HomeMy WebLinkAboutCouncil June 17 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
June 17, 1997
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
Alvin Starkenburg
Kathy Sutter
Robert Imhof
ANNOUNCEMENTS
Imhof introduced Chris Hatch, who presented a cost - comparison study of Law and
Justice spending for Yakima, Thurston, Skagit, and Whatcom Counties (handout on file).
Nelson reported on the letter of support for Whatcom Conservation District to the
Washington Conservation Commission from George Boggs, District Coordinator (AB97 -233).
Nelson moved approval of the letter from Council to the Conservation Commission
regarding the 1997 -1999 Commission Grants Program.
Sutter noted a correction: change Bellingham Bay to Portage Bay. Mr. Boggs responded
to her question regarding an official downgrade regarding the shellfish beds. Regina Delahunt,
Health Department, also commented.
Motion as amended carried unanimously.
SPECIAL PRESENTATION
PRESENTATION BY THE ASSOCIATED GENERAL CONTRACTORS
(AGC) RECOGNIZING THE EFFORTS OF THE COUNTY COUNCIL AND
COUNTY EXECUTIVE IN THEIR SUPPORT OF THE ASSOCIATION =S
75TH YEAR AND CELEBRATE CONSTRUCTION WEEK (AB97 -018)
Art Anderson, northern district manager for Associated General Contractors, presented
Pete Kremen, County Executive, with a plaque for his participation in the ACelebrate
Construction Week- campaign.
OPEN SESSION
Regular Council Minutes, 6/17/97, Page 1
The following people addressed Council in open session:
Bob Wiesen, 3314 Douglas Road, Ferndale: Code of ethics (AB97 -187)
Gail Pattenaude, Bellingham: Code of ethics (AB97 -187)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of items 1 though 7.
Brown requested removal of item #7.
Motion to approve items 1 through 6 carried unanimously.
RESOLUTION ESTABLISHING CRP 995008, THE RECONSTRUCTION OF
EAST SMITH ROAD, HANNEGAN TO NOON AND APPROVAL OF
AWARD OF CONTRACT TO THE LOWEST RESPONSIVE BIDDER,
WILDER CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
$1,606,180.97 (AB97 -216)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
THREE YEAR FERRY COLLECTIVE BARGAINING AGREEMENT
ALREADY RATIFIED BY THE UNION (AB97 -217)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
ADDENDUM #5 WITH WALKER AND ASSOCIATES FOR NOOKSACK
RIVER PROJECT MAPPING (AB97 -218)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH NOOKSACK GENESIS II FOR SUBSTANCE ABUSE
TREATMENT FOR LOW INCOME AND INDIGENT CITIZENS OF
WHATCOM COUNTY (AB97 -219)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT WITH ST. JOSEPH RECOVERY CENTER FOR
PREGNANT /PARENTING WOMEN AND ADATSA ASSESSMENT
ALLOCATIONS (AB97 -220)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH CHAMBER AND MORTIMER COUNSELING, INC. FOR
SUBSTANCE ABUSE TREATMENT FOR LOW INCOME AND INDIGENT
CITIZENS OF WHATCOM COUNTY (AB97 -221)
Regular Council Minutes, 6/17/97, Page 2
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR ON-
SITE SHELLFISH FUNDING FOR SURVEY OF ON -SITE SEPTIC SYSTEMS
IN DRAYTON HARBOR (SUPPLEMENTAL #6) (AB97 -222)
Brown was concerned about the effect of Blaine =s work on Drayton Harbor and the
availability of the grant to individuals with income levels of up to $74,000; he cannot support the
grant.
Imhof moved approval of item #7.
Nelson moved to amend by striking language on packet page 195, part IV, A:
A ... address the public health need. The RECIPIENT shall eenfii+ue te pufsee an
,
Discussion followed with Pete Kremen, Executive =s Office; Regina Delahunt, Health
Department; and Dan Gibson also commenting.
Motion to amend carried 5 -2 with Brenner and Imhof opposed.
Sutter moved to amend the agreement to allow the Health Department to develop a
matrix to determine how the funds are to be distributed by the inclusion of the addendum in the
agreement.
Motion carried unanimously.
Brenner moved to amend by capping the income to $45,000.
Motion failed 2 - 5 with Brenner and Brown in favor.
Discussion followed with Chuck Benjamin, Health Department Director, speaking to the
surface water contamination.
Main motion to approve the amended request carried 6 -1 with Brown opposed.
PUBLIC HEARING
RESOLUTION REGARDING THE VACATION OF A PORTION OF AN
Regular Council Minutes, 6/17/97, Page 3
UNNAMED DEEDED RIGHT -OF -WAY WEST OF OLSON ROAD AND
SOUTH OF ALDERGROVE ROAD FILED BY JAMES FORSS (AB97 -179)
Ed Henken, Engineering, gave a staff report.
