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HomeMy WebLinkAboutCounty Council February 20 1986WHATCOM COUNTY COUNCIL MINUTES - FEBRUARY 20, 1986 The Whatcom County Council was called to order at 7:35 p.m. by Vice - Chairman Roehl with all members present except Chairman Hansey. The minutes of the Whatcom County Council, held on February 6, 1986, were approved as written. EXECUTIVE ITEMS AGREEMENT WITH THE CITY OF FERNDALE FOR CONSTRUCTION¢ OPERATION AND MAINTENANCE OF PRE - TREATMENT FACILITIES FOR PRE - TREATMENT AND DISPOSAL OF LEACHATE AT THE FERNDALE WASTEWATER TREATMENT PLANT HAWLEY MOVED TO TABLE THE MATTER OF THE AGREEMENT WITH THE CITY OF FERNDALE FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF PRE - TREATMENT FACILITIES FOR PRE - TREATMENT AND DISPOSAL OF LEACHATE AT THE FERNDALE WASTEWATER TREATMENT PLANT UNTIL AFTER "OPEN SESSION." Hawley spoke to his motion. The motion carried. Executive Van Zanten distributed a letter sent to Chairman Hansey from John Glynn, Department of Ecology, relating to the leachate problem. BID AWARD RECOMMENDATION FOR THE SUPPLY OF RUBBERIZED ASPHALT CRACK FILLING MATERIAL TO ALBINA ASPHALT IN THE AMOUNT OF $0.279 PER POUND, AMOUNTING TO $12.276 PLUS TAX FOR THE ESTIMATED ANNUAL USE OF 44.000 POUNDS Executive Van Zanten explained the background on bid award recommendation and informed the council of the previous prices that had been paid for this material as requested by the Finance Committee. Vice - Chairman Roehl reported that the Finance Committee had reviewed the bid award recommendation and had recommended approval subject to the information just received. JOHNSON MOVED TO APPROVE THE BID AWARD FOR THE SUPPLY OF RUBBERIZED ASPHALT CRACK FILLING MATERIAL TO ALBINA ASPHALT IN THE AMOUNT OF $0.279 PER POUND, AMOUNTING TO $12,276 PLUS TAX FOR THE ESTIMATED ANNUAL USE OF 44,000 POUNDS. The motion carried. Whatcom County Council Minutes - February 20, 1986 Page 2 AGREEMENT WITH RAYMOND D. WEDEN AND ASSOCIATES, INC. FOR THE PURPOSE OF PROVIDING PROFESSIONAL ENGINEERING SER- VICES FOR THE COMMONLY KNOWN PROJECT "CORDATA PHASE II" Executive Van Zanten explained the background on the proposed agreement with Raymond D. Weden and Associates, Inc. Vice - Chairman Roehl reported that the Finance Committee had reviewed the agreement and recommended approval. WARNER MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO THE AGREEMENT WITH RAYMOND D. WEDEN AND ASSOCIATES, INC. FOR THE PURPOSE OF PROVIDING PROFESSIONAL ENGINEERING SERVICES FOR THE COMMONLY KNOWN PROJECT "CORDATA PHASE II ". Hawley spoke to the motion. Roehl spoke to the motion. The motion carried. OVERLIMIT TRANSFER IN THE REAL ESTATE EXCISE TAX (REET) FUND IN THE AMOUNT OF $15.000 OVERLIMIT TRANSFER IN THE FEDERAL SHARED REVENUE FUND, CHARTER REVIEW COMMISSION, IN THE AMOUNT OF $7,150 Executive Van Zanten explained the background on the two overlimit transfers. WARNER MOVED TO APPROVE THE OVERLIMIT TRANSFER IN THE REAL ESTATE EXCISE TAX (REET) FUND IN THE AMOUNT OF $15,000; AND THE OVERLIMIT TRANSFER IN THE FEDERAL SHARED REVENUE FUND, CHARTER REVIEW COMMISSION, IN THE AMOUNT OF $7,150. The motion carried. REPORT OF THE EXECUTIVE Executive Van Zanten gave a report regarding the " Whatcom County in Bloom" program, sponsored by the Parks Department. Executive Van Zanten requested a ten - minute Executive Session