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HomeMy WebLinkAboutCounty Council February 6 1986WHATCOM COUNTY COUNCIL MINUTES - FEBRUARY 6, 1986 The Whatcom County Council was called to order at 7:35 p.m. by Chairman Hansey, with all members present. MINUTES The minutes of the Whatcom County Council, held on January 16, 1986, were approved as written. EXECUTIVE ITEMS AN 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 Executive Shirley Van Zanten presented a redraft of the agreement with the City of Ferndale regarding the receiving and processing of leachate. She stated that this redraft of the agreement was requested at the Committee of the Whole meeting of January 28th, 1986. Executive Van Zanten also presented copies of two letters - one from Paul Rushing, Director of Public Works, and the other one from Larry Kinley, Chairman of the Lummi Indian Business Council. She referred the Councilmembers to the first paragraph of Paul Rushing's letter in which he informed the Executive that a meeting took place on February 4th in Ferndale between himself, Randy Watts, Deputy Prosecuting Attorney; Ronald Peterson, City Manager of Ferndale, and Ferndale's legal advisor, Gary Cuillier, to discuss the proposed contract between the City of Ferndale and Whatcom County. Chairman Hansey informed the councilmembers that John Glynn from the Department of Ecology telephoned him that day stating that he had not had time get his letter out in time for this council meeting pertaining to some of the questions that were raised about the D.O.E.'s position in this matter. Randy Watts, Deputy Prosecuting Attorney, explained some of the changes in the Agreement for Construction, Operation and Maintenance of Pre - Treatment Facilities for Pre- Treatment and Disposal of Leachate at the Ferndale Wastewater Treatment Plant. There was lengthy discussion on the proposed changes to the agreement. Councilmember Muenscher left the meeting at 8 :00 p.m. Councilmember Muenscher returned to the meeting at 8:05 p.m. Whatcom County Council Minutes - February 6, 1986 Page 2 Paul Rushing, Director of Public Works, responded to the Councilmembers' questions about the capability of the county roads to handle the additional traffic. Mr. Rushing informed the Council that the county roads are capable of handling any additional traffic under normal conditions. Randy Watts, Deputy Prosecuting Attorney, explained the changes in the draft of the agreement. There was further discussion on the redraft of the proposed contract between the City of Ferndale and Whatcom County for receiving and processing of leachate. Executive Van Zanten requested authorization to enter into the Agreement 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 RECOMMEND THAT THE PROPOSED AGREEMENT FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF PRE - TREATMENT FACILI- TIES FOR PRE - TREATMENT AND DISPOSAL OF LEACHATE.AT THE FERNDALE WASTEWATER TREATMENT PLANT BE REFERRED TO THE COMMITTEE OF THE WHOLE. Hawley spoke to his motion. Muenscher spoke against the motion. Warner spoke about his conversation with personnel at Georgia - Pacific Corporation about their leachate operations and feels that there might be other alternatives that the ebuncil could look at. Executive Van Zanten explained the background on the various steps that were taken before arriving at this proposal for receiving and processing leachate. Johnson raised some questions about the County's flexibility to handle additional leachate flows from other landfills if the need should develop. Marty Harper, Consulting Engineering for the County, from Harper and Owes, responded to the effect that he felt that the County could handle additional leachate flow. Hawley spoke to the issue. Chairman Hansey restated the motion. Whatcom County Council Minutes - February 6, 1986 Page 3 Hawley spoke further to the issue. The motion failed. A roll call vote was taken at the request of Councilmember Hawley. The motion failed, (3 -4, Hansey, Roehl, Warner, Muenscher) 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. Warner requested a delay in voting on the motion until he could procure further information on the subject of leachate. JOHNSON MOVED TO POSTPONE FURTHER CONSIDERATION FOR TWO WEEKS AUTHORIZATION TO SIGN THE PROPOSED CONTRACT. Roehl spoke in favor of the motion to postpone the decision so that Councilmembers Warner and Burton would have more time to study the matter of leachate. The motion to postpone further consideration for two weeks carried. Chairman Hansey stated that Muenscher motion would be before the Council at its next meeting. Councilmember Muenscher left the meeting at this time. ANIMAL CONTROL CONTRACT Executive Van Zanten explained the background on the Animal Control Contract. Executive Van Zanten distributed a modified Animal Control Services Contract which was presented to the Finance Committee at its February 4th meeting. Executive Van Zanten explained to the Council the change in the proposed contract with the Humane Society stating that the monthly rate would be $6,666.67, effective March 1, 1986, totalling $66,666.70 for the full year. Van Zanten stated also that the Humane Society has been paying $8,291.66 per month for the months of January and February, 1986, which is at the previous 1985 rate. The total amount of the Animal Control Whatcom County Council Minutes - February 6, 1986 Page 4 contract would be $83.250.02 for 1986 which is $3,250.02 over the allocated budget amount. Van Zanten explained to the council the changes in the services area of the contract with the Humane Society. Executive Van Zanten requested authorization to enter into this contract with the Humane Society. There was lengthy discussion on the proposed contract with the Humane Society. HAWLEY MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO THE MODIFIED ANIMAL CONTROL SERVICES CONTRACT IN THE AMOUNT OF $83,250.02. There was further discussion on the proposed modified contract. Mary Henry, Executive Director of the Humane Society, responded to the questions raised by Councilmember Johnson. There was further discussion between the Councilmembers, Executive Van Zanten, and Mary Henry, Executive Director of the Humane Society. Chairman Hansey restated the motion. Councilmember Roehl, Chairman of the Finance Committee, reported that the Finance Committee's recommendation to the Council is not to exceed $80,000.00 during 1986, for animal control services. There was further discussion. Executive Van Zanten explained to the Council that there is presently a five -year contract with the Humane Society, with one year being used, and that the dollar amount would be negotiated each year. Randy Watts, Deputy Prosecuting Attorney, suggested that the Council present to the Humane Society the level of services and costs which would be compatible with the budget. Hawley withdrew his motion. HAWLEY MOVED TO REQUEST THE EXECUTIVE TO RE -ENTER NEGOTIA- TIONS WITH THE HUMANE SOCIETY AND STAY WITHIN THE $80,000.00, 1986 TOTAL DOLLAR EXPENSE. Whatcom County Council Minutes - February 6, 1986 Page 5 Executive Van Zanten spoke to the motion. Chairman Hansey spoke to the motion. Hawley spoke to the motion. Roehl spoke to the motion. Chairman Hansey restated the motion. The motion carried. BID AWARD RECOMMENDATION. SUPPLY OF LUBRICATING OIL. BOSMAN FUELS Executive Van Zanten explained the background on the bid award recommendation for the supply of lubricating oil to the low bidder, Bosman Fuels, for a total estimated annual cost of $15,656.00, plus sales tax. Councilmember Roehl reported that the Finance Committee had reviewed the bid award recommendation and had recommended approval of Bosman Fuels' bid. time. The motion carried. Councilmember Muenscher returned to the meeting at this OVERLIMIT TRANSFER - COUNTY PARK FUND - $20,860.00 Executive Van Zanten requested that this item be added to the agenda and explained the background of this request for a overlimit transfer. Councilmember Roehl reported that the Finance Committee had reviewed and recommended approval of the overlimit transfer, County Park Fund, in the amount of $20,868.00. The motion carried. BOARD APPOINTMENTS Executive Shirley Van Zanten requested confirmation of the appointments to the following Boards: Whatcom County Council Minutes - February 6, 1986 Page 6 A. Alcoholism Administrative Board For Reappointment: Jim Brooks - Art George New Appointment: Ron Clark - Ethel Carpenter B. Boundary Review Board Nominee: Allan Ramerman Carl Nielsen C. Developmental Disabilities Board For Reappointment: Don Wenke - Stan Bechtol New Appointment: Dick Jacobson - Terry Collins - Jane Berry D. Mental Health Board For Reappointment: Virginia Savey - Bob Peach - Mary Ellen O'Keefe New Appointment: William Attebery - Pauline Stevenson E. Nor -Bell Nursing Home Board For Reappointment: Dr. Burdette Hansen New Appointment: Heinz Klausli F. Whatcom County Rural Library Board For Reappointment: Frances Protzeller JOHNSON MOVED TO CONFIRM ALL THE EXECUTIVE APPOINTMENTS AS PRESENTED IN THE AGENDA. The motion carried The meeting recessed at 9 :25 p.m. The meeting reconvened at 9 :35 p.m. OPEN SESSION Chairman Hansey invited anyone from the audience to speak on county government. There was no response from the audience. Whatcom County Council Minutes - February 6, 1986 Page 7 HEARINGS PETITION FOR LOT LINE VACATION BETWEEN LOTS 87 AND 88, DIVISION 3 OF PARADISE LAKES COUNTRY CLUB, FILED BY CLINTON BROWN. The hearing was declared open in the matter of the petition for lot line vacation, filed by Clinton Brown. Since there was no one present to testify, the public hearing was closed. Councilmember Muenscher reported that the Planning and Development Committee had reviewed this matter and recommended approval of the lot line vacation between lots 87 and 88, Division 3 of Paradise Lakes Country Club. MUENSCHER MOVED TO APPROVE THE LOT LINE VACATION BETWEEN LOTS 87 AND 88, DIVISION 3 OF PARADISE LAKES COUNTRY CLUB, FILED BY CLINTON BROWN. The motion carried. FINAL CONSIDERATION OF ORDINANCES AND RESOLUTIONS ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY WASHINGTON, AUTHORIZING AN INTERFUND LOAN OF $16,746.31 FROM WHATCOM COUNTY EQUIPMENT RENTAL AND REVOLVING FUND TO WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 6 FUND, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF IMPROVEMENTS IN ROAD IMPROVEMENT DISTRICT NO. 6 Councilmember Roehl reported that the Finance Committee had reviewed and recommended adoption of this ordinance. ROEHL MOVED TO RECOMMEND ADOPTION OF THE ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, AUTHORIZING AN INTERFUND LOAN OF $16,746.31 FROM WHATCOM COUNTY EQUIPMENT RENTAL AND REVOLVING FUND TO WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 6 FUND, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF IMPROVEMENTS IN ROAD IMPROVEMENT DISTRICT NO. 6. The motion carried unanimously. Whatcom County Council Minutes - February 6, 1986 Page 8 OTHER BUSINESS CONSIDERATION OF THE APPEAL TO REVIEW THE DECISION OF THE HEARING EXAMINER REGARDING VARIANCE, V- 18 -85, FILED BY ROBERT KIEL Muenscher spoke on the matter of conflict of interest, stating that he has had contact with Mr. Kiel and informed the Council that he would be voting on the appeal. ROEHL MOVED THAT THE COUNCIL OVERTURN THE DECISION OF THE HEARING EXAMINER REGARDING VARIANCE, V- 18 -85, FILED BY ROBERT KIEL, BASED BOTH ON AN ERROR OF LAW AND WHEN IT IS NOT SUPPORTED BY THE ENTIRE RECORD. Roehl spoke to his motion. Chairman restated the motion. Warner spoke against the motion. Johnson spoke to the motion. The motion carried. The following five (5) items were referred to the places as noted below: APPEAL TO REVIEW A DECISION OF THE HEARING EXAMINER REGAR- DING INTERPRETATION OF THE ZONING OFFICER, ORDINANCE, SECTION 2.24.510.090, FILED BY JOE ELENBAAS. Place on file in County Council office until record is filed. APPEAL TO REVIEW A DECISION OF THE HEARING EXAMINER RE- GARDING SHORELINE VARIANCE 5 -85 AND SHORELINE CONDITIONAL USE 5 -85, FILED BY ALVIN KOETJE. Record is on file in County Council office. PETITION TO VACATE LOT LINE BETWEEN LOTS 29 AND 30 OF DIVISION 14 OF SUDDEN VALLEY, FILED BY KIRK AND LISA LEABERRY. Application is referred to Planning and Development Commit- tee. Whatcom County Council Minutes - February 6, 1986 Page 9 PETITION TO VACATE LINE BETWEEN LOTS 66 AND 67 IN DIVISION 28 OF SUDDEN VALLEY, FILED BY A.L. AND M.J. BJORKSTAM. Referred to Planning and Development Committee. APPLICATION FOR OPEN SPACE TIMBER LAND CLASSIFICATION, FILED BY DUANE AND ANN SAMMONS. Application is referred to Planning Commission. APPOINTMENTS OF COMMISSIONER, SUPERVISOR AND DIRECTORS FOR POSITIONS ON THE GOVERNING BODY OF SPECIAL DISTRICTS OF DRAINAGE DISTRICTS, DRAINAGE IMPROVEMENT DISTRICTS, CON- SOLIDATED DRAINAGE IMPROVEMENT DISTRICTS AND FLOOD CONTROL DISTRICT. Johnson reported that the Public Services Committee had reviewed and recommended approval of adjusting the terms of service for the positions on the governing body of special districts and the appointments of commissioners, supervisors and directors of the special districts. Johnson also reported that the persons who have been appointed to these positions be notified that a bond is required. Johnson commended Joanne Miller, District Manager, Whatcom County Conservation District, for the work she has done for the County Council in compiling this information. Joanne Miller, District Manager, Whatcom County Conservation District, spoke to the Council on the matter of bonding. There was lengthy discussion about the bonding issue as it pertains to commissioners, supervisors and directors of the special districts. ROEHL MOVED THAT THE COUNCIL ADJUST THE TERMS OF SERVICE FOR THE POSITIONS AS COMMISSIONER, SUPERVISOR AND DIRECTOR APPOINT- MENTS AND SET THE BOND LIMIT AT $1,000.00 AND REQUEST COUNCIL'S LEGAL COUNSEL TO DRAFT A RESOLUTION. There was further discussion on the motion. Roehl withdrew his motion. Whatcom County Council Minutes - February 6, 1986 Page 10 JOHNSON MOVED THAT THE COUNCIL SET THE BONDING AT $1,000.00 FOR THE SPECIAL DISTRICTS ACCORDING TO CHAPTER 396, LAW OF 85, SECTION 9, OF THE STATE LEGISLATURE AND APPROVE ALL NOMINATIONS FOR THE COMMISSIONER, SUPERVISOR, AND DIRECTORS APPOINTMENTS. The motion carried. APPOINTMENT OF CHARLES SNYDER AS HEARING EXAMINER ROEHL MOVED THAT THE COUNCIL APPROVE THE APPOINTMENT OF CHARLES SNYDER AS HEARING EXAMINER. Chairman Hansey restated the motion. Johnson asked if Mr. Charles Snyder was at the meeting; Mr. Snyder was introduced at that time. The motion carried. RESIGNATION OF FRED WENDOVER FROM HEALTH BOARD Chairman Hansey announced the resignation of Fred Wendover from the Health Board and that nominations will be made at the next Council meeting. ROEHL REQUESTED THAT THE FOLLOWING TWO ITEMS BE ADDED TO THIS SECTION OF THE AGENDA: NACO REQUEST FOR $1,110.00 IN SPECIAL ASSESSMENT TO LOBBY FOR THE CONTINUANCE OF FEDERAL SHARED REVENUE Councilmember Roehl reported that the Finance Committee had received this request from the County Executive's office. Roehl reported that the Finance Committee felt that this request for $1,110.00 for lobbying should be brought before the Council for discussion. Muenscher spoke in favor of approving this request for $1,110.00 for lobbying of federal shared revenue. MUENSCHER MOVED THAT COUNCIL PAY ONE -TENTH OF ONE PERCENT OF WHAT WHATCOM COUNTY RECEIVES IN REVENUE SHARING MONEY FOR THE YEAR 1986 FOR LOBBYING PURPOSES TO NACO. Chairman Hansey stated that the Council could not appro- priate money in the form of a motion and that an ordinance would have to be drawn up if this is approved. Whatcom County Council Minutes - February 6, 1986 Page 11 Warner spoke against the motion. Hawley spoke for the motion. Johnson spoke for the motion. Roehl spoke against the motion. The motion carried. ORDINANCE TO REVISE THE 1986 CURRENT EXPENSE FUND MEDICAL EXAMINER'S BUDGET THEREIN Roehl reported that the Finance Committee and reviewed and recommended approval of this ordinance. ROEHL MOVED TO ADOPT THE ORDINANCE TO REVISE THE 1986 CURRENT EXPENSE FUND MEDICAL EXAMINER'S BUDGET THEREIN. The motion carried unanimously. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ( *CONSENT ITEMS) The following ordinances were introduced by consent and referred as noted below: 1. AN 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 (refer to Finance) 2. AN ORDINANCE TO REVISE THE 1986 WHATCOM COUNTY CURRENT EXPENSE FUND, DISTRICT COURT, PROSECUTING ATTORNEY, AND PUBLIC DEFENDER BUDGETS THEREIN (refer to Finance) RESOLUTION IN THE MATTER OF AMENDING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 1986 ROEHL MOVED TO INTRODUCE AND ADOPT A RESOLUTION IN THE MATTER OF AMENDING A SALARY SCHEDULE FOR THE UNREPRESENTED Whatcom County Council Minutes - February 6, 1986 Page 12 Roehl reported that the Finance Committee had reviewed and recommended approval of the resolution. The motion carried. The following ordinances were added to the agenda for introduction and referred as noted below: AN 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 (refer to Planning and Development) AN ORDINANCE TO REVISE THE 1986 FEDERAL SHARED REVENUE FUND, JAIL ARBITRATION BUDGET (refer to Finance) ADD TO OTHER BUSINESS OPEN SPACE APPLICATIONS Raymond Barnholt, Tony Johnson - Timber Land Nancy Christensen, Don Easterbrook - Open Space Councilmember Muenscher reported that the Planning and Development Committee had reviewed the Planning Commission's recommendations and concurred with their recommendations for approval of the Open Space applications. Whatcom County Council Minutes - February 6, 1986 Page 13 MUENSCHER MOVED TO RECOMMEND APPROVAL OF THE OPEN SPACE APPLICATIONS FROM BARNHOLT, JOHNSON, CHRISTENSEN, AND EASTERBROOK AS PER THE PLANNING COMMISSION'S RECOMMENDATIONS. The motion carried. The meeting adjourned at 10 :35. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON onald nse Chairma ATTEST: Carol Ebergson Clerk of the Council A:cnclmin2.66