Loading...
HomeMy WebLinkAboutCounty Council December 3 1987WHATCOM COUNTY COUNCIL December 3, 1987 The meeting was called to order at 7:30 p.m. by Council Chair Burton with all Council members present. APPROyAL QF HINUIE$ The minutes of November 11, 1987 and November 19, 1987 were approved. OCHER BUSINESS APPOINTMENTS TO PLANNING COMMISSION, DISTRICTS II AND III Johnson said that L. Ward Nelson had requested that his name be withdrawn from consideration for this appointment. MUENSCHER MOVED TO SUSPEND THE RULES, ALLOWING THE COUNCIL TO REOPEN THE NOMINATIONS, NOMINATE ADDITIONAL CANDIDATES, AND VOTE ON THE APPOINTMENTS DURING THAT MEETING. There was discussion on the motion. The motion carried. Muenscher nominated Jim Heeringa from District II. The nominations for the second district were closed. Hawley nominated John Steensma from District III. The nominations for the third district were closed. Nominees from the second district included the following: Howard Fleck, Andy Garcia, Joann Kranc - Linville, Randolph Pell, Pat Stevenson, Don Olson, Gerald Kraft, Fred Ondeck, and Jim Heeringa. Nominees from the third district included Emil Baijot, Lyle Balcolm, Thomas Durham, Paul Holtzheimer, Robert Lindquist, Mike Steele, Ann Beck, Robert Frost and John Steensma. District II On the first ballot for District II Fred Ondeck received 3 votes (Hansey, Hawley, Johnson) Jim Heeringa 2 (Muenscher, Roehl) Gerald Kraft 1 (Warner) and Pat Stevenson 1 (Burton). Johnson spoke in favor of Fred Ondeck. Muenscher spoke in favor of Jim Heeringa. December 3, 1987 Page 2 On the second ballot for District II Jim Heeringa received 4 votes (Burton, Muenscher, Roehl, Warner) and Fred Ondeck received 3 (Hansey, Hawley, Johnson). Jim Heeringa was thereby appointed. District xII Warner spoke in favor of Robert Lindquist. Roehl spoke in favor of Thomas Durham. On the first ballot for District III Emil Baijot received 3 votes (Hansey, Hawley, Johnson), Robert Lindquist 2 (Burton, Warner), Thomas Durham 1 ( Roehl) and John Steensma 1 ( Muenscher). On the second ballot for District III Emil Baijot received 5 votes (Hansey, Hawley, Johnson, Muenscher, Roehl) and Robert Lindquist 2 (Burton, Warner). Emil Baijot was thereby appointed. Johnson left the meeting. EXECUTIVE IJEMS BID AWARD RECOMMENDATION FOR A RUBBER -TIRED FOUR -YARD BUCKET LOADER TO THE LOW BIDDER. NC MACHINERY CO., FOR A CATERPILLAR 966C LOADER FOR A TOTAL BID OF $106,255,15 Because the Finance Committee had not held its regularly - scheduled meeting at which it would have reviewed this item, Executive Van Zanten explained the proposed bid award. ROEHL MOVED TO APPROVE THE BID AWARD TO NC MACHINERY. The motion carried. REPORT OF THE EXECUTIVE I' - U61;0werin • i •. • The two reports were distributed to the Council. REPORT FROM HARPER AND OWES AND PUBLIC WORKS ON THE LEACHATE COLLECTION SYSTEM AT CEDARVILLE Robert Jurica of the County Engineering Department reported that the leachate collection system at the landfill was functioning and leachate was being hauled to the treatment plant in Ferndale. Ron Owes of Harper and Owes then gave a slide presentation on the various stages which took place in the system's installation. December 3, 1987 Page 3 HEARING ORDINANCE REGARDING THE MATTER OF PLACING STOP SIGNS ON BAY ROAD, ALDERGROVE ROAD. KICKERVILLE ROAD, LAWRENCE ROAD, ALDERSON ROAD AND BIRCH BAY DRIVE The public hearing on the ordinance was opened; there was no testimony and the hearing was closed. Hansey reported that the Public Services Committee recommended adoption of the ordinance. HANSEY MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. The motion carried unanimously. OPEN SESSION Fred Johnson 7309 Emerson Road, Everson Spoke in opposition to proposed ordinance to exempt sewage sludge spreading as a conditional use; a conditional use permit allows a decision to be made on the compatibility of a use with the