with Council members regarding some legal matters. The meeting recessed at 7:55 p.m. The meeting reconvened at 8 :05 p.m. Whatcom County Council Minutes - February 20, 1986 Page 3 Councilmember Muenscher absent from the meeting. Executive Van Zanten distributed a letter from the Humane Society's attorney regarding the Humane Society's contract with Whatcom County and requested direction from the Council. BURTON MOVED TO DIRECT THE EXECUTIVE TO PROPOSE A CONTRACT TO THE HUMANE SOCIETY FOR THE AMOUNT OF SERVICES FOUND IN THEIR LAST PROPOSAL FOR A TOTAL OF $80,000, FOR THE YEAR 1986. There was lengthy discussion on the motion. The motion carried. Vice - Chairman turned the meeting over to Councilmember Burton. ROEHL MOVED THAT WE DIRECT THE EXECUTIVE NOT TO EXTEND THE TEMPORARY CONTRACT FUNDING BEYOND THE END OF THIS MONTH. Roehl spoke to his motion. The motion carried. Executive Van Zanten asked the Council if they wanted her to bring the contract back to her before it is signed. WARNER MOVED THAT THE COUNCIL LEAVE THE MATTER TO THE DISCRETION OF THE EXECUTIVE TO NEGOTIATE THE SERVICE LEVEL WITHIN THAT AMOUNT, IF SHE IS ABLE TO DO SO, AND THAT THE MATTER, THEREFORE, NOT BE BROUGHT BACK TO THE COUNCIL. Johnson spoke against the motion. Burton spoke for the motion. Roehl spoke to the motion. The motion failed. Councilmember Muenscher returned to the meeting at 8:25 p.m. Executive Van Zanten informed the Council that she authorized the purchase of insurance for the next year -- the premium being $250,000, which is an increase over last year. She explained the details of the policy to the Councilmembers. Whatcom County Council Minutes - February 20, 1986 Page 4 Executive Van Zanten informed the Council that the Inter - local Agreement for Law Enforcement Services with the City of Nooksack for a period of three years has been signed by her. OPEN SESSION Vice - Chairman Roehl invited anyone from the audience who wished to speak on County government. Jim Maricle 3326 Cedarville Bellingham, WA Steve Meacham 2997 Goshen Road Bellingham, WA Steve Cowden 5570 Knight Rd. Dr. Susan Cook 1908 - 20th St. Bellingham, WA Dave Smith 5849 Sand Road Bellingham, WA Pat Milliken 3096 Goshen Road Bellingham, WA He is a retired environmental spe- Rd. cialist and supports closing the Cedarville dump in an environmen- tally -sound manner. Ruth Gibbs 3497 Cedarville Rd. Bellingham, WA Jim Maricle 3325 Cedarville Rd. Bellingham, WA. Spoke about leachate -- supports closing the Cedarville dump. He is having water problems now and wants the Cedarville dump closed. She is a water quality specialist and familiar with water quality in the area. She feels that maybe the area. She feels that maybe the best alternative would be to close the Cedarville dump. Spoke in support of closing the Cedarville dump; he mentioned the possibility of recycling. Spoke in support of recycling program. She had her water tested and needed another well drilled. There was a high chlorophyl count in her water. Spoke again in support of closing the Cedarville dump. Whatcom County Council Minutes - February 20, 1986 Page 5 Marty Harper Harper -Owes Seattle, WA Larry Mount, Sheriff Judge David Rhea Vice - Chairman Roehl questioned Marty Harper about the availability of State money to close dumps; Harper stated that monies are available under Referendum 39 for land closures. The