HomeMy WebLinkAboutCouncil May 6 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
May 6, 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
Nelson announced that in the Committee of the Whole, Council held discussion on Health
Department leases (AB97 -124). Solid waste issues were not discussed (AB97 -018). Tom Anderson and
Steve Jilk gave a presentation on options for the formation of a Whatcom County Resource Alliance
(AB97 -158).
SPECIAL PRESENTATION
SPECIAL PRESENTATION BY WHATCOM COUNTY EXECUTIVE PETE
KREMEN REGARDING THE CRIMINAL JUSTICE BLUE RIBBON PANEL
(AB97 -017)
County Executive Pete Kremen introduced the panel who were present: Art Anderson, chair;
James Wilson; Ron Polinder; Marvin Wolff; Dick Beardsley; and Egbert Maas. Other members were:
Cheryl Hershey; Pastor Len Ericksen; Debbie Anderson; Fielding Formway; Kathy Harvey; Gordon
Dolman; and Ken Roberts.
Anderson, 5326 WIlliams Road, Everson, gave background information. The Panel met with
many people, including the public, judges, and private providers. He commended Kremen and Wareing,
as well as Panel members. The report provided is a consensus. He highlighted one key issue that was
raised, the amount of outstanding warrants.
Kremen commended all the Panel members.
2. ANNUAL REPORT BY WHATCOM COUNTY EXECUTIVE PETE KREMEN REGARDING
COUNTY PERFORMANCE AND STRATEGIC PLANNING (AB97 -017)
Last year =s economy was sluggish, and there were scarce funding resources. Today, the future
Regular Council Minutes, 5/6/97, Page 1
looks somewhat better. Kremen attributed the success of the current circumstances to, at least in part, the
relationship between the Executive and Council. He recounted some of the collective accomplishments.
He stated the County must strive for efficient cost effective service to the public. Those
responsible for administering the public =s business must ensure the tax dollars entrusted to their
stewardship are managed wisely; monies must be spent and invested wisely. He then spoke to some
accomplishments and current work in the various departments.
The County is making substantial progress in getting the work done with greater efficiency and
increased workloads. He then commented about improvements needed. Responsiveness needs to be
made a priority of government.
OPEN SESSION
The following people addressed Council:
Patty O'Neil, Blaine: Humane Society (AB97 -164A)
David Redfox, 184 E. Kellogg Road #E4: Whatcom County an All American County (handout
on file)
Giovanna Rosenlicht, Bellingham, Humane Society staff vet: Human Society (AB97 -164A)
William Goff, 3763 H Street Blaine: City of Blaine sewage main (Dawson suggested putting this
issue in Natural Resources Committee. Blaine is to be invited to the meeting to provide a response.)
Dan Warner, 3854 Squalicum Lake Road, Humane Society Board Chair: Humane Society
(AB97 -164A)
Yvonne Wiesen: Humane Society (AB97 -164A)
Skip Saylors, 1014 -11th Street, Humane Society Board Member: Humane Society (AB97 -164A)
Bernice Brannon, 4097 Puffin Road: Fee Land (AB95 -080)
(Clerks Note: Tape 1, Side B)
Bonita Bowen, 1212 Woburn Avenue: Humane Society (AB97 -164A)
Bob Wiesen, 3314 Douglas Road, Ferndale: Humane Society (AB97 -164A)
John Lesow, 317 Madrona Place, Point Roberts: Humane Society (AB97 -164A)
Gwen Hunter, 2524 Victor Street, Humane Society volunteer: Humane Society (AB97 -164A)
(handout on file)
Lynn Trazinka, 2603 Daken Street: Humane Society (AB 164A)
Marc Belair, 2925 Vining Street: Humane Society (AB97 -164A)
Mary Lee Rustand, Rustand Inc., 5381 Snow Goose Lane, Blaine: Humane Society (AB97-
164A)
Cleo Callen: Humane Society (AB97 -164A)
Deb Logan, 515 -12th Street: Humane Society (AB97 -164A)
Greg Rustand, Rustand Inc., 5381 Snow Goose Lane, Blaine: Humane Society (AB97 -164A)
Dr. Todd Perry, 2430 Meridian Street: Humane Society (AB97 -164A)
Sylvia Thorpe, 5079 Everson - Goshen Road: Humane Society (AB97 -164A)
Sheriff Dale Brandland: Humane Society (AB97 -164A)
Susan Denado, 1372 Roma Road: Humane Society (AB97 -164A)
Ed Stone, 3413 Mt. Baker Highway, County vet and a Humane Society Board Member: Humane
Society (AB97 -164A)
Regular Council Minutes, 5/6/97, Page 2
Cheryl Yokum, Birch Bay, employee of Humane Society: Humane Society (AB97 -164A)
Rita Foley, South Lake Whatcom: Humane Society (AB97 -164A)
Michelle Whittaker (sp ?), 2644 Sherwood Lane: Humane Society (AB97 -164A)
E. Van Dosa, 1302 Birchwood Avenue, employee of the Humane Society: Humane Society
(AB97 -164A)
Pat Voke, volunteer at the Humane Society: Humane Society (AB97 -164A)
Kurt Denke, Seattle: Stop -work Orders
Terry Ferguson, Second Chance Horse Rescue Ranch: Humane Society (AB97 -164A)
(Clerks Note: Tape 2, side A)
Carol Lefcourte, 907 -16th Street, Director, Humane Society: Humane Society (AB97 -164A)
Dan Gibson, Prosecuting Attorney =s Office, gave follow -up comments to Kurt Denke's
comments. No stop -work orders have been issued.