comprehensive zoning plan; sludge spreading affects land use and is a land use issue; only one food processor in Whatcom County will accept crops grown on Everett sludge- treated land, and they will not accept root crops from such land; the Planning Commission meeting at which the ordinance was sent forward to the Council was a work session rather than a regular meeting and therefore the Planning Commission's action at that meeting was invalid. Planning Director Taylor stated that the Planning Commission meeting in question had been advertised as a special meeting, not a work session, and therefore it was appropriate for action to have been taken at that meeting. Mary Van Laanen Smith 8415 Carl Road, Everson Stated that Council should not make a decision on sewage sludge ordinance until the Health Department regulations had been adopted to avoid a gap in the process; if ordinance were to be adopted the final decision on permits would rest with the Public Health Officer who she believes has little regard for public input. December 3, 1987 Page 4 Council member Roehl explained that language in the ordinance specified that it would not become effective until the Health Department regulations had been adopted; Council member Burton stated that the Health Board had moved that all permits be approved by the Health Board rather than the Health Officer. Harry Skinner 6600 Goodwin Road Neighbors in vicinity of recent sludge- spreading operation were able to convince half of the Health Board members that there was a substantial environmental impact; action on the issue was taking place too quickly; more time was needed for review of technical issues; urged Council to hold public hearing. Clare Fogelsong 5324 Noon Road Questioned quick reappointment to Health Board of Robert Moore; other qualified.persons had applied for the position and many citizens had expressed their dissatisfaction with his performance on the Board. Burton pointed out that Mr. Moore's reappointment was done in accordance with the Whatcom County Code, and several Council members expressed their confidence in Moore's integrity and dedication. Fred Johnson 7309 Emerson Road Stated that the Health Board would not be allowed to take land use considerations into account when issuing permits; practices that are acceptable today may be found not to be acceptable in the future. Carl Franks 6554 Goodwin Road Distributed information to Council regarding problems which occurred in Omaha a decade after the spreading of radioactive fertilizer; stated that the same thing could happen in Whatcom County. The meeting was recessed at 8 :55 p.m., and reconvened at 9:08 P.M. December 3, 1987 Page 5 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES RESOLUTION AUTHORIZING THE DEFENSE OF WHATCOM COUNTY EMPLOYEES FOR ACTIONS WHICH OCCUR WITHIN THE SCOPE OF THEIR EMPLOYMENT The Council briefly discussed the resolution, and agreed to refer it back to the Finance Committee to be expanded to include members of County Boards and Commissions. ORDINANCE TO ESTABLISH CONTINUING APPROPRIATION AUTHORITY FOR YEAR -END CLOSE OUT OF CERTAIN ENCUMBRANCES Executive Van Zanten explained the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE AMENDING COUNTY ZONING CODE, IN THE RURAL, ACGRIC AN ACCESSORY USE WH THE BELLINGHAM -WHAT ACCORDANCE WITH WAC THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM TO EXEMPT SEWAGE SLUDGE AS A CONDITIONAL USE ULTURAL, AND FORESTRY ZONES AND TO ALLOW IT AS EN REGULATED BY A UTILIZATION PERMIT' ISSUED BY COM COUNTY DISTRICT DEPARTMENT OF HEALTH IN 17 04 -3QO Muenscher reported that the Planning and Development Committee recommended adoption of the ordinance. MUENSCHER MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. Roehl suggested that the words "before the District Health Board" be added to the last sentence of the ordinance, so that that section would read: 112. This amendment will only become effective if and when the Bellingham - Whatcom County District Department of Public Health enacts the utilization permit regulations including a public hearing process bgfgrg jhg Di$tpi,ct Hearth Board.11 ROEHL MOVED TO AMEND THE ORDINANCE TO ADD THE WORDS "BEFORE THE DISTRICT HEALTH BOARD" TO THE END OF THE STATEMENT IN NUMBER 2. There was discussion on,the amendment. Clarification was received from the Council's attorney and the Planning Director that this amendment would only clarify the original intent of the Planning Commission, and would not constitute a substantial change to the ordinance. December 3, 1987 Page 6 The motion to amend carried. There was further discussion on the ordinance. The motion to adopt the ordinance as amended carried 5 -1 (Burton). OTHER BUSINESS APPOINTMENT OF REPLACEMENT TO MUSEUM BOARD TO FILL THE UNEXPIRED TERM OF ELLEN VAUGHN TERM TO RUN THROUGH 317189 Hawley nominated Bill Grace. ROEHL MOVED TO SUSPEND THE RULES AND VOTE ON THE APPOINTMENT. The motion carried unanimously. HAWLEY MOVED TO APPOINT BILL GRACE. The motion carried unanimously. APPOINTMENT TO BOARD OF EQUALIZATION, TERM TO RUN FROM 1[2/88 10 1/1/91 Helen Rhea, Ed Ebright, Robert Bengen, Robert Frost, F. Lyle Popple, and Howard Sheline had previously been nominated. HAWLEY MOVED TO APPOINT HELEN RHEA. The motion carried unanimously. APPOINTMENTS TO OPEN SPACE ADVISORY COMMITTEE, TERM TO RUN FROND 1./20188 TO 1/19192 Leonard Ebe and Curt Maberry had previously been nominated. MUENSCHER MOVED TO APPOINT LEONARD EBE AND CURT MABERRY. . The motion carried unanimously. PETITION FOR VACATION OF THAT SECTION OF COUNTY ROAD NUMBER 131. COMMENDING Al THE WEST BOUNDARY OF EROPERTY OWNED BY JOANN K. OLDER AND ENDING AT THE EAST BOUNDARY OF SAID PRQPERTY, LOT 1, SECTION 6, TOWNSHIP 37, RANGE 4E, FILED BY JOANN K. OLDER ET AL, The petition was received by consent, to be scheduled for a hearing and referred to the Planning and Development Committee. December 3, 1987 Page 7 APPLICATION FOR CHANGE OF CLASSIFICATION OF LAND TO TIMBER LAND FILED BY JAMES AND BRENDA WEATHERBY The application was received by consent and referred to the Planning Commission. INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION FOR HEARING AND NOTICE OF HEARING ON SALE OF COUNTY TAX TITLE PROPERTY Executive Van Zanten explained the resolution. ROEHL MOVED TO APPROVE THE RESOLUTION, WITH THE DATE OF THE HEARING TO BE DETERMINED BY THE COUNCIL STAFF. The motion carried. RESOLUTION APPROVING THE MERGER OF WATER DISTRICT 6 AND BIRCH BAY WATER DISTRICT 8 AND CHANGING THE NAME OF THE COMBINED DISTRICT TO BIRCH BAY WATER AND SEWER DISTRICT Hansey reported that the Public Services Committee recommended approval of the resolution. HANSEY MOVED TO APPROVE THE RESOLUTION. The motion carried. ORDINANCE REGARDING THE MATTER OF ESTABLISHING SPEED LIMITS ON HORTON ROAD MANLEY ROAD AND HARBORVIEW ESTATES PLAT ROADS The ordinance was introduced by consent, to be scheduled for a hearing and referred to the Public Services Committee. ORDINANCE CREATING A NEW CHAPTER IN TILE 15 OF SHE WHAICOI COUNTY QODE ADOPTING ACILI S ANDARDS FOR THE WHA COM COUNT JAIL The ordinance was introduced by consent and referred to the Planning and Development Committee. ORDINANCE TO ESTABLISH THE WHATCOM COUNTY DRUG JASK FORCE FUND, A RELATED REVOLVING ACCOUNT AND THE 1988 APPROPRIATIQN THEREIN The ordinance was introduced by consent and referred to the Finance Committee. December 3, 1987 Page 8 REPORTS AND OTHER IJEMS FROM COUNCIL MEMBERS SOUND SYSTEM IN COUNCIL CHAMBERS WARNER MOVED TO ASK THE ADMINISTRATION TO INVESTIGATE REPLACING THE SOUND SYSTEM IN THE COUNCIL CHAMBERS AND MAKE A REPORT TO THE COUNCIL BY MARCH 1, 1988. The motion carried. The meeting was adjourned at 9:55 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Tom Burton, Chair ATTEST: Z2� /Y."� Carol Ebergson Clerk of the Council/'*'