HomeMy WebLinkAboutCouncil June 2 1998I WHATCOM COUNTY COUNCIL
2 Regular Council Meeting
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4 June 2, 1998
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6 The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the Council
7 Chambers, 311 Grand Avenue, Bellingham, Washington.
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9 Also Present: Absent:
10 Barbara Brenner Marlene Dawson
11 Tom Brown
12 Connie Hoag
13 Kathy Sutter
14 Ward Nelson
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16 ANNOUNCEMENTS
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18 Imhof announced the Council was updated by Attorney Sandy Mackey on Growth
19 Management litigation (AB98 -020) regarding Growth Management issues during Committee of the
20 Whole executive session. Also, he requested the Prosecuting Attorney's office look into how the
21 County authorizes contract projects and what they can do without the Council's authority.
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23 Nelson clarified the specific issues to be addressed by the Prosecutor. There are certain
24 requirements in contract negotiations, the extension of funding, and the extension of the scope of work.
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26 Brenner moved to send the letter.
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28 Motion carried unanimously.
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30 Sutter announced that, regarding the Planning Commission hearing scheduled for the upcoming
31 Thursday, issues might be resolved by the courts. People are welcome to give testimony Thursday night
32 or they could wait until after September when the courts have made their decision.
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34 Kremen stated that he encouraged the Approval of the Memorandum of Agreement between
35 Whatcom County, Lummi Tribe, and Nooksack Tribe as amended by the Lummi Tribe (AB98-
36 193). He further stated that there were concerns raised by Lummi members which resulted in the two
37 additions to the MOA. The first change, adding the language regarding habitat and hydro, were actually
38 omissions that were left out of the original agreement. The second change was a recommendation of
39 actions to implement the purpose of the agreement, which was for clarity's sake only. It didn't change
40 the intent at all. He encouraged the Council to approve the document with the two changes.
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42 Sutter questioned whether the term `hydro' meant water. Kremen stated that it did.
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44 Brenner stated that she thought it meant hydro projects.
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46 Imhof moved approval of the MOA as amended.
Regular Council Minutes, 6/2/98, Page 1
2 Motion carried unanimously.
4 OPEN SESSION
6 The following people addressed Council:
8 Dave Chesson, Bellingham, spoke regarding correspondence from Council Member
9 Marlene Dawson to Federal legislators regarding an article in the Lummi Tribal newspaper. Her
10 actions should be reviewed for ethical conduct and the Council should remove her from the
11 Tribal Relations Committee.
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13 Chris Hatch, 103 E. Holly, Bellingham, asked for Council support regarding his
14 application for appointment to the Whatcom County Board of Equalization.
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16 Sherilyn Wells, 1020 Geneva, Bellingham, spoke regarding the Council's appeal to
17 Superior Court regarding Growth Management. She urged Council to withdraw portions of the
18 appeal. She also spoke regarding pending rezones before the Council. Council must justify a
19 rezone with valid reasons. Last, Birch Bay - Blaine water resource issues are not concluded.
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21 Joanne Ernst, 1815 Wilson Avenue, spoke in support of a new position in the Solid
22 Waste Division of the Public Works Department. The contract is currently contracted out to
23 private enterprises. It has been done very well. There is not enough time to make the decision at
24 this meeting. She recommended the item be held in committee.
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26 Jeff Brown, Epicenter Associate Incorporated, Franklin Street, spoke regarding the
27 recycling hazardous waste program. A Request for Proposals (RFP) was issued at the beginning
28 of May, on which his company bid. Public Works also requested an additional full -time
29 equivalent (FTE) employee to do this same work. This is a back down from levels of service.
30 The current service levels that are stated are unrealistic. This should be sent back to committee
31 to determine the level of service desired by the County.
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33 Hoag questioned how he became aware that this process was occurring. Brown stated
34 that the RFP was advertised in the Bellingham Herald. He had done contract work with the
35 County. He received a call from the Solid Waste Division that this issue would be before the
36 Council at this meeting. He found out about it after the Finance meeting.
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38 Hoag questioned why Joanne Ernst was the only person who knew of the discussion
39 during committee. It wasn't on the agenda and another bidder did not know about it either.
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41 Ravyn Whitewolf, Public Works Solid Waste Division, stated that the reason Ernst knew
42 about the meeting was because she called and asked what the process was regarding the REP
43 review. She was the only candidate that called. They felt it would be fair, based on the concerns
44 the Council raised in committee, to contact the other bidders and ask that they attend.
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46 Brenner questioned why the Council did not get any paperwork about the issue.
