HomeMy WebLinkAboutCouncil May 19 19982
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
May 19, 1998
The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the
Council Chambers, 311 Grand Avenue.
Alcn PrPCPnt-
Ward Nelson
Kathy Sutter
Marlene Dawson
Barbara Brenner
ANNOUNCEMENTS
Absent:
Connie Hoag
Tom Brown
Imhof announced the Committee of the Whole discussed pending litigation, which was
mostly information for Council.
Members who are missing have an excused absence.
Imhof noted the special presentation will follow open session.
OPEN SESSION:
The following people addressed Council_
Sherilyn Wells, 1020 Geneva: Interlocal Agreement for Lake Whatcom Water shed
(AB98 -195)
Marion Beddill, 3600 Sealy Street: Water Resources Management Council
Jean Freestone, 3200 Vallette Street: Lake Whatcom Watershed issues (AB98 -017)
Lynn Barton, 1280 West Bakerview Road: Thanked Council for putting the minutes
in the library
SPECIAL PRESENTATION
STATE OF THE COUNTY ADDRESS, COUNTY EXECUTIVE PETE KREMEN
(AB98 -019)
40 Pete Kremen, County Executive, presented the annual state of the County address. He
41 stated that even though there are existing problems, the future is positive and worthy of
42 optimism. The County is experiencing some positive economic growth. The financial
43 condition has greatly improved and returned to a stability not seen for several years. He spoke
44 to the positive cooperation between elected and appointed officials working together.
45
Regular Council Minutes, 5/19/98, Page 1
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Reviewing the first quarter report, he stated departmental budgets are within desirable
parameters for this year's timetable. He was optimistic about the rest of the year.
Some of the challenges include responsible leadership, reasoned decisions, and
decisive action. Growth and land use management are critical issues that must continue to be
addressed. The protection, allocation, and safety of water within the County will continue to
be a high priority and an important issue. Threatened salmon issues and maintaining a vital
and vibrant economy with family wage jobs remain at the core of County government's
mission.
He assured everyone his administration is committed to providing solutions for
community water challenges. Addressing all water - related issues will not be easy; however,
some significant strides have been made. He then addressed actions taken to ensure a safe
drinking water supply.
Kremen then spoke to public safety, specifically to the old 401 Grand building
renovation, which is a multi -use alternative to an incarceration center. Without this
program, the jail would be overflowing and much of the community work contributions
would never occur. He also addressed the issue of criminal justice funding.
During the past two years, the County has been able to maintain viable and effective
service operations while limiting the County property tax levy rate. Kremen enumerated
some of the year's successes.
Imhof noted the budget retreat will be held June 9 from 9 a.m. to noon.
APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR THE MAY 5, 1998 COMMITTEE OF THE
WHOLE AND REGULAR COUNCIL MEETINGS
Nelson moved approval.
Motion carried unanimously.
CONSENT AGENDA
Dawson reported for Finance and Administrative Services Committee and moved
approval of consent agenda items numbers 1, 3, 4, and 5.
Brenner requested to remove item 3.
Motion to approve items 1, 4, and 5 carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD A
CONTRACT FOR MICROFILMING SERVICES TO THE LOWEST RESPONSIVE
Regular Council Minutes, 5/19/98, Page 2
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BIDDER, DATAPLEX CORPORATION, IN THE AMOUNT NOT TO EXCEED
$200,000 (AB98 -204)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY HEALTH &
HUMAN SERVICES AND SEAMAR COUNSELING AND SOCIAL SERVICES
FOR CASE MANAGEMENT SERVICES FOR CHRONICALLY MENTALLY ILL
PATIENTS IN THE AMOUNT NOT TO EXCEED $25,000 (AB98 -205)
Dawson moved to amend on packet page 24, H4, by changing language:
«4) n minimum of 50, of the else is /e .,,s,,,ner -s se ,oa shall be by rof ,-. a f the
jail. The contractors shall prioritize access and assessment for
minority clients /consumers referral from the Whatcom County jail. A minimum of 5%
is an identified target."
