the absence of Will Roehl (arrived late). All other members were present. Following the flag salute, the meeting began. The minutes of the October 6 regular meeting were accepted as presented. Van Zanten's budget message is on file. In brief, she said the total appropriation for 1989 is proposed at $53,447,913, a 7.99 percent increase over 1988. Major expenses contributing to the overall increase include RID funds, Solid Waste Fund, Juvenile Detention Fund, Parks Levy Fund, and capital expenditure proposals. Current Expense is 7.5 percent larger because of staffing increases, union contract settlements, benefit costs increase, and facility and equipment improvements. To make up for thin staffing increases (10 FTEs, including 3 sheriff's deputies) Van Zanten said she is recommending liberal one -time expenditures for capital improvements. The hearing on the Executive's budget will be Nov. 3. The final hearing on the Council's proposal will be Nov. 17, with action on the budget scheduled for Nov. 22. Warner reported that Finance recommended approval of the resolution. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. There was no report. PUBLIC HEARINGS F101 11 11W.1 or. .- Vanderpol gave the Public Services report. The hearing was opened. Minutes, 10/20/88, Page 2 Ernst Rodriguez No address Said people who signed petition may want to remove names from list. Said his land would be locked in if vacation granted. Received petition with six names and a map. (Note: McAfee had said in Public Services he would give an easement across property to anyone needing it; this was not recorded in the minutes, but is on tape). VANDERPOL MOVED TO KEEP THE MATTER IN COMMITTEE INDEFINITELY, AND TO KEEP THE PUBLIC HEARING OPEN TO A DATE TO BE ANNOUNCED AND RE- PUBLISHED. Motion carried. **Hansey said the KNTR appeal, under other business, should be moved to this point in the meeting. ** 'pro.. • l0 1! :11 to col • •1� •1• �� II • ►l • • - 1 . Hansey explained the guidelines under which the Council operates in such situations, and that the Hearing Examiner's decision can not be overturned unless his decision was based on an error of law or clearly erroneous on the entire record. Warner reported that the Council had reviewed the issue with its attorney, and said were issues of law which the Council does not have adequate information about. He made the following motion: TO REMAND TO THE HEARING EXAMINER FOR CONSIDERATION OF TWO ISSUES REGARDING WHICH WE HAVE INADEQUATE INFORMATION: (1) THE NECESSITY OF A CONDITIONAL USE PERMIT IN VIEW OF PREVIOUS HEARING EXAMINER PRECEDENTS, AND (2) STATUS OF FCC PRE- EMPTION, THE PORTION OF THE FCC ON BLANKET INTERFERENCE AND ENFORCEMENT OF ON- INTERFERENCE REGULATIONS. Motion to remand carried. Hansey ordered a recess for five minutes. After the meeting reconvened, Roehl assumed the role of Chairman. OPEN SESSION Mark Fuller Sheriff's Deputy Related incidents in which more deputies would have been helpful. Entered into the record a bound set of petitions requesting more deputies. The petitions are on file in the budget section of our files. Barbara Brenner Northwest Road Suggested instead of the health district banning dump scavengers, should institute a "take it or leave it" section where people can discard toys, clothing, books, etc. and also scavenge for them. Also said person teh health district hires as a recycling expert should have appropriate degrees, be knowledgeable. 4�, Minutes, 10/20/88, Page 3 Peggy Joy Cedarville Dump Association Read a letter from Will Roehl, explaining that the dump would be sited soon and Cedarville would be closed; it was dated May 12, 1982. Mrs. Leibrant (first name inaudible- possibly Muriel) Said houses around theirs are showing symptoms of same methane gas problems they have, wants something done. Ted Snift 911 Key Street (Not certain of last name, not listed in phone book) Exhibiting a seedling red cedar, Snift said he wanted to speak for the forest. Urged protection of our resources against the California invasion of developers. Said there is no need to roll out the red carpet to such people, they have no where else to go for such resources. They are not coming here to do us a favor. Without our natural resources, we're just a suburb of Los Angeles. Carl Casgard 5814 Sand Road Complained that Executive often leaves during open session in order to avoid criticism of public. Roehl told him to call and make an appointment with her during the week. Van Zanten had left early to visit Olympia. Casgard said he would try to meet with her, adding, "If she wants to duck