Regular Council Minutes, 6/2/98, Page 2
2 Whitewolf stated that the information was given to the Executive's office. The reason it
3 was not forwarded to the Council was because they are not talking about any additional County
4 funds in this position.
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6 Nelson stated that this discussion came up in Finance Committee and could be answered
7 when it comes up on the agenda.
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9 Carl Weimer, RESources, stated that he also did not know that this issue was coming
10 before the Council. He questioned the RFP level of service. He currently has five different
11 people working on the contract. It is not realistic to expect only one staff person to maintain the
12 same level of service.
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14 CONSENT AGENDA
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16 Nelson reported for Finance and Administrative Services Committee and moved approval of
17 items 1 through 5.
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19 Motion carried unanimously.
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21 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID AND ENTER
22 INTO A CONTRACT WITH THE BELLINGHAM HERALD AS WHATCOM COUNTY'S
23 OFFICIAL NEWSPAPER FOR OFFICIAL PRINTING SERVICES (AB98 -217)
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25 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONSULTANT
26 AGREEMENT BETWEEN WHATCOM COUNTY AND REID MIDDLETON, INC., FOR
27 THE PRELIMINARY ENGINEERING DESIGN OF THE RECONSTRUCTION OF PARK
28 ROAD, FROM SOUTH BAY DRIVE TO SR 9, CRP 998002, IN THE AMOUNT OF $145,903
29 (AB98 -218)
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31 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -55 FOR THE
32 GENERAL SUPPLY OF CONCRETE DOLO STRUCTURES AND SUPPLIES, FOR THE
33 DEMING DIKING DISTRICT SANDE BANK REPAIR PROJECT, TO THE LOWEST
34 RESPONSIVE BIDDER, BELLINGHAM MARINE INDUSTRIES, IN THE AMOUNT OF
35 $76,477.63 (AB98 -219)
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37 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -56 FOR THE
38 COUNTY'S SUPPLY OF CONCRETE BOX CULVERT WITH TIDE FLAP GATES, FOR
39 THE LUMMI SEAWALL CULVERT PROJECT, TO THE LOWEST RESPONSIVE BIDDER,
40 OCEAN CONSTRUCTION SUPPLIES LTD., IN THE AMOUNT OF $87,425.80 (AB98 -220)
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42 5. RESOLUTION SETTING THE HEARING AND NOTICE OF HEARING TO DECLARE
43 PROPERTY SURPLUS (AB98 -221)
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45 PUBLIC HEARING
46
Regular Council Minutes, 6/2/98, Page 3
1 1. ORDINANCE AMENDING WCC 8.28 LITTER AND ILLEGAL DUMPING
2 ENFORCEMENT (AB98 -211)
4 Ravyn Whitewolf, Public Works, Solid Waste Division, gave a staff report and stated that
5 this ordinance was one of the goals of the Litter and Illegal Disposal Committee. This ordinance
6 includes an added definition of illegal dumping, provides a measure to enforce unsecured loads, adopts
7 State law and State penalties for litter, illegal dumping, and unsecured loads. The ordinance also enables
8 the County Health Officer and Sheriff to designate trained employees that can be vested with police
9 powers to enforce the chapter. This allows for stricter, more immediate enforcement. The Sheriff's
10 Department, Health Department, and Public Works Department all helped to create this proposal.
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12 Brown expressed a concern about investing Parks and Health Department personnel with police
13 powers. Whitewolf responded that this is a limiting vesting power. Currently, some Parks Department
14 employees are already vested as deputized sheriff officers. The key to the enforcement is to not have a
15 cumbersome policy.
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17 Imhof opened the public hearing, and hearing no one, closed the public hearing.
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19 Brenner moved approval of the ordinance.
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21 Brenner questioned if the issue of unsecured loads is already addressed through original
22 agreements with the disposal sites. Whitewolf responded that this improves enforcement that has not
23 been happening.
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25 Brenner moved to amend packet page 347, section 8.28.020(N), line 2 of the definition of
26 "Nuisance ", to remove the word "annoy."
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28 Whitewolf stated that this word is a state definition and is also in the health code.
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30 Brenner asked if the word must legally be included in the definition. Whitewolf responded that
31 several areas in the ordinance refer to the word "nuisance ". Brenner clarified that she did not object to
32 the word "nuisance," only the word "annoy." There was discussion about the subjectivity of the word.
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34 Motion carried unanimously.
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36 Karen Frakes, Senior Civil Deputy Prosecutor, stated that an advantage to matching language to
37 state statute is that case law is based on the state statute. Changing the one word could change the
38 applicability of case law.