Motion carried unanimously.
Motion to approve request as amended carried unanimously.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -42
FOR THE PURCHASE OF A TRUCK - MOUNTED DITCH CLEANER TO THE
LOWEST RESPONSIVE BIDDER, WESTERN POWER & EQUIPMENT, IN THE
AMOUNT OF $177,185.75 (AB98 -206)
Brenner questioned the equipment being replaced. Mary Schrimsher, Public Works,
explained this equipment is almost fourteen years old and that there are four ditch cleaners.
Brenner explained she has had complaints regarding insufficient use of equipment and inefficient
job time. Discussion followed.
Dawson moved approval.
Motion carried 4 -1 with Brenner opposed.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98 -45
FOR THE COUNTY'S SUPPLY OF ASPHALT MIXES TO THE LOWEST
RESPONSIVE BIDDER, IN A TOTAL AMOUNT OF APPROXIMATELY
$274,500 (THE COUNTY RESERVES THE RIGHT TO UTILIZE THE
APPROPRIATE LOW BIDDER BASED UPON PROJECT LOCATION,
DISTANCE TO THE PLANT, AND PRODUCT AVAILABILITY) (AB98 -207)
5. REQUEST AUTHORIZATION FOR PAYMENT OF COUNCIL MEMBER
EXPENSES AND /OR TRAVEL (AB98 -143B)
Nelson moved for reconsideration of item 5.
Motion carried unanimously.
Regular Council Minutes, 5/19/98, Page 3
I Dawson moved to amend by adding Brenner's request for reimbursement of the
2 registration fee for the Shared Water /Shared Stewardship seminar at Western Washington
3 University on May 27 and 28, 1998.
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5 Motion carried unanimously.
7 Sutter questioned Brenner's request to be reimbursed for the cost of attending the
8 Human Rights Task Force Awards Banquet. Sutter believed attending an awards banquet was
9 more a social function than Council business. Brenner explained this is not considered a
10 social event but rather a part of public service.
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12 Sutter moved to remove the $15 for the awards banquet.
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14 Motion failed 1 - 4 with Sutter in favor.
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16 Motion to approve the amended request carried 4 -1 with Sutter opposed.
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18 6. REQUEST AUTHORIZATION TO EXPEND THE FUNDS NECESSARY TO
19 COMPLETE WORK UNDER SETTLEMENT AT THE FERNDALE
20 APARTMENTS (AB98 -208)
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22 Dawson explained this request and moved the County pay the contractor $188,690.00
23 and request Administration review the rest of the items for reasonableness.
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25 There was discussion on the motion. Topics discussed included the total amount; who
26 was liable for this lagoon; and permitted use by the state of this lagoon.
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28 Motion to approve carried unanimously.
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30 Council requested clarification on this issue. Chuck Benjamin, Health & Human
31 Services Director, commented about lagoons. He stated this lagoon was permitted by the state
32 because of the type of facility that it is, which is non - residential. Regarding liability,
33 Benjamin stated the County did not permit the lagoon. Randy Watts, Prosecuting Attorney's
34 Office, gave brief background information. Nelson inquired why, if this was permitted by the
35 state, was the County involved in nuisance and enforcement policies with this lagoon.
36 Benjamin stated it was his understanding that the County tried to get the Department of
37 Ecology (DOE) to take enforcement action on this lagoon, which was not taken.
38 Appropriately, the health officer, in conjunction with the Prosecuting Attorney's Office, did
39 enter into legal litigation to correct the measure, as public health was affected.
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41 (Clerks Note: Tape 1, side B)
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43 Nelson asked if the County can somehow go to the state for solution, asking why the
44 County —if it is the state's responsibility— should take the burden of this extensive cleanup
45 when the County did not permit the lagoon. Dawson suggested DOE be contacted. There
46 was further discussion.
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Regular Council Minutes, 5/19/98, Page 4
1 PUBLIC HEARING
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3 1. ORDINANCE AUTHORIZING A SYSTEM OF ASSESSMENT FOR DIKING
4 DISTRICT NO. 3 (AB98 -169A)
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6 Ed Henken, Public Works, gave a staff report. He reported the district is entirely in
7 the floodplain and stated staff recommended an assessment system on an acreage basis at
8 $1.04 per acre within the floodplain per $1,000 assessed value. All property owners have
9 received letters of notification and are available to speak tonight. Henken stated the property
10 owners have not yet determined how much is to be raised. He stated the diking district has the
11 authority to set assessments at the annual meeting.
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13 Brenner inquired if there were any exempted property in the district. Tom Hayden,
14 Public Works, explained there is no exemption property in this diking district; however, in
15 Diking District #4, there are two small senior citizen parcels that are exempt.
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17 There was some discussion. Topics discussed included the rate differences between
18 District #3 and District #4, and the assessment process for diking districts.
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20 Imhof opened the public hearing.
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22 Hearing no one, Imhof closed the public hearing.
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24 Dawson moved approval.
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26 Motion carried unanimously.
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28 2. ORDINANCE AUTHORIZING A SYSTEM OF ASSESSMENT FOR DIKING
29 DISTRICT NO. 4 (AB98 -170A)
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31 Ed Henken, Public Works, gave a staff report.
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33 Imhof opened the public hearing, and the following people spoke:
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35 Bernie Styleman (sp ?), 371 Lynden -Birch Bay Road
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37 Ed Henken explained how floodplain boundaries are defined.
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39 George White, 1425 Harksell Road
40 Jay Cammack, 855 Timberlake Way, Diking District #4 Commissioner
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42 Hearing no one else, Imhof closed the public hearing.
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44 Discussion followed. Topics discussed included determining river sediment on property;
45 flooding; and re- evaluation of the 100 -year floodplain.
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Regular Council Minutes, 5/19/98, Page 5
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Nelson moved approval of the ordinance.
Motion carried unanimously.
3. RESOLUTION REGARDING VACATING A PORTION OF PORTAL WAY
RIGHT -OF -WAY IN SECTION 22, TOWNSHIP 40 NORTH, RANGE 1 EAST OF
W.M. (AB98 -132)
area.
Ed Henken, Public Works, recommended denial of vacating, as this is a heavily traveled
Imhof opened the public hearing, and the following person spoke:
Mark Bratt, Lynden
Hearing no one else, Imhof closed the public hearing.
Brenner asked if there were any plans to add a road. Michael Knapp, Planning and
Development Services Director, explained that at this time there are no plans for a road and
spoke to landscaping requirements. Brenner asked if regulations can be expanded to have the
landscaping on County right -of -way.
Brenner moved to table the resolution to Planning and Development Committee.
Motion failed 2 -3 with Imhof and Nelson opposed.
(Clerk's Note: Motion failed because of lack of a two- thirds vote)
Discussion followed. Knapp will meet with Mr. Bratt for administrative purposes, as
well as meet with the Prosecuting Attorney.
Imhof moved to vacate the road and forward to Administration regarding the
encroachment permit.
There was further discussion regarding the traffic impact on Portal Way.
Motion to vacate failed unanimously.
Mr. Bratt clarified the vote and options with Imhof. Karen Frakes, Prosecuting
Attorney's Office, informed Mr. Bratt there may be other remedies.
4. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WHATCOM COUNTY CODE 1.10 (AB98 -188A)
Brenner moved approval of the resolution.
Regular Council Minutes, 5/19/98, Page 6
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Motion carried unanimously.
OTHER ITEMS
1. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM,
WHATCOM COUNTY, AND WATER DISTRICT 10 REGARDING JOINT
MANAGEMENT OF LAKE WHATCOM (AB98 -195)
Sutter reported for Planning and Development Committee. Suggested
committee /Council changes will be brought forward at the joint meeting.
Sutter also reported on an exemption for public facilities from zoning requirements
(AB98 -214) that was also discussed in committee. Planning and Development Services will
draft a proposed ordinance and submit that to the Planning Commission before being returned
to committee.
2. APPOINTMENT TO FILL A VACANCY ON THE PLANNING COMMISSION
(AB98 -157)
Brenner nominated all three: Steven Oliver, Howard Andreasen, and John Steensma.
(Clerk's Note: Tape 2, side A)
John Steensma was appointed.
3. RESOLUTION SUPPORTING VOTER REGISTRATION LAW REFORM (AB98-
202)
Brenner explained the resolution.
Brenner moved to approve the resolution.
Shirley Forslof, County Auditor, explained the process that is in place to challenge a voter's
registration. She explained it could place an undue hardship on the elderly to find a birth
certificate and perhaps discriminatory because of the cost involved in getting a birth certificate.
It also goes against the Voters Registration Act.
There was general discussion on the motion. Sutter suggested copies of the approved
resolution be sent to other counties with a cover letter requesting their attention.
Regular Council Minutes, 5/19/98, Page 7
Oliver
Andreasen
Steensma
Brenner
X
Dawson
X
Nelson
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Imhof
X
Sutter
X
John Steensma was appointed.
3. RESOLUTION SUPPORTING VOTER REGISTRATION LAW REFORM (AB98-
202)
Brenner explained the resolution.
Brenner moved to approve the resolution.
Shirley Forslof, County Auditor, explained the process that is in place to challenge a voter's
registration. She explained it could place an undue hardship on the elderly to find a birth
certificate and perhaps discriminatory because of the cost involved in getting a birth certificate.
It also goes against the Voters Registration Act.
There was general discussion on the motion. Sutter suggested copies of the approved
resolution be sent to other counties with a cover letter requesting their attention.
Regular Council Minutes, 5/19/98, Page 7
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Motion carried unanimously.
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4.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN
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APPLICATION FOR A "CLASS H" LIQUOR LICENSE FOR THE OUTLAWS
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RESTAURANT & LOUNGE, 8732 BLAINE ROAD, BLAINE (AB98 -209)
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Nelson moved approval.
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Motion carried unanimously.
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INTRODUCTION
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Nelson moved to accept the Introduction Items.
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Motion carried unanimously.
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1.
ORDINANCE AMENDING ORDINANCE 97 -059, THE 1998 WHATCOM
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COUNTY UNIFIED FEE SCHEDULE (AB98 -201)
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ORDINANCE AMENDING THE 1998 BUDGET, REQUEST NO. 5 (AB98 -203)
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ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCT
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81(AB98 -210)
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4.
ORDINANCE AMENDING WCC 8.28, LITTER AND ILLEGAL DUMPING
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ENFORCEMENT (AB98 -211) (HEARING TO BE SCHEDULED)
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ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
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MAP FROM RURAL 10 ACRES (R10A) TO RURAL FIVE ACRES (R5A) FOR
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APPROXIMATELY 240 ACRES IN THE FOOTHILLS SUBAREA (AB98 -212)
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ORDINANCE ADOPTING THE URBAN FRINGE SUBAREA PLAN LAND USE
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ELEMENT (AB98 -213)
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REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
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Sutter noted there is a project being proposed for the Foothills area for a rural forestry
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center. She then explained the proposed project.
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40 • Dawson requested Council send a letter to the Washington State Parks & Recreation
41 Commission regarding its consideration of a "clothing optional" at Clayton Beach. There is
42 an access for this beach through Whatcom County.
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44 Dawson moved to send the draft letter requesting no change be made to Clayton Beach.
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46 Motion carried unanimously.
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Regular Council Minutes, 5/19/98, Page 8
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• Imhof noted that Bob Weisen spoke at the last Council meeting regarding the light at Slater
and Haxton Road and that the city had been out there to adjust the light.
• Imhof announced the Department of Ecology (DOE) sent a letter approving the shoreline
master plan amendments.
Washington State (AB98 -001): Imhof announced the Association of Counties' summer
meeting is June 10, 11, and 12 in Tacoma.
ADJOURN
The meeting was adjourned at 8:55 p.m.
NaDean Hanson, Recording Secretary
These minutes were approved by Council on 51998.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Robert Imhof, Council Chair
Regular Council Minutes, 5/19/98, Page 9