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and stated consent item #1
has been withdrawn. He moved approval of items 3, 4, 5, and 6.
Motion carried unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #1 WITH WHATCOM COUNSELING AND PSYCHIATRIC CLINIC
FOR ON -SITE SERVICES FOR THE JAIL (AB97 -163)
2. REQUEST DISCUSSION AND RECOMMENDATION TO AWARD THE
CONTRACT FOR ANIMAL CONTROL SERVICES (AB97 -164)
Imhof moved to award the contract to the Humane Society.
Brenner stated she would like a proposal to attach to this and all future contracts: "No sitting
member of a County Council who votes on any contract will have any business relationship with the
awardee of the contract for the duration of the contract. Such a business relationship shall constitute a
violation of the contract which will become immediately null and void .=_ Council members should not
lobby on a particular issue when they may profit later. Dan Gibson, Prosecuting Attorney =s Office,
commented. There was discussion regarding the intent of Brenner's proposal. Gibson stated the vote is
on the award of the bid. Subsequently a contract will be created. There was further discussion regarding
the ramifications of such a proposal and the need to define the scope of how this language would be
specified.
Brenner stated her proposal was a motion.
There was further discussion. Dawson suggested this issue be discussed in committee.
Motion failed 1 -6 with Brenner in favor.
Regular Council Minutes, 5/6/97, Page 3
Brenner moved to put this issue into committee.
Nelson gave his approval to do so. Discussion followed.
There was further discussion. Topics included: the contents of the proposal; the five -year limit;
euthanization policies; lack of space; and contracts which require the acquisition of capital facilities.
(Clerks Note: Tape 2, side B)
Nelson moved to go into executive session to discuss the legal ramifications of the RFP process.
Motion carried 6 -1 with Brenner opposed.
(Clerks Note: A five- minute break was taken)
There was further discussion. Topics included the Humane Society newsletter; its current
facility; the contract that will be written; and a timeline of building a new facility.
Motion to support the Humane Society =s contract failed 2 -5 with Nelson and Brenner in favor.
Imhof moved approval of the contract with SSP.
Motion carried 6 -1 with Brenner opposed.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
INTERLOCAL AGREEMENTS WITH THE CITY OF BELLINGHAM FOR
CONSTRUCTION OF A MODERATE RISK WASTE FACILITY AND HAZARDOUS
WASTE MANAGEMENT SERVICES (AB97 -165)
4. RESOLUTION ESTABLISHING CRP 997006 AND 997007, THE CLEANING AND
PAINTING OF HANNEGAN ROAD BRIDGE #252 AND BAKER LAKE ROAD
BRIDGE #421, AND APPROVAL OF CONTRACT AWARD TO THE LOWEST
BIDDER, A & A COATINGS, INC. IN THE AMOUNT OF $73,549.00 (AB97 -166)
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #1 WITH CATHOLIC COMMUNITY SERVICES NORTHWEST FOR
CHILDREN =S HOSPITAL DIVERSION SERVICES (AB97 -167)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERIM CONTRACT EXTENSION WITH THE WHATCOM COUNTY HUMANE
SOCIETY (AB97 -168)
(Clerks Note: A five- minute break was taken)
PUBLIC HEARING
RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY, PURSUANT
TO WCC 1.10 (AB97 -141A)
Regular Council Minutes, 5/6/97, Page 4
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved approval of the resolution.
There was discussion on the motion.
Motion carried unanimously.
2. EMERGENCY ORDINANCE REPLACING ORDINANCE 97 -012, WHICH AMENDS
WHATCOM COUNTY CODE 16.16, CRITICAL AREAS, TO COMPLY WITH THE
WASHINGTON STATE GROWTH MANAGEMENT ACT (AB97 -178)
Dan Gibson, Prosecuting Attorney =s Office, gave background on the purpose of the emergency
ordinance. The Critical Areas Ordinance (CAO) continues to be processed through the Planning
Commission. Extension of the current emergency CAD is for up to 60 days.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved adoption.
There was discussion on the motion.
Motion carried unanimously.
3. EMERGENCY ORDINANCE ADOPTING INTERIM DEVELOPMENT REGULATIONS TO
IMPLEMENT THE PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN (AB97-
169)
This item was held for two weeks (May 20). Dan Gibson, Prosecuting Attorney =s Office,
requested clarification of scheduling Development Regulations before Council in two weeks, noting there
were concerns about the need for additional time to review. He requested concerns by Council be
processed as soon as possible. Starkenburg, Planning and Development Committee Chair, clarified that
issues are pending with the Development Regulations and the Facts and Findings of the Comp Plan. The
Comp Plan itself is ready for action.