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40 Whitewolf stated that her concern is that the word "nuisance" is already demonstrable in other
41 ordinances that are being enforced. The Health Department gave this definition to her.
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43 Pete Kremen, County Executive, stated that, by omitting the word "annoy," Council would make
44 a statement that they are making the Code amendment less strict and not as immediately enforceable.
45 He recommended Council leave the language as it is unless they have more legal research and a legal
46 opinion rendered.
Regular Council Minutes, 6/2/98, Page 4
2 Nelson stated the Advisory Committee had this same discussion and their conclusion was that
3 there needs to be a clear delineation of the parameter of the word "annoy."
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5 Imhof moved to table the issue to committee in two weeks.
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7 Imhof withdrew his motion for more discussion.
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9 Hoag stated that she would like assurance that this definition is exactly the same as the state
10 definition.
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12 Brenner stated she does not need a legal opinion on the discussion. She does not want the word
13 in the definition.
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15 Sutter stated she would like to know if the word "annoy" had ever been legally challenged at the
16 state level or while in the Health Code.
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18 Nelson moved to remand the amendment back to Council for discussion.
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20 Brown questioned the definition of "rubbish."
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22 (Clerk's Note: End of tape one, side B)
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24 He asked for clarification of illegal dumping of yard waste onto one's own property.
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26 Brown questioned section 8.28.040 and stated that this mandates that people have to keep
27 maintained public lands.
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29 Sutter stated she would like the definitions alphabetized. In section 8.28.090 regarding
30 handbills, she would like to add the word "post" in addition to "throw or deposit ". Lastly, regarding
31 section 8.28.100(D), she stated she would like to know how the interest amount is determined.
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33 Nelson wanted to know how enforcement of unsecured loads would be handled after office
34 closing hours. Enforcement needs to be available 24 hours per day. Whitewolf responded that there is a
35 road deputy on call at all times. There is a conflict between sections 8.28.100(B) and 8.28.100(D), on
36 packet page 350, regarding cleanup responsibilities. The word "owner" in line four of section D should
37 be changed to the word "offender" or another similar word to eliminate the conflict.
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39 Imhof moved to table to the Public Works committee for review in two weeks.
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41 Motion carried unanimously.
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43 2. ORDINANCE AMENDING ORDINANCE 97 -059, THE 1998 WHATCOM COUNTY
44 UNIFIED FEE SCHEDULE (AB98 -201)
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46 Nelson stated that this change is in response to the recent change of the animal control
47 ordinance. Fees in the code conflicted with fees in the unified fee schedule.
Regular Council Minutes, 6/2/98, Page 5
2 Brenner questioned whether the fees being proposed are raised from the fees specified in the
3 animal control contract. Nelson stated that he believed that they are currently reflective of what is
4 currently being charged. They were not clearly defined in the ordinance.
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6 Brenner questioned whether these were the fees that were charged by the Humane Society.
8 Dave Wareing, Deputy Administrator, stated that he didn't believe that they were.
10 Imhof opened the public hearing, and the following people spoke:
12 Susan Donato, Security Specialists Plus (SSP) Preferred Animal Care Administrator, questioned
13 whether the Council received the information she sent earlier in the week. She is available for any
14 questions.
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16 Hearing no one else, Imhof closed the public hearing.
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18 Hoag stated that the fee is currently $16 per animal for sterilized dogs and $8 per animal for
19 sterilized dogs. Donato's letter requested that the fee be raised to $20/$10. She questioned whether the
20 fees of $16/$8 were the fees outlined in the proposed ordinance or are the fees in their accepted bid.
21 Donato stated that the current fees are what were in the bid. SSP - Preferred Animal Care has not raised
22 these fees. The Fee Schedule was made more uniform, and at that point in time suggestions were made
23 to SSP -PAC. She is endorsing the suggestions that were made to them.
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25 Nelson clarified that the most recent animal control ordinance was from 1990 and the fees were
26 put in there. The Council is responsible, through the unified fee schedule, to establish fees for various
27 ordinances. It wasn't reflective of how they are doing business today. They have had fees being
28 collected at a different level than was outlined in the 1990 ordinance.
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30 Imhof stated that they are doing two different things. They are trying to clarify the
31 ordinance and there was a request for increased money. It is two separate items. What is
32 reflected in Exhibit A is not an increase in price; it is just a clarification of the ordinance. That is
33 what they are voting on.