Discussion items included: land - locked property; access to property; and the right -of-
way. Dan Gibson, Prosecuting Attorney =s Office, explained that the County does not own a
right -of -way.
Nelson opened the public hearing, and the following person spoke:
James Forss, 6397 Olson Road
Hearing no one else, Nelson closed the public hearing.
(Clerk =s Note: Beginning tape 1, side B)
Imhof moved approval of the road vacation.
There was discussion on the motion.
Motion carried unanimously.
2. ORDINANCE ESTABLISHING THE FLOOD CONTROL ZONE DISTRICT
FUND NO. 00169 (AB97 -210)
Ed Henken, Engineering, gave a staff report.
Nelson opened the public hearing, and the following people spoke:
Ron Bronsema, 8135 Northwood Road, Everson, Chair, Flood Advisory Committee
(handout on file)
Nelda Sigurdson, 5171 Ferndale Road, Ferndale
Hearing no one else, Nelson closed the public hearing.
Henken reported that the interest going to the Current Expense Fund from the Flood Fund
goes into the General Fund. Discussion followed with Gibson and Brown regarding the interest
going into the Flood Fund.
Nelson moved approval of the ordinance.
There was discussion on the motion. Dave Wareing, Executive =s Office, explained why
the interest on those funds go into the General Fund. Imhof suggested placing this issue in the
Regular Council Minutes, 6/17/97, Page 4
Finance and Administrative Services Committee to discuss the issue of the disbursement of the
interest.
Brown moved to amend by adding Charter Amendment 2 on packet page 218, line 27:
A ... the manner prescribed in Chapter 86.12 RCW, in Whatcom County Charter
Amendment Number 2.=
After discussion, he withdrew his motion.
Motion to approve carried unanimously.
OTHER ITEMS
ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #6 (AB97 -207)
Imhof reported for Finance and Administrative Services Committee and moved approval.
In answer to a question from Starkenburg regarding item #3, the Public Defender =s
Office, Imhof explained this was an amendment brought forward from the Administration, which
is for an additional $22,069 to complete the year for the two part -time employees. The attorney
will not be added in August. The actual amount of the amendment is $20,380.
Motion carried 6 -1 with Brenner opposed.
Dave Wareing, Executive =s Office, requested reconsideration of the ordinance to amend
by adding $200,000 to the total, which would be a total of $3,530,000 for Phase I remodel.
Nelson moved approval of the amendment.
Motion carried 6 -1 with Brenner opposed.
2. ORDINANCE ESTABLISHING THE WHATCOM COUNTY FERRY RATE
SCHEDULE (AB97 -209)
Imhof reported for Finance and Administrative Services Committee and moved approval
of the ordinance.
Motion carried unanimously.
3. ORDINANCE ESTABLISHING AN INTERFUND AGREEMENT TO
PURCHASE THE CIVIC CENTER BUILDING FOR THE HEALTH
DEPARTMENT CONSOLIDATION (AB97 -208)
Regular Council Minutes, 6/17/97, Page 5
Imhof reported for Finance and Administrative Services Committee and moved approval.
Motion carried 6 -1 with Brenner opposed.
Dave Wareing, Executive =s Office, noted that on packet page 41, line 24, the amount
should be $2,530,000 rather than $2,330,000.
Nelson so moved to amend as stated by Wareing.
Motion carried 6 -1 with Brenner opposed.
4. ORDINANCE ESTABLISHING A CODE OF ETHICS REGARDING
CONTRACT INTERESTS FOR COUNCIL MEMBERS (AB97 -187)
Brenner reported for Public Works and Capital Projects Committee that this item is to be
held in committee for the next Public Works and Capital Projects Committee on July 1, 1997.
Discussion followed with Sutter explaining future voting and Dawson explaining
bringing forward a comprehensive ordinance.
5. APPOINTMENT TO FILL VACANCY ON DRAINAGE IMPROVEMENT DISTRICT
#3 (AB97 -160A)
Starkenburg moved approval.
Motion carried 6 -0 with Imhof out of the room.
6. RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT OF THE
CITY OF FERNDALE =S CORPORATE BOUNDARIES TO INCLUDE TWO
ENTIRE PARCELS WITHIN THE INCORPORATED LIMITS OF THE CITY
OF FERNDALE (AB97 -159)
Starkenburg reported needing more background information. Discussion followed with
Michael Knapp, Planning and Development Services Director, and Dave Wareing, Executive =s
Office, commenting.
review.
Nelson moved to place this resolution in Planning and Development Committee for
Motion carried unanimously.
7. RESOLUTION ENDORSING THE WHATCOM COUNTY COUNCIL GUIDE
TO PREPARING AGENDA BILLS, ORDINANCES, AND RESOLUTIONS
(AB97 -180)
Regular Council Minutes, 6/17/97, Page 6
Nelson moved approval.
Motion carried unanimously.