Michael Knapp, Planning and Development Services Director, stated his department would prefer
to have the meeting next Tuesday regarding the development regulations. The Council Committee
of the Whole will be scheduled May 13 at 10 a.m. to discuss Development Regulations; the May 20
meeting will be scheduled for Planning and Development Services Committee at 10 a.m. for all Council
members.
4. EMERGENCY ORDINANCE ADOPTING ZONING OVERLAY MAPS TO IMPLEMENT
THE SHORT TERM URBAN GROWTH AREAS DESIGNATED IN
Regular Council Minutes, 5/6/97, Page 5
THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN ON AN INTERIM BASIS
(AB97 -170)
This item was held for two weeks (May 20 - -note above paragraphs).
OTHER ITEMS
RESOLUTION SUPPORTING THE NOOKSACK TRIBE SALMON RESTORATION
PROJECT (AB97 -136A)
Dawson reported for Natural Resources Committee and moved approval of the resolution.
Sutter stated that there was a minor language change submitted by Skip Richards which clarifies
the language (on file) in paragraph 5, packet page 132, and moved that as an amendment.
AWHEREAS, the County Council has determined that the Project might have significant
potential to help restore the local salmonid population; a ei by
helping to determine aid in detefmifling just what. the relationship between land use
activities have and salmonid species survivability,
which in turn will enable development of updated Best Management Practices by for use
in agriculture, forestry, housing development, and other land use activities, for assuring
water quality and habitat maintenance; and,...=
Motion carried unanimously.
Nelson moved to add language on packet page 133:
"BE IT FURTHER RESOLVED with the input from interested parties that the Whatcom
County Council...."
There was discussion on the motion.
Motion failed 3 -4 with Sutter, Brown, Imhof and Starkenburg opposed.
Motion as amended carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION FOR A
CLASS E AND CLASS F LIQUOR LICENSE FOR SUNNY ENTERPRISES, INC. LOCATED
AT 5464 GUIDE MERIDIAN ROAD, BELLINGHAM (AB97 -171)
Imhof moved approval.
Motion carried unanimously.
REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO APPOINT
MR. KIM POSTER TO THE CIVIL SERVICE COMMISSION (AB97 -172)
Imhof moved approval.
Regular Council Minutes, 5/6/97, Page 6
Motion carried unanimously.
4. RESOLUTION SUPPORTING A SHARING ARRANGEMENT BETWEEN THE
UNITED STATES AND CANADA REGARDING FRASER RIVER SOCKEYE
SALMON (AB97 -161)
Nelson moved approval.
Nelson spoke on the background of bringing this item to the Council.
Motion carried unanimously.
RESOLUTION SUPPORTING THE PHASING IN AND USE OF MODIFIED GILL
NETS FOR NON - TRIBAL FISHERS TO PROTECT SEA BIRDS
(AB97 -162)
Nelson gave background on this item.
Nelson moved approval.
There was discussion on the motion.
Motion carried unanimously.
6. APPOINTMENTS TO FILL VACANCIES ON THE CITIZENS PROPERTY REVIEW
COMMITTEE (AB97 -098)
Nelson moved approval by acclamation of all seven applicants.
Motion carried unanimously.
7. ORDINANCE ADOPTING THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB96-
051L)
This item was held.
INTRODUCTION ITEMS
Imhof moved to accept the introduction items.
Sutter moved to include the ordinance by Bob Anderson (habitat mitigation proposal, #6) to the
introduction items.
Motion carried unanimously.
ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #5 (AB97 -173)
fib• : � 1► :�[��:7x•`f:. • 1► i'fl►f.Y117,1�11IhCel. • ' �ei►i.Y•I►[•1�17LII.�[K• lli- ��1�'Q• � • .
Regular Council Minutes, 5/6/97, Page 7
IN SUBDIVISIONS (AB97 -174)
ORDINANCE REGARDING INSTALLING STOP SIGNS ON CERTAIN COUNTY ROADS
IN SUBDIVISIONS (AB97 -175)
4. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCTS
(AB97 -176)
ORDINANCE AMENDING THE WHATCOM COUNTY CHARTER TO BE
SUBMITTED TO THE PEOPLE REGARDING LIMITING THE COLLECTION OF
TAXES (AB97 -177)
6. HABITAT MITIGATION PROPOSAL (AB97 -144)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Washington Association of Counties (AB97 -001): Imhof reported on the infrastructure
conference held in Denver.
F.1131811111101
The meeting was adjourned at 10:10 p.m.
Jill Nixon, Recording Secretary
These minutes were approved by Council on _'1997.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk L. Ward Nelson, Council Chair
Regular Council Minutes, 5/6/97, Page 8