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35 Sutter stated that they are talking about three different things. One is the animal control
36 ordinance. It originally had fees established in it. When the County adopted the new ordinance,
37 they deferred to the Unified Fee Schedule and took the fees out of the ordinance. What they are
38 seeing are items not on the Unified Fee Schedule because they were in an ordinance. They are
39 taking them out of the ordinance and they are going to put them into the Unified Fee Schedule.
40 That is number one. Number two is a difference between what was in the ordinance and what
41 was actually being charged. She questioned what was in the old ordinance.
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43 Dana Brown - Davis, Clerk of the Council, stated that the fees in the proposed schedule are
44 what were in the original ordinance.
45
Regular Council Minutes, 6/2/98, Page 6
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Wareing stated that there are no fees listed in the RFP for licenses for sterilized and
unsterilized dogs. The license fees were in the ordinance at the time. Whatever was in the
ordinance was the fee.
Brown stated that the fee for multiple dogs encourages people to have too many animals.
Donato stated that there are very few kennel licenses (licenses for multiple dogs) for
which people apply.
Brown questioned whether a person is required to license an animal if it is kept on the
owner's property. Donato stated that it is required.
Nelson moved to amend the fees to raise the unsterilized dog fee to $20 and the sterilized
dog fee to $10.
Donato clarified that the current fees are $16 for an unaltered animal and $8 for an altered
animal. The City of Bellingham, since 1993, city residents have been charged $20/$10. She
suggested that they be brought in parity with the City of Bellingham.
Nelson withdrew his amendment.
Hoag moved to accept the ordinance as presented.
Wareing stated that the administration recommends that the fees remain $16/$8.
Sutter stated that SSP also brought forward a suggestion to lower the license fee for
senior citizens. The amendment would have to be done through the County Code, then the fee
would have to be amended through the fee schedule.
Motion to approve carried unanimously.
OTHER ITEMS
1. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST NO. 5 (AB98 -203)
Nelson reported for Finance and Administrative Services and gave background of the
substitute ordinance. Nelson explained items 1 and 6. Dave Wareing, Executive's Office,
clarified that there was a trade of assets from the ER &R Fund and the General Fund. In 1997,
the County funded renovations to the annex from the ER &R Fund. The money from the General
Fund will pay back the ER &R Fund. Wareing clarified the specific renovations taking place at
the annex. Administration decided not to trade the funds because the long -term plan is to
remove the Public Works Department from the Nor -Bell building into a new building in the
vicinity of the Nor -Bell building. The building needs to have the HVAC system updated and
more insulation.
Nelson moved to amend the language on the summary to read:
"(6) To withdraw 4 return to Public Works, ER &R Facilities Fund $200,000
allocated for renovations to Northwest Annex."
Regular Council Minutes, 6/2/98, Page 7
2 Motion carried unanimously.
3
4 Nelson gave background on item #2 regarding stormwater management; item #3
5 regarding drug task force funding; item #4 regarding County Council FTE; item #5 regarding
6 Becca Bill funding of staffing in the Public Defender's Office; and item #7 regarding staffing in
7 the Public Works Department. Wareing gave background on the Public Defender's request for
8 staffing.
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10 Nelson stated that the recommendation from committee was not to include the Public
11 Defender portion but, in light of new information (which was distributed by Wareing —on file),
12 he would recommend it for approval.
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14 Brown asked about the staffing levels since the city of Bellingham has taken over some
15 of the court duties. Jon Ostlund, Public Defender, spoke regarding the increases in case filings.
16 Caseloads will shift from misdemeanors to felonies and the juvenile area since some cases went
17 to the city of Bellingham. Ostlund stated that if the twelfth person is not approved, he will need
18 to contract out for the remainder of the year. There was discussion regarding the increased cost
19 for contracting out attorney services.
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21 (Clerk's Note: End of tape 2, side A)
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23 Brenner asked if it would be possible to fund the positions as temporary through the end
24 of the year until a workload pattern is established.
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26 Nelson discussed item #7 and the additional FTE requested by Public Works Department
27 for solid waste recycling education programs. The question is whether the position should
28 continue being contracted out versus adding an internal staff person. He recommended to return
29 this item to Administration and have a Request for Proposal (RFP) reviewed by all proponents in
30 addition to the Public Works Department.
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32 Nelson moved to amend the ordinance to withdraw item #7 and remand that item to
33 Administrative Services to review the RFP.
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35 "(7) To end n tithefize Positions (Exhibit B) to the Budget n, -a;,,. nee to
36 "
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38 There was further discussion. Jeff Monsen, Public Works Director, stated he brought this
39 forward to Council upon request by Council to examine alternatives to services.
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41 Motion to amend carried 5 — 1 with Brown opposed.
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43 Wareing stated this will be returned to Council in two weeks (June 16).
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45 Motion to adopt as amended carried unanimously.
46
Regular Council Minutes, 6/2/98, Page 8
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2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL 10 ACRES (R10A) TO RURAL FIVE ACRES (R5A) FOR
APPROXIMATELY 240 ACRES IN THE FOOTHILLS SUBAREA (AB98 -212)
Nelson stated that Finance Committee did not have a chance to discuss the six -year road
program.
Sutter reported for Planning and Development Services Committee and moved to remand
to the Planning Commission.
Motion carried 5 — 0 with Brown abstaining.
3. ORDINANCE ADOPTING THE URBAN FRINGE SUBAREA PLAN LAND USE
ELEMENT (AB98 -213)
Sutter reported for Planning and Development Services Committee and moved to
approve.
Karen Frakes, Senior Civil Deputy Prosecutor, suggested a change on line 7 of ordinance
page 2. The RCW cited should be "RCW 36.70A.130(2)(a)(i)" Page 2 of the ordinance, section
1, line 20, should say "and the proposed Urban Fringe Land Use Element (Exhibit B) is hereby
adopted as part of the Whatcom County Comprehensive Plan."
Sutter moved the amendments suggested by Frakes.
Motion to amend carried unanimously.
Ordinance as amended carried unanimously.
4. APPOINTMENTS TO THE BOARD OF EQUALIZATION AND THE CABLE
TELEVISION ADMINISTRATION BOARD (AB98 -157)
Imhof opened the nominations for the Board of Equalization
Brenner nominated Chris Hatch and praised his past efforts in the Council office.
Brown nominated Eugene Goldsmith. He has a firm knowledge of current land use
issues and legislative intent.
Imhof closed the nominations for Board of Equalization.
Hatch was appointed 5 — 1 with Brown voting for Goldsmith.
Imhof opened the nominations for the Cable Television Administration Board.
Nelson nominated Pros.
Imhof moved by acclamation.
Regular Council Minutes, 6/2/98, Page 9
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Motion carried unanimously.
5. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCT
81(AB98 -210)
Nelson moved approval.
Shirley Forslof, Auditor, stated that it moves the precinct line from Alderwood to I -5. It
affects approximately 50 voters.
Brenner questioned whether it still equalizes voting precinct. Forslof stated that it does.
Each precinct can contain more than 900 registered voters. It just makes a more compact
precinct.
Ordinance carried unanimously.
6. COUNCIL TO APPOINT ONE MEMBER TO SERVE ON THE PUBLIC DEFENSE
ADVISORY COMMITTEE (AB98 -226)
Nelson nominated Brenner.
Imhof moved by acclamation.
Motion carried unanimously.
INTRODUCTION ITEMS
Hoag moved to accept the Introduction Items.
Imhof moved to add an Introduction Item, which is the supplemental budget request #6.
Motion to add the item carried unanimously.
Motion to accept the Introduction Items as amended carried unanimously.
1. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY, PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB98 -221 A)
2. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY
COMPREHENSIVE SIX YEAR ROAD PROGRAM FOR THE YEARS 1999
THROUGH 2004 (AB98 -223)
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL TEN ACRES (R10A) TO RURAL FIVE ACRES (R5A) FOR
APPROXIMATELY 229 ACRES IN THE BIRCH BAY - BLAINE SUBAREA (AB98 -
224)
4. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST NO. 6 (AB98 -227)
Regular Council Minutes, 6/2/98, Page 10
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ADDENDUM TO INTRODUCTION ITEMS
5. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 6 (AB98 -227)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Sutter reported that she visited the new domestic violence transition housing, Dorothy
Place. Also, the salmon conference was very informative. The Overall Economic Development
Plan is coming along. By the end of year, they hope to make substantial progress.
Nelson reminded everyone of the Forestry Forum on Thursday. Also, Darrell Hillaire
had concerns with Council representations on tribal meetings. The Tribal Council concurred that
they would like to meet with both Dawson and Nelson. They are setting up a time for that. The
Health Board meeting is scheduled for June 9 and the Budget retreat also on that date. Sutter
stated she would not be present on those days.
Ait nlTRN
The meeting was adjourned at 9:08 p.m.
Jill Nixon, Recording Secretary
These minutes were approved by Council on Aril 7 , 1999.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert Imhof, Council Member
Regular Council Minutes, 6/2/98, Page 11