County may or may not have to install the same type of a collection system and haul it. Presented a letter from Police Chief Jim Hinchey of Blaine requesting that the three positions in the criminal justice system be retained. Spoke in support of reinstating the three positions in the criminal justice system. Judge Ed Ross Spoke in support of reinstating the three positions in the criminal justice system; he would like the council members to meet with the departments in question as Council - member Warner did. Lyle Pearson Spoke in support of reinstating the 934 N. State St. £1 three positions in the criminal justice system, stating that he is a crime victim. Neil Clement Spoke about the Council's policy about releasing information to the public; he also questioned the Council's suppression of informa- tion on the recent law suit. The meeting recessed at 9:50 p.m. The meeting reconvened at 10 :00 p.m. Chairman Roehl brought the February 6th, 1986 motion by Muenscher back to the floor under No. 1, "Executive Items ": Whatcom County Council Minutes - February 20, 1986 Page 6 MUENSCHER MOVED TO RECOMMEND THAT AUTHORIZATION BE GIVEN TO THE ADMINISTRATION TO SIGN THE PROPOSED CONTRACT BETWEEN THE CITY OF FERNDALE AND WHATCOM COUNTY FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF PRE - TREATMENT FACILITIES FOR PRE - TREATMENT AND DISPOSAL OF LEACHATE AT THE FERNDALE WASTEWATER TREATMENT PLANT. Muenscher requested an interpretation of what the R.C.W. says and inform the Council as to what some of their options are. Randy Watts, Deputy Prosecuting Attorney, explained about several sections of the R.C.W., as well as the Washington Administrative Code as they pertain to the leachate problem at the Cedarville landfill site. Hawley spoke against the motion. Warner addressed the issue. WARNER MOVED TO AMEND THE MOTION TO AUTHORIZE THE EXECUTIVE TO ENTER INTO THE CONTRACT AND THAT WE MOVE WITH ALL DELIBERATE HASTE TO CLOSE THE DUMP. Roehl spoke to the motion. Johnson spoke to the motion Hawley spoke to the motion. A rollcall vote taken at the request of Councilmember Hawley. The motion carried (4 -2, Johnson, Hawley) The motion to amend carried. Councilmember Burton requested that Paul Rushing address the Council and explain to them what their strategies would be if the dump was closed immediately and how the solid waste problem would be handled in Whatcom County. Paul Rushing, Director of Public Works, stated that Thermal Reduction handles 100 tons a day and Olivine Corporation handles 50 tons a day, leaving 30 to 35 tons a day that goes to Cedar- ville. The prognosis for the development of incineration for the additional 35 tons would depend on the outcome of the testing between the D.O.E. and Olivine Corporation. Olivine Corporation will enlarge incineration if D.O.E. approves it. Thermal Reduction plant can still handle only 100 tons. Whatcom County Council Minutes - February 20, 1986 Page 7 Hawley addressed the issue . Executive Van Zanten responded to Warner's inquiry about the costs to the County. Johnson spoke to the issue of costs. Hawley entered into a filibuster by reading a dissertation on the Cedarville landfill site. Vice - Chairman Roehl recessed the meeting at 10:58 p.m. since there was no longer a quorum present. The meeting reconvened at 11:00 p.m. Hawley stated that Muenscher's motion was out of order since the motion was not tabled. Vice - Chairman Roehl declared the motion is properly before the Council and Roehl restated Muenscher's motion, as amended. JOHNSON MOVED TO FURTHER AMEND THE MOTION BY ADDING JANUARY, 19872 AS A CLOSING DATE. Johnson spoke to his amended motion. Vice - Chairman Roehl restated the motion with amendments. Hawley questioned where the money would be coming from for the proposed treatment plant in Ferndale and for closing the Cedarville dump. A rollcall vote was taken on the motion to amend at the request of Councilmember Hawley. The motion to amend carried, (4 -2, Hawley, Muenscher) Vice - Chairman restated the amended motion. WARNER MOVED TO AMEND THE MOTION BY STRIKING THE FIRST AMENDMENT. A rollcall vote was taken at the request of Councilmember Hawley. The motion carried, (5 -1, Hawley) WARNER MOVED TO TABLE THE AMENDED MOTION UNTIL THERE IS MORE INFORMATION AS TO COSTS. Whatcom County Council Minutes - February 20, 1986 Page 8 Roehl spoke for the motion and recommended having a Commit- tee of the Whole meeting to address this issue and obtain more information. The motion carried. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE TO REVISE THE 1986 WHATCOM COUNTY CURRENT EXPENSE FUND, DISTRICT COURT,- PROSECUTING ATTORNEY AND PUBLIC DEFEN- DER BUDGETS THEREIN. Vice- Chairman Roehl reported that the Finance Committee had reviewed the ordinance and had recommended by a 2 to 1 vote to recommend approval to the full Council. MUENSCHER MOVED TO ADOPT THE ORDINANCE TO REVISE THE 1986 WHATCOM COUNTY CURRENT EXPENSE FUND, DISTRICT COURT, PROSECUTING ATTORNEY AND PUBLIC DEFENDER BUDGETS THEREIN. Hawley spoke against the motion if the money to be budgeted comes out of the Current Expense Fund. HAWLEY MOVED TO AMEND THE ORDINANCE BY CHANGING THE WORDING FROM ENDING FUND BALANCE TO EXPO 86 FUND. Warner spoke to the motion. Tom Sutberry addressed the issue. Roehl spoke against the motion. Muenscher spoke for the motion. Johnson spoke for the motion. Vice - Chairman Roehl restated the amended ordinance. The motion to amend failed, (2 -4 - Burton, Roehl, Warner, Muenscher) Vice - Chairman Roehl restated the motion. WARNER MOVED TO INTRODUCE A SUBSTITUTE ORDINANCE FOR THE POSITIONS IN THE PROSECUTING ATTORNEY'S OFFICE AND THE PUBLIC DEFENDER'S OFFICE ONLY. Whatcom County Council Minutes - February 20, 1986 Page 9 Vice - Chairman Roehl stated that a substitute ordinance would have to be before the Council. Warner presented a substitute ordinance to the Council. Johnson addressed the issue of the substitute ordinance. JOHNSON MOVED THAT THE COUNCIL VOTE FOR THE POSITION IN THE PROSECUTING ATTORNEY'S OFFICE ONLY. Muenscher addressed the issue. WARNER WITHDREW HIS MOTION FOR A SUBSTITUTE ORDINANCE FOR THE POSITIONS IN THE PROSECUTING ATTORNEY'S OFFICE AND THE PUBLIC DEFENDER'S OFFICE ONLY. JOHNSON MOVED TO AMEND THE ORDINANCE BY STRIKING THE LINE, DISTRICT COURT EXTRA HELP, $7,500; AND THE PUBLIC DEFENDER PROFESSIONAL SERVICES LINE, $13,738; INSERTING EXPO 86 FUND FOR ENDING FUND BALANCE $16,475, CHANGING THE TOTAL TO $26,475, STRIKING THE WHOLE SECTION ON DISTRICT COURT PROBATION COUNSELOR, AND THE WHOLE SECTION ON PUBLIC DEFENDER DEPUTY. The motion failed. HAWLEY MOVED TO RECONSIDER THE VOTE ON TAKING THE FUNDS FROM THE EXPO 86 FUND. The motion carried. Vice - Chairman Roehl restated the motion to amend the ordinance by changing Ending Fund Balance to Expo 86 Fund. The motion failed. HAWLEY MOVED TO RECONSIDER THE VOTE ON TAKING THE FUNDS FROM THE EXPO 86 FUND. The motion carried. Vice - Chairman Roehl restated the original motion to amend the ordinance by taking the funds from the Expo 86 Fund, in the amount of $60,298. Vice Chairman Roehl spoke against the motion. The motion carried, (5 -1, Roehl) Whatcom County Council Minutes - February 20, 1986 Page 10 ORDINANCE TO REVISE THE 1986 FEDERAL SHARED REVENUE FUND, JAIL ARBITRATION BUDGET. Vice - Chairman reported that the Finance Committee had reviewed and recommended approval of this ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE TO REVISE THE 1986 FEDERAL SHARED REVENUE FUND, JAIL ARBITRATION BUDGET. The motion carried unanimously. ORDINANCE ESTABLISHING A 1986 BUDGET FOR THE REFERENDUM 37 CONSTRUCTION FUND FOR THE PURPOSE OF PROVIDING CAPITAL EQUIPMENT TO THE WORKSHOP TRAINING CENTER AND THE WHATCOM COUNSELING AND PSYCHIATRIC CLINIC. Vice - Chairman reported that the Finance Committee had reviewed and recommended approval of this ordinance. HAWLEY MOVED TO APPROVE ADOPTION OF THE ORDINANCE ESTABLI- SHING A 1986 BUDGET FOR THE REFERENDUM 37 CONSTRUCTION FUND FOR THE PURPOSE OF PROVIDING CAPITAL EQUIPMENT TO THE WORKSHOP TRAINING CENTER AND THE WHATCOM COUNSELING AND PSYCHIATRIC CLINIC. The motion carried unanimously. INANCE AMENDING THE PUBLIC UTILITIES CHAPTER OF TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TO CREATE A NEW SECTION ADDRESSING LANDS ADJACENT TO THE BO UEVILLE POWER ADMINISTRATION POWER LINE EASEME_NTI RIGHT- OF -WAY Johnson reported that the Planning Commission has approved the proposed amended ordinance and that a public hearing on the proposal was held. The Planning and Development Committee has also reviewed and recommended approval of this amended ordinance. JOHNSON MOVED TO APPROVE THE AMENDED ORDINANCE AMENDING THE PUBLIC UTILITIES CHAPTER OF TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TO CREATE A NEW SECTION ADDRESSING LANDS ADJACENT TO THE BONNEVILLE POWER ADMINISTRATION POWER LINE EASEMENT /RIGHT -OF -WAY. Hawley questioned the charge to the applicant in the amount of $100 when the amended ordinance applies to everyone. Muenscher stated that there is always a fee for a zoning change. Whatcom County Council Minutes - February 20, 1986 Page 11 There was further discussion on the fees for zoning changes. The motion carried unanimously. OTHER BUSINESS NOMINATIONS /APPOINTMENTS TO THE BELLINGHAM / WHATCOM COUNTY HEALTH DISTRICT BOARD. HAWLEY MOVED TO NOMINATE ROBERT IMHOF. JOHNSON MOVED TO NOMINATE ROBERT MOORE. WARNER MOVED TO NOMINATE JOHN EBERT. JOHNSON MOVED THAT THE NOMINATIONS BE CLOSED. The motion carried. Vice - Chairman stated that a vote will be taken on these nominations at the next Council meeting. OPEN SPACE APPLICATIONS Vice - Chairman Roehl stated that this Open Space application for Timber Land classification will be forwarded to the Planning Commission. (Filed by Lawrence and Alice Pullar) INTRODUCTION OF RESOLUTIONS AND ORDINANCES Vice - Chairman Roehl added the following three ordinances to the agenda under "Introduction of Resolutions and Ordinances??: AN ORDINANCE AMENDING THE 1970 WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP FOR THE GEOGRAPHIC AREA KNOWN AS THE CHUCKANUT -LAKE SAMISH SUBAREA OF WHATCOM COUNTY. AN ORDINANCE ADOPTING AND AMENDING TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, FOR THE GEOGRAPHIC AREA KNOWN AS THE CHUCKANUT -LAKE SAMISH SUBAREA OF WHATCOM COUNTY. AN ORDINANCE AMENDING THE FIRST CHAPTER OF TITLE 20.80.282 OF THE WHATCOM COUNTY CODE. Whatcom County Council Minutes - February 20, 1986 Page 12 RESOLUTION ESTABLISHING THE TERMS OF OFFICE FOR THE SEVERAL SPECIAL DISTRICTS AS WELL AS ESTABLISHING A BOND FOR THE OFFICE HOLDERS, JOHNSON MOVED TO INTRODUCE AND ADOPT A RESOLUTION ESTABLI- SHING THE TERMS OF OFFICE FOR THE SEVERAL SPECIAL DISTRICTS AS WELL AS ESTABLISHING A BOND FOR THE OFFICE HOLDERS. The motion carried. RESOLUTION IN THE MATTER OF CANCELLATION OF WARRANT OVER ONE YEAR OLD IN ACCORDANCE WITH THE PROVISIONS OF R.C.W. 36.22.100 Vice - Chairman Roehl reported that this resolution was held up in the Finance Committee pending clarification. RESOLUTION CALLING FOR BID PROPOSALS TO BE SUBMITTED BY QUALIFIED LEGAL NEWSPAPERS TO SERVE AS THE OFFICIAL COUNTY NEWSPAPER FOR THE PERIOD OF JULY 1, 1986 THROUGH JUNE 30, 1986, WARNER MOVED TO INTRODUCE AND ADOPT THE RESOLUTION CALLING FOR BID PROPOSALS TO BE SUBMITTED BY QUALIFIED LEGAL NEWSPAPERS TO SERVE AS THE OFFICIAL COUNTY NEWSPAPER FOR THE PERIOD OF JULY 1, 1986 THROUGH JUNE 30, 1986. Councilmember reported that the Finance Committee had reviewed and recommended adoption of this resolution. The motion carried. RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE (SUDDEN VALLEY, LOT 86, DIVISION 25) RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE (SUDDEN VALLEY. LOT 55, DIVISION 30) WARNER MOVED TO INTRODUCE AND ADOPT THE RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE (SUDDEN VALLEY, LOT 86, DIVISION 25), AND THE RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE (SUDDEN VALLEY, LOT 55, DIVISION 30). Vice - Chairman reported that the Finance Committee had reviewed and recommended approval the adoption of these two resolutions to sell property acquired by county on tax foreclo- sure. Whatcom County Council Minutes - February 20, 1986 Page 13 The motion carried. The following ordinances were introduced and referred to the committees as noted: ORDINANCE AMENDING WHATCOM COUNTY CODE 20.83 CONCERNING CHANGING OF NONCONFORMING USES. (referred to Planning and Development Committee) ORDINANCE EXEMPTING A PLANNED UNIT DEVELOPMENT FROM THE REQUIREMENT OF OBTAINING A MAJOR DEVELOPMENT PERMIT. (referred to Planning and Development Committee) ORDINANCE TO REVISE THE 1986 MENTAL HEALTH FUND BUDGET (referred to Finance Committee) ORDINANCE INCREASING THE WHATCOM COUNTY PARK AND RECREATION BOARD'S SMALL CHANGE FUND. (referred to Finance Committee) ORDINANCE AMENDING ORDINANCE N0, 85 -97, AN ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL BUDGET OF WHATCOM COUNTY FOR THE YEAR 1986 AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN. (referred to Finance Committee) ORDINANCE REVISING THE 1986 CURRENT EXPENSE FUND, PRO- SECUTING ATTORNEY'S BUDGET THEREIN. (referred to Finance Committee) ORDINANCE TO ESTABLISH WEIGHT LIMITATIONS ON THE PORTION OF TELEGRAPH ROAD ACCESSING THE LIGHT IMPACT INDUSTRIAL ZONE MID) ALONG BAKERVIEW ROAD. (referred to Public Services) The meeting adjourned at 11:58 p.m. WHATCOM COUNTY CIL WHAT,COM COUNT WAS I TON ATTEST: 1 � U o ald G. (1iairman Carol Ebergso Clerk of the., ouncil