REQUEST COUNCIL APPROVAL FOR THE EXECUTIVE TO SIGN AN
APPLICATION FOR A CLASS AIL LIQUOR LICENSE FOR POINT
ROBERTS YACHT CLUB LOCATED AT 79 TYEE DRIVE, POINT
ROBERTS (AB97 -223)
Imhof moved approval.
Motion carried unanimously.
9. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT DAVE ASHTON AS AN ADVISORY REPRESENTATIVE AND
EDWARD PLATZ AS A DESIGNATED ALTERNATE TO THE NORTH
SOUND REGIONAL SUPPORT NETWORK ADVISORY BOARD (AB97 -224)
Imhof moved approval.
Motion carried unanimously.
10. SUBSTITUTE RESOLUTION CREATING THE WHATCOM COUNTY
WATER RESOURCES ALLIANCE (AB97 -113)
Sutter requested the following correction: the title should read AResolution Supporting
the Creation of the Whatcom County Water Resources Alliance =. Discussion followed
regarding the structure of the Water Resources Alliance. Sutter then gave background
information on this item.
line 12:
(Clerks Note: Beginning of tape 2, side A)
Sutter accepted Nelson =s friendly amendment to add Asuggested= on packet page 249,
A ... Coordinating Committee based on the suggested guidelines outlined... =.
Motion as amended carried unanimously.
At this point, Starkenburg noted one of the introduction items includes an ordinance
regarding accessory dwellings and requested Chair =s permission to have Building and Codes
discuss the work schedule regarding the Comp Plan and accessory dwellings. Planning and
Development Committee has requested staff to address this work list. Sylvia Goodwin, Planning
and Development Services Manager, distributed a handout regarding Planning--s work schedule
Regular Council Minutes, 6/17/97, Page 7
(on file). There was discussion, especially on accessory dwellings.
INTRODUCTION ITEMS
Nelson moved to accept the introduction items.
Motion carried unanimously.
RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX YEAR
ROAD PROGRAM FOR THE YEARS 1998 THROUGH 2003 (AB97 -215)
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
SHORELINE MANAGEMENT PLAN, TITLE 23 (AB97 -225)
3. INTERIM ORDINANCE EXTENDING THE CRITICAL AREAS
EMERGENCY ORDINANCE 97 -018 WHICH AMENDS CHAPTER 16.16 OF
THE WHATCOM COUNTY CODE TO COMPLY WITH THE WASHINGTON
STATE GROWTH MANAGEMENT ACT (AB97 -226)
4. ORDINANCE REPEALING THE INTERIM ZONING ORDINANCE,
CHAPTER 2.24A AND ADOPTING TITLE 20 ZONING ON A SIX MONTH
INTERIM BASIS FOR THOSE AREAS OTHERWISE REGULATED BY
CHAPTER 2.24A INCLUDING THE LUMMI RESERVATION AND PRIVATE
IN HOLDINGS WITHIN THE MT. BAKER, SNOQUALMIE NATIONAL
FOREST (AB97 -227)
5. ORDINANCE IN THE MATTER OF AMENDING WCC 8.13, SOLID WASTE
DISPOSAL DISTRICT, AND ALLOWING FOR COLLECTION OF AN
EXCISE TAX ON SOLID WASTE DISPOSAL SERVICES (AB97 -228)
6. RECEIPT OF APPEAL OF THE HEARING EXAMINER =S DECISION OF
PLS96 -0006 FILED BY PETE AND SANDY HANSEN (AB97 -194)
7. ORDINANCE MODIFYING ACCESSORY DWELLING SIZE AND USES
AND ADDITIONALLY MODIFYING THE REQUIREMENTS FOR THE
LAKE WHATCOM WATERSHED AND LUMMI ISLAND (AB97 -230)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Starkenburg requested Council members bring concerns forward as soon as possible for
action regarding the above list from Planning and Development Services.
Brown requested clarification regarding a SubFlood Control District. Jeff Monsen,
Public Works Director, responded.
Regular Council Minutes, 6/17/97, Page 8
Starkenburg spoke briefly to a letter from the city of Lynden regarding an evaluation
done by Whatcom Counseling and Psychiatric Clinic. He requested Administration investigate
ways to improve on that situation.
Council of Governments (COG) (AB97 -014): Sutter gave an update of events.
Washington State Association of Counties (AB97 -001): Imhof noted the timeframe for
its convention.
Six year Road Program (AB97 -215): Imhof noted this will have a public hearing as
well as a work session.
Nelson noted the Alliance Board of Communities is having a meeting on June 30.
Nelson called attention to the letter he received from Thurston County Commissioners
regarding the Becca Bill funding questions (letter given to Imhof).
ADJOURN
The meeting was adjourned at 9:10 p.m.
NaDean Hanson, Recording Secretary
These minutes were approved by Council on 91997.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown- Davis, Council Clerk L. Ward Nelson, Council Chair
Regular Council Minutes, 6/17/97, Page 9