out to avoid trouble, what is she trying to hide ?" Trisha Lockhart Lives near Cedarville, no address given Said is newcomer to area. Has degree in biology, which she said does not make her an expert. However, leachate tests don't show volatile organics that should be there. Maybe the County should set up a committee of auditors with expertise to look at sampling procedures. John Lelbrant Cedarville Road Said he wants the County to buy him out. Said he feels County is using him as a lab rat. Checked on status of new test wells (out to bid) and landfill siting. Barbara Brenner Submitted an article to some Council members about a landfill in Snohomish County that everyone is happy about. Are looking for partners; why hasn't Whatcom County looked into this, as a temporary solution while the new landfill site is being developed? Also noted that the NWAPA will meet at 1 p.m. in Bellinhgam 10/26 to talk about TRC. Warner complimented Brenner on her hard work, said her input on recycling has helped the County set policy in that area. Warner also said the "guy with the tree" (Mr. Snift had left) was right, that the County should be cautious in developing the area. Jackson said she and Roehl had visited Liebrant's home and both are Minutes, 10/20/88, Page 4 convinced there is a serious problem. JACKSON MOVED THAT THE COUNCIL REQUEST THE EXECUTIVE TO DECLARE AN EMERGENCY IN THE CEDARVILLE AREA IN ORDER TO GET MORE GAS TESTS IN MOTION AND THUS MORE INFORMATION TO EVALUATE. There was discussion. Deputy Prosecuting Attorney Randy Watts said Van Zanten has been considering the course of action already, but was awaiting DOE test results first. Said Council can request anything but can't push the Executive into action. Motion carried. Roehl said obviously the County will consider buying Mr. Liebrant's property but that government moves slowly. 1_U1UW8i4ji61j 199iIA111111 1 1 1 ; / �:� ,; ►� Warner reported that Finance recommended approval of the resolution. WARNER MOVED APPROVAL OF THE RESOLUTION. Motion carried. Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 1 • I 11119T.ToTeVIIIIIII - 1• N I M- •:L • 1. 1 1. 6 .1 1• 1 2 r I a •1 Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. OTHER BUSINESS (Consent items) Jeanne Hart - Horner of Catholic Community Services gave the presentation. Asked that the Council do the following: In their public and Minutes, 10/20/88, Page 5 personal comments dispel myths and reduce fear regarding AIDS; and assume leadership when public policy decisions are needed. Presentation by Auditor Shirley Forslof Thanked Executive for planned increase in licensing staff, but also needs increase in elections. Also asked for personal computer to update ballot tabulating system. INTRODUCTION OF RESOLUTIONS AND ORDINANCES Resolution in support of the Rail Development Commission. recommending passenger service be re- established between Seattle and B.C. through Bellingham item. Vanderpol reported that Public Services recommended approval of the VANDERPOL MOVED TO APPROVE THE ITEM. There was discussion. BURTON MOVED TO AMMEND THE RESOLUTION SO THAT IT ENCOURAGED A STOP IN BLAINE, AS WELL. Motion to ammend carried. Original motion carried. • 11 1 = 11 = . = f • 1 1 • - r 1 . . • . • - . . - . 1 11 = • = 1 Warner reported that Finance recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. Mot.ion carried unanimously. 1 . 1 1 . - - 1 •ii ' . ��. • �� 1 1. 1507, 1.1 . • . 1• • to .1 • -1' •. e. •1 .•1. 1 to .II. 1 • $4,950A00 to obtain part of Ic funds for 1 •11 1• 1/ acquiring, constructina and Installing a solid waste landfILL 1 . 1.1 - • - 1= •�� -1 .rol - 1. Ix 1 -•. ��ol .Ir ilmrwam The above three items were introduced by consent and referred to Finance. Minutes, 10/20/88, Page 6 Ordinance amending the official zoning ordinance and the interim zoning ordinance to allow hazardous waste treatment and storage facilities in all zones where hazardous substances are processed or handled Ordinance amending the Urban Fringe comprehensive plan and county zoning map changing 28 acres fronting Pacific Highway from rural two acres and tourist commercial. to general commercial The above three items were introduced by consent and referred to Planning and Development. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS North Shore Water Agreement: Roehl said City of Bellingham will discuss this at 4 p.m. Monday. Rushing asked that the Council request a postponement. Roehl agreed to do so. The meeting was adjourned at 9 :20 p.m. ATTEST: Ramona Reeves, Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl, Chairman