HomeMy WebLinkAboutCouncil November 18 1997WHATCOM COUNTY COUNCIL
Regular Council Meeting
November 18, 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 the Committee of the Whole discussed the following in executive
session:
Consideration of the appeal of the Hearing Examiner's decision on
Administrative Decision (APL97 -004) filed by Kreig McBride (AB97 -300).
Starkenburg moved to uphold the decision of the Hearing Examiner.
Motion carried 6 - 1 with Brenner opposed.
Consideration of the appeal of the Hearing Examiner's decision (on remand) of
Preliminary Plat (PLS92 -0009) filed by J. Michael and Candace McCormick
(AB97 -182).
Starkenburg moved to uphold the decision of the Hearing Examiner.
Brenner stated she would abstain due to ex -parte communication.
Motion carried 6 - 0 with Brenner abstaining.
Discussion with Civil Deputy Prosecutor Randy Watts regarding pending
litigation (AB97 -018) was withdrawn.
Discussion with Senior Civil Deputy Prosecutor Daniel Gibson regarding pending
litigation (AB97 -018): discussion was held and direction was provided.
OPEN SESSION
Regular Council Minutes, 11/18/97, Page 1
The following people addressed Council:
Jay Gunsauls, Bellingham Fire Chief. Budget (AB97 -365)
Jeff McKay, 4693 Sucia Drive, Ferndale: Criminal Justice (AB97 -365)
Steve Jilk, 512 Brookway, Lynden, representing the Nooksack Basin Steering Committee
and the city of Lynden: Water Resources Management Council (AB97 -113A)
Skip Richards: Water Resources Management Council (AB97 -113A)
Jim Miller, Executive Director of Council of Governments: Water Resources
Management Council (AB97 -113A)
Liz Ulrich, 8801 Shintaffer Road, Blaine: Drayton Harbor Neighborhood Association
(AB97 -278). Dan Gibson, Prosecuting Attorney's Office, responded.
Robin Dexter: Board and Commission and Council members (AB97 -278)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of items 1 - 8.
Motion approved unanimously.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID 97-
72 TO THE LOWEST RESPONSIVE BIDDERS: FOOD SERVICES OF
AMERICA FOR FRUITS & VEGETABLES IN THE APPROXIMATE TOTAL
OF $29,174.24; FOOD SERVICES OF AMERICA FOR GROCERIES &
SUPPLIES IN THE APPROXIMATE TOTAL OF $89,397.97; AND
INTERSTATE BRANDS FOR BREADS IN THE APPROXIMATE TOTAL OF
$12,593.00 (AB97 -373)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO EXECUTE A
LEASE WITH KENTUCKY STREET BUSINESS PARK FOR A RECORDS
STORAGE FACILITY (AB97 -374)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO EXECUTE
WHATCOM COUNTY'S PORTION OF TASK ORDER #14, AS PRