HomeMy WebLinkAboutCouncil January 13 19981
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WHATCOM COUNTY COUNCIL
REGULAR COUNCIL MEETING
January 13, 1998
The meeting was called to order at 7 p.m. by Council Chair Ward Nelson in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Tom Brown
Connie Hoag
Kathy Sutter
Robert Imhof
ANNOUNCEMENTS
Nelson announced in the Committee of the Whole meeting that pending litigation (AB98 -
020) was discussed in executive session. Continued discussion on Lummi water negotiations
(AB98 -020) also took place in executive session.
READING AND APPROVAL OF MINUTES
READING AND APPROVAL OF MINUTES FOR THE NOVEMBER 25 AND
DECEMBER 9, 1997, REGULAR COUNCIL MEETINGS; APRIL 15, 1997,
SPECIAL COUNCIL MEETING (SPECIAL PRESENTATION); DECEMBER
16, 1997, SPECIAL COUNCIL MEETING (COUNCIL MEETING AS THE
BOARD OF HEALTH)
Imhof moved to approve.
Motion carried unanimously.
SPECIAL ORDER OF BUSINESS
ANNUAL REORGANIZATION OF THE WHATCOM COUNTY COUNCIL
(AB98 -022)
Chair
Hoag nominated Brown.
Dawson nominated Imhof.
Brown nominated Brenner.
Council Minutes, 1/13/98, Page 1
I Imhof was appointed Council Chair.
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3 Vice Chair
4 Nelson nominated Dawson.
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6 Dawson was appointed Vice Chair.
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County Council Assignments
At Large
Marlene
Dawson
Ist Dist:
Ward
Nelson
Iat Dist:
Kathy
Sutter
2nd Dist.
Connic
Hoag
2nd Dist:
Tom
Brown
3rd
Robert
Imhof
3rd Dist:
Barbara
Bremer
Council Chairperson
X
Council Vice-Chairperson
X
Executive Pro - Tempore
X
Standing Committees:
Finance & Administrative Services
X
X
X
Planning & Develo ment
X
X
X
Public Works & Captital Projects
X
X
X
Natural Resources
X
X
X
Other Committee Assignments:
X
B'ham Intl Airport Advisory
Council of Governments (2)
X
X
Drayton Harbor Shellfish
Protection District
X
Economic Development Council
X
Forestry Forum
X
Health and Human Services
Advisory Board (2)
Health Dept. Advisory
Committee
Developmental Disabilities
Mental Health Advisory
Board
Substance Abuse Board
X
X
X
X
X
X
LEOFF Board
X
NSRSN
X
NW Air Pollution Authority
X
NW Re ional Council
X
Opportunity Council
X
Public Defense Advisory
Council Minutes, 1/13/98, Page 2
Solid Waste Advisory
X
Whatcom Transit Authority
X
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3 OPEN SESSION
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5 The following person addressed Council in open session:
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7 Mike Brennan, President, Whatcom Chamber of Commerce and Industry
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9 CONSENT AGENDA
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11 Imhof moved approval of items 1, 2, 3, 4, 5, 6, 10, 11, 12 and 15.
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13 Brown requested items 1, 3 and 15 be pulled from the agenda.
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15 Motion to approve items 2, 4, 5, 6, 10, 11 and 12 carried unanimously.
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17 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #97-
18 91 FOR THE ANNUAL SUPPLY OF ASPHALTIC EMULSIONS USED ON
19 COUNTY ROADS FOR THE CHIP SEALING PROGRAM TO THE LOWEST
20 RESPONSIVE BIDDER, KOCH MATERIALS, IN THE AMOUNT OF
21 $350,000 (AB98 -027)
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23 Jeff Monsen, Public Works Director, explained this item.
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25 Imhof moved to approve.
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27 Motion to approve carried unanimously.
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29 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #97-
30 92 FOR THE ANNUAL SUPPLY OF MINERAL AGGREGATES USED IN
31 ROAD PROJECTS TO THE LOWEST RESPONSIVE BIDDER IN EACH
32 CATEGORY, WITH ANTICIPATED AMOUNTS OF $35,000. IN SPECIAL
33 CIRCUMSTANCES AUTHORIZATION IS REQUESTED TO BE ABLE TO
34 SELECT THE SUPPLIER THAT BEST MEETS COUNTY REQUIREMENTS
35 (AB98 -028)
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37 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #97-
38 93 FOR THE ANNUAL SUPPLY OF RIPRAP ROCK USED IN DIKE AND
39 ROAD PROJECTS TO THE LOWEST RESPONSIVE BIDDER IN EACH
40 CATEGORY WITH AN ANTICIPATED AMOUNT OF $35,000. IN SPECIAL
41 CIRCUMSTANCES AUTHORIZATION IS REQUESTED TO BE ABLE TO
42 SELECT THE SUPPLIER THAT BEST MEETS COUNTY REQUIREMENTS
43 (AB98 -029)
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45 Jeff Monsen, Public Works Director, explained this item.
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Council Minutes, 1/13/98, Page 3
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Imhof moved to approve with the contingency that only qualified pits be used.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #97-
98 FOR RISC COMPUTERS TO THE LOWEST RESPONSIVE BIDDER,
SIRIUS COMPUTER SOLUTIONS LTD., IN THE AMOUNT OF $306,085
OVER A FIVE -YEAR PERIOD (AB98 -030)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY JAIL AND NORTH
CAMPUS PHARMACY FOR PHARMACEUTICAL SUPPLIES FOR THE
JAIL IN THE AMOUNT OF $49,000 (AB98 -031)
6. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY
TAXES AS PRESENTED ON EXHIBIT A BY THE COUNTY TREASURER
AND THE COUNTY AUDITOR, PURSUANT TO RCW 84.56.240 IN THE
AMOUNT OF $8,592.11 (AB98 -032)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY HEALTH &
HUMAN SERVICES DEPARTMENT AND CASCADE VOCATIONAL
SERVICES INCREASING THE NUMBER OF CLIENTS SERVED AND
EXTENDING THE TERM OF THE CONTRACT TO JUNE 30, 1998 IN THE
AMOUNT OF $62,778 (AB98 -033)
Nelson moved approval.
Motion carried unanimously.
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN THE STATE OF WASHINGTON, DEPARTMENT
OF SOCIAL AND HEALTH SERVICES, AND THE WHATCOM COUNTY
HEALTH DEPARTMENT RELATED TO MEDICAID ADMINISTRATIVE
ACTIVITIES IN A MAXIMUM BILLABLE AMOUNT OF $170,000 (AB98 -
034)
Imhof moved approval.
Motion carried unanimously.
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN THE WHATCOM COUNTY HEALTH & HUMAN
SERVICES DEPARTMENT AND THE WASHINGTON STATE
Council Minutes, 1/13/98, Page 4
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DEPARTMENT OF SOCIAL AND HEALTH SERVICES FOR THE HEALTH
PASSPORT PROGRAM IN THE AMOUNT OF $115,455 (AB98 -035)
Sutter moved approval.
Motion carried unanimously.
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR A FLOOD
CONTROL ASSISTANCE ACCOUNT PROGRAM GRANT IN THE AMOUNT
OF $9,185 (AB98 -036)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN THE VISITING NURSE PERSONAL SERVICES
AND THE WHATCOM COUNTY JAIL FOR INMATE HEALTH SERVICES
IN THE AMOUNT OF $247,435.45 (AB98 -037)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHEELER
ENVIRONMENTAL, INC. FOR COMPLETION OF THE DRAFT
ENVIRONMENTAL IMPACT STATEMENT FOR THE COUNTY'S
COMPREHENSIVE FLOOD HAZARD MANAGEMENT PLAN IN THE
AMOUNT OF $59,450 (AB98 -038)
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND RE SOURCES FOR
1998 PROMOTION PROGRAM FOR WASTE REDUCTION AND
RECYCLING /HOUSEHOLD HAZARDOUS WASTE IN THE AMOUNT OF
$57,000 (AB98 -039)
This item was held in Finance and Administrative Services Committee, which will meet
January 27.
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT NO. 1 TO AN AGREEMENT FOR CONSULTING SERVICES
BETWEEN WHATCOM COUNTY AND RE SOURCES TO ADMINISTER
THE LOCAL GRANT PROJECT TO RECYCLE CARPET AND PAINT WITH
FUNDING CARRYOVER FROM 1997 (AB98 -040)
This item was held in Finance and Administrative Services Committee, which will meet
January 27.
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT WITH ERICSSON INC. FOR TELEPHONE MAINTENANCE
Council Minutes, 1/13/98, Page 5
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SERVICE (AB98 -041)
George Reid, Information Services Manager, explained this item.
Imhof moved approval.
Motion to approve carried unanimously.
PUBLIC HEARING
1. ORDINANCE ESTABLISHING TIME LINES AND PROCEDURES FOR
SUBMITTAL OF PROPOSED AMENDMENTS TO WHATCOM COUNTY
CODE TITLE 20 AND THE OFFICIAL ZONING MAP FOR WHATCOM
COUNTY, PLANNING COMMISSION REVIEW, TRANSMITTAL OF
PROPOSED AMENDMENTS TO WASHINGTON STATE, AND COUNTY
COUNCIL APPROVAL THEREOF (AB97 -409)
(Clerk's Note: There was no audiotape for this portion of the meeting. Minutes are
excerpted from Council Member Hoag's notes of the meeting.)
Sylvia Goodwin, Planning Division Manager, gave a staff report.
Imhof opened the public hearing, and the following person spoke:
Roger Almskaar requested the Council leave the record on this issue open. He supported
the suggested revisions to section 20.90.030. The review schedule, section 20.90.090, seemed to
be too slow. Text as well as maps should be included in the amendments.
Hearing no one else, Imhof closed the public hearing.
Imhof moved to hold in committee.
Motion to hold in committee carried unanimously.
2. ORDINANCE ESTABLISHING TIME LINES AND PROCEDURES FOR
SUBMITTAL, INITIATION, REVIEW AND APPROVAL OF PROPOSED
COMPREHENSIVE PLAN AMENDMENTS (AB97 -410)
Sylvia Goodwin, Planning Division Manager, gave a staff report.
Imhof opened the public hearing, and the following person spoke:
Council Minutes, 1/13/98, Page 6
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Roger Almskaar
Hearing no one else, Imhof closed the public hearing.
Brown moved to hold in committee for two weeks (January 27).
Motion to hold in committee carried unanimously.
3. ORDINANCE ADOPTING SHORT TERM PLANNING AREA OVERLAY MAPS TO
IMPLEMENT THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB97 -170B)
(Clerk's Note: There was no audiotape for this portion of the meeting. Minutes are
excerpted from Council Member Hoag 's notes of the meeting.)
Sylvia Goodwin, Planning Division Manager, gave a staff report.
Imhof opened the public hearing, and the following people spoke:
Kurt Denke, Seattle, urged adoption of the ordinance right away. He currently has
an appeal before the Western Washington Growth Management Hearings Board. That
appeal would be moot if map #28 is adopted.
Muriel Terry, Drayton Harbor Association, requested Drayton Harbor be included.
The Lincoln area had been zoned UR4 for a long time and has now been downzoned to
R5.
Karen Halderson, Blaine, stated her area would be downzoned from four units per
acre to one unit per five acres. The property is within the water district boundary and it
isn't good farmland.
Sherilyn Wells, 1020 Geneva, Bellingham, stated that the maps are not internally
consistent with the Comprehensive Plan policies, especially regarding water quality and
Lake Whatcom. There are new studies on the effect of pesticides on reproduction and on
municipal dumping in Agate Bay. The dump near Agate Bay is not lined. Many
industrial chemicals have been dumped there. Impact fees do not cover the costs of
drainage. The Summit View development would drain into Basin 1. The State
Department of Ecology has said the lake is in danger of being listed as a clean up site.
The State Department of Natural Resources has studies regarding the shoreline. 80% of
fish spawning is done along the shoreline. The Council needs to access that data. County
staff recommended denial of Scheckter's pier.
Pete Terry, 5238 Drayton Harbor Road, Blaine, stated that in his area, there are 12
houses that are 30' to 50' above sea level. Semiahmoo is developing and has marked new
growth. All rely on on -site sewage systems that are failing. There is much flooding. The
Health Department has required the residents to install an expensive system or move out
Council Minutes, 1/13/98, Page 7
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of the area. Holding tanks will not work.
Hearing no one else, Imhof closed the public hearing.
Nelson moved to adopt the interim ordinance that is currently in place as an emergency
ordinance.
There was discussion on the motion. Topics included vesting and adoption of the
ordinance on an interim basis vs. adoption on an emergency basis.
Brenner moved to amend the motion to include Summit View.
There was discussion on the motion.
(Clerk's Note: A five- minute break was taken)
Imhof moved to adopt the ordinance on packet pages 216 -225 and maps attached as an
emergency ordinance. (This will carry for 60 days.)
(Clerk's Note: Summit View is included in Imhof's motion.)
Sylvia Goodwin, Planning and Development Services Manager, commented.
There was discussion on the motion.
Motion to adopt as an emergency ordinance carried 6 -1 with Hoag opposed.
Brenner moved to discuss the regular ordinance in Planning and Development Committee
on January 27.
Motion carried unanimously.
4. ORDINANCE ADOPTING DEVELOPMENT REGULATIONS RELATED TO
GROWTH MANAGEMENT AND LAND USE DEVELOPMENT FOR THE
PURPOSES OF REGULATORY CONSISTENCY WITH THE OFFICIAL
WHATCOM COUNTY COMPREHENSIVE PLAN (AB97 -169B)
(Clerk's Note: There was no audiotape for this portion of the meeting. Minutes are
excerpted from Council Member Hoag's notes of the meeting.)
Carl Batchelor, Senior Planner, Planning and Development Services, gave a staff report.
He requested Council adopt the interim regulations on an emergency basis and continue the
public hearing until the next Council meeting (January 27).
Council Minutes, 1/13/98, Page 8
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Imhof opened the public hearing, and the following people spoke:
Roger Almskaar stated that he supported a minimum lot size. 15,000 square feet is
too big, 10,000 square feet would be better. People should be given a choice. He also
supported exempt cluster tracts. He would like to see in the development standards 30%
extended to public benefits, such as a block of trees. Limit 10 lots per cluster.
(Clerk's Note: Tape 1, side B)
Sherilyn Wells, 1020 Geneva, Bellingham, discussed section 58.17.170. Pre-
existing platting doesn't commit the County.
Lesa Starkenburg - Kroontje, Front Street, Lynden, urged language changes before
adoption.
Hearing no one else, Imhof closed the public hearing.
Nelson moved to adopt the interim ordinance (97 -040) as an emergency and put the
regular ordinance into the Planning and Development Services Committee.
Motion to adopt carried 6 -1 with Brenner opposed.
OTHER ITEMS
1. REQUEST AUTHORIZATION TO ENTER INTO AMENDMENT NO.4 TO
THE AGREEMENT BETWEEN WHATCOM COUNTY AND CORPOLONGO
& QUELCH FOR COURT REPORTER SERVICES FOR THE HEARING
EXAMINER'S OFFICE (AB97 -415)
Nelson moved to approve.
Motion carried unanimously.
2. ORDINANCE AUTHORIZING ADOPTION OF A BIENNIAL BUDGET FOR
FISCAL YEAR 1999 - 2000 (AB97 -407)
Nelson moved to adopt.
There was discussion on the motion.
Pete Kremen, Executive's Office, commented.
Motion to adopt the ordinance carried 4 -3 with Hoag, Brenner and Brown opposed.
Council Minutes, 1/13/98, Page 9
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3. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS (AB97-
321B)
Board of Equalization, Alternate
Imhof opened the nominations.
Nelson nominated Jerome Nevin.
Hearing no other nominations, Imhof moved approval of Nevin by acclamation.
Motion carried unanimously.
Open Space Advisory
Nelson moved approval of Greg Schubert and Joe Burton by acclamation.
Motion carried unanimously.
SWAC- Public Interest
Nelson moved approval of Joann Ernst.
Motion carried unanimously.
4. RESOLUTION IN SUPPORT OF SPONSORING AN ECONOMIC SUMMIT
AND THE CREATION OF A WHATCOM COUNTY ECONOMIC PLAN
(AB98 -026)
Sutter gave background on the resolution.
Dawson moved approval.
Motion to approve carried unanimously.
5. RESOLUTION SUPPORTING THE NORTH SOUND CONNECTING
COMMUNITIES PROJECT (AB98 -025)
Sutter gave background on the resolution and moved approval.
Brown stated that he will be abstaining from voting on this issue, as he felt he had
insufficient background information.
Council Minutes, 1/13/98, Page 10
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Motion to approve carried 6 -0 with Brown abstaining.
6. REQUEST APPROVAL FOR WHATCOM COUNTY ETHICS COMMISSION
APPOINTEES: PHYLLIS ENTRIKIN, LARRY ESTRADA, JIM KAEMINGK
SR., SUSAN TRIMINGHAM, AND DANIEL ZENDER (AB98 -042)
Imhof moved to approve the request.
Pete Kremen, County Executive, commented.
Brenner moved to vote on each member individually. After learning that she was not able
to make the motion, she spoke against Kaemingk.
Motion to approve carried 6 -1 with Brenner opposed.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Sutter briefly spoke to her reports which were distributed to Council members regarding
an economic development meeting; a flood advisory committee meeting; and the Drayton Harbor
Shellfish Advisory Committee meeting.
TCI Late Charges (AB97- 037A): Dawson noted a settlement was reported in the
newspaper today.
Dawson inquired of committee times. Imhof stated they will remain as last year unless
changed in committee.
Nelson thanked everyone for his support during Nelson's chairmanship.
TCI Late Charges (AB97- 037A): Brenner commented about this matter.
Local Phone Service (AB97 -324): Brenner reported on follow up from a meeting in
Everson.
ADJOURN
The meeting was adjourned at 10:05 p.m.
Elizabeth Bennett, Records Transcription
Council Minutes, 1/13/98, Page 11
I These minutes were approved by Council on _September 21 1999.
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3 ATTEST: WHATCOM COUNTY COUNCIL
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WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Robert Imhof, Council Chair
Council Minutes, 1/13/98, Page 12