HomeMy WebLinkAboutCouncil June 3 19971
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
June 3, 1997
The meeting was called to order at 7:10 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
Nelson announced that canvassing boards are coming up for Friday, June 20; Monday,
June 23; Tuesday, June 24, and Wednesday, June 4. Brenner had originally volunteered to
attend; however, due to a conflict in her schedule, she asked if someone else could take her
place. Brown offered to do the June 4 canvassing. The remaining days will be decided at a later
date.
Nelson announced that during the Committee of the Whole meeting, one item had been
removed from the agenda (discussion of the purchase of the Civic Center Building, A1397 -018).
Discussed was an update regarding union negotiation on various bargaining units (ferry workers,
correction officers, and nurses, A1397 -018) and an update on a personnel matter with Dan
Gibson, Council's counsel (AB97 -018).
OPEN SESSION
The following people addressed Council in open session:
Rand Jack, 5790 Shombush Road: Whatcom County Land Trust, distributed a book
published by the Land Trust
Kurt Dessauer, Accessibility Coordinator for Community Action For The Disabled:
Various ADA issues (AB95 -032)
Sherilyn Wells, 1020 Geneva: Findings of the Comprehensive Plan and water issues
(AB96 -051)
David Redfox, 184 E. Kellogg Road #E4: Thanked Brenner and Brown for efforts to cut
taxes and warned Council members to be careful
Lee Denke, 601 N. 4th Street, Mount Vernon: Urged Council to reconsider putting his
property into the urban growth area (AB96 -051)
Council Minutes, 6/3/97, Page 1
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Richard Gilda, Jensen Road, Bellingham: Water supply in Whatcom County and conflict
of interest regarding contracts ordinance (AB97 -187)
Bill Geyer, 1008 -16th Street: Proposal to purchase the Civic Center Building (handout
on file) (AB97 -018)
Alan Clammer, Sudden Valley, owner of Civic Center Building: Explained why much of
the negotiations regarding the sale /purchase were carried on in private and commended the
Executive and his staff on the professionalism they displayed during these transactions (AB97 -
018)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of items 1,2, 3, 5, 6.
Motion to approve carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT FOR CRIMINAL JUSTICE SERVICES WITH
THE CITY OF BELLINGHAM (AB97 -197)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT EXTENSION WITH LEE GROCERY FOR JAIL COMMISSARY
SUPPLIES (AB97 -198)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONTRACT WITH Q.S. INC. FOR PUBLIC HEALTH SOFTWARE AND
TRAINING (AB97 -199)
4. RESOLUTION AUTHORIZING THE PURCHASE OF THE CIVIC CENTER
BUILDING FOR CONSOLIDATION OF THE HEALTH DEPARTMENT (AB97 -200)
Imhof moved approval of the resolution.
There was discussion on the motion.
County Executive Pete Kremen gave a slide presentation regarding the purchase of the
building. He explained the acquisition will save money, provide parking, make best use of
financial resources, and provide efficient service delivery. In 1991 clinic and morgue space was
needed, and in 1992 a medical examiner was appointed. These contracts expire this year. Over
the last five years, $1 million has been spent on leasing buildings. Other facilities that were
considered were: Puget Power Building; Best Building; Chestnut Professional Building; and
(Clerk's note, end of side 1, tape 1)
Smith's Furniture Building, including others. The appraisal -fair market price is $3,262,000. The
Council Minutes, 6/3/97, Page 2
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basis for recommendation include: location; condition; construction; square footage; parking;
and current and future needs. Acquisition of the Civic Center building will save money, and
centralize and streamline services of the Health Department. Dave Wareing, Executive's Office,
also commented. There was further discussion.
Brown moved to amend the resolution page 52, lines 22 -23, by changing language:
"Whereas, it is the intent of the Whatcom County Council to issue general obligatie,,
b utilize the revenues paid to the
County by the City of Bellingham for recovery of criminal justice costs."
(Clerk's note, end of side 2, tape 1)
Motion to amend failed 2 -5 with Brenner and Brown in favor.
Main motion to approve the resolution carried 5 -2 with Brenner and Brown opposed.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
1NTERLOCAL AGREEMENT WITH THE LUMMI INDIAN BUSINESS
COUNCIL FOR PHASE III -A OF THE LUMMI SHORE ROAD
RESTORATION PROJECT (AB97 -201)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID 97 -36 FOR
THE PURCHASE OF AN ARTICULATING OVERCENTER DEVICE TO THE LOW
BIDDER, ALTEC INDUSTRIES (AB97 -202)
OTHER ITEMS
1. ORDINANCE ESTABLISHING A CODE OF ETHICS REGARDING CONTRACT
INTERESTS FOR COUNCIL MEMBERS, BOARD MEMBERS, OR EMPLOYEES
(AB97 -187)
Brenner explained that she has a substitute ordinance in which there is a little bit of a fail
safe so people are not going to necessarily be able to "feather their nests ". Her ordinance covered
the length of the contract, which she would like to amend to say "for a two year period ".
Brown asked Brenner to cite the concern that necessitated this over and above what is
currently in the Charter as far as State law in municipal jurisdictions.
Brenner stated there was nothing in our Charter that protects people from "creative
financial planning" by lobbying, assisting, or voting, thereby benefiting somebody and then
receiving future benefit from those actions.
There was discussion.
Council Minutes, 6/3/97, Page 3
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Dawson moved to table and put this in Public Works and Capital Projects Committee.
Motion to table carried 5 -2 with Brenner and Imhof opposed.
2. REQUEST COUNCIL APPROVAL OF THE FINDINGS SUPPORTING THE
FINAL ADOPTION OF THE WHATCOM COUNTY COMPREHENSIVE
PLAN (AB96 -051L)
Starkenburg reported for Planning and Development Services Committee. Dan Gibson,
Council's counsel, gave background information and explanation.
Starkenburg moved to adopt all the changes recommended in the "Errata sheet ", the
yellow sheet (a compilation of various comments received the last few days) from Sylvia
Goodwin, Planning and Development Services Manager, and the short white page which has the
following two amendments:
sheet).
On page 28, replace the last sentence of the first paragraph with:
"The Deming area appears particularly suited to small scale rural
industrial development."
Also add at the very end under the category of "background documents ":
"An article by Linda Klein and Peter Reginold titled: Agricultural
Changes and Farmland Protection in Western Washington in the
January /February issue of the Journal of Soil and Water Conservation."
Nelson moved approval of section 25, page 12, II, Resource Lands -- Minerals (yellow
Starkenburg announced he would be abstaining from voting on resource lands.
Brenner moved to amend by deleting #25. Nelson pointed out this should be done when
the Findings were addressed.
Nelson moved approval of the yellow sheets as brought forward by the Planning and
Development Committee as amended.
Motion to approve the amended yellow sheet carried 6 -0 with Starkenburg abstaining.
Motion to approve the errata sheet carried 6 -1 with Brenner opposed.
Nelson moved approval of the page 27 draft Finding sheet (language changes), as well as
Council Minutes, 6/3/97, Page 4
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the Deming changes on page 29.
Motion carried unanimously.
Goodwin read two amendments raised earlier by Council members. The first was on
page 9, Item II, change 20% to 30% regarding clustering on the non - resource development zone
in the Resource Protection Zone. Also, on page 10, Item #8, change 20% to 30 %. Add item "C"
under item 8, page 10, to include language that matches the Comprehensive Plan and the
development regulations regarding "opting out ".
Gibson pointed out on page 24, last line, first paragraph under "Custer" that some types
of services may be provided by private facilities and may not require public facilities. Goodwin
stated the next amendment was on page 25, fifth paragraph, second sentence from the end,
delete:
-
- ..
Sutter noted a scrivener error, same page, last sentence, deleting "then ".
Motion to amend carried unanimously.
Motion to approve amended Findings carried 6 -1 with Brenner opposed.
3. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT MARGARET CURTIS, CONCURRENTLY WITH THE CITY OF
BELLINGHAM, TO THE BELLINGHAM /WHATCOM COUNTY HOUSING
AUTHORITY BOARD OF COMMISSIONERS (AB97 -204)
Imhof moved approval.
Motion carried unanimously.
4. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT C.J. "CORKY" JOHNSON AND BESS CHRISTMAN TO THE
NORTHWEST SENIOR SERVICES BOARD (AB97 -205)
Brenner moved approval and amended to include Ella Miller, whose name was
inadvertently omitted from the agenda.
Motion carried unanimously.
5. REQUEST COUNCIL APPROVAL FOR THE EXECUTIVE TO SIGN AN
Council Minutes, 6/3/97, Page 5
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APPLICATION FOR A CLASS E LIQUOR LICENSE FOR LIQUOR AGENCY
#641 LOCATED AT 145 TYEE ROAD, POINT ROBERTS (AB97 -206)
Brown moved approval.
Motion carried unanimously.
6. REQUEST COUNCIL APPROVAL FOR THE EXECUTIVE TO SIGN AN
APPLICATION FOR A CLASS C & CLASS D LIQUOR LICENSE FOR
BIRCH BAY TERIYAKI AND DELI LOCATED AT 8036 BIRCH BAY
DRIVE, BLAINE (AB97 -203)
Starkenburg moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
Brenner moved to accept the introduction items.
Motion carried unanimously.
1. ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #6 (AB97 -207)
2. ORDINANCE ESTABLISHING THE W 4ATCOM COUNTY FERRY RATE
SCHEDULE (AB97 -209)
3. ORDINANCE ESTABLISHING THE FLOOD CONTROL ZONE DISTRICT
FUND NO. 00169 (AB97 -210)
4. ORDINANCE ESTABLISHING AN INTERFUND AGREEMENT TO
PURCHASE THE CIVIC CENTER BUILDING FOR THE HEALTH
DEPARTMENT CONSOLIDATION (AB97 -208)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Jeff Monsen, Public Works, prepared a resolution, "RESOLUTION BY THE
WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS
REGARDING PILOT PROJECTS FOR EMERGENCY FLOOD CONTROL WORKS AND
FISHERY HABITAT ENHANCEMENT ALONG THE BANK OF THE NOOKSACK RIVER
(AB97 -196) at the request of the Public Works Committee, which was presented to the Council.
There was much discussion on the resolution regarding the costs involved. Dave Wareing,
Executive's Office, commented, as did Monsen.
Council Minutes, 6/3/97, Page 6
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Brenner moved to amend by saying that this resolution, if approved by the Board of
Supervisors, go before the Flood Control Advisory Committee for consideration.
Motion carried 6 -1 with Imhof opposed.
Main motion carried 6 -1 with Imhof opposed.
Sutter stated that Requests for Proposal (RFP) for Water Resource Management Body
were in each Council member's box. As indicated in her memo, if comments are not back to
Council member Sutter by the 10th, she will assume that means implicit approval for the
proposal.
Nelson attended a community health forum last Saturday, which addressed the health of
the community to bring the idea of physical health and public health systems, as well as
consideration of schools, criminal justice, and community life.
ADJOURN
The meeting was adjourned at 10:15 p.m.
Jill Nixon, Records Transcription
These minutes were approved by Council on _May 4 , 1999.
ATTEST:
Dana Brown- Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Member
Council Minutes, 6/3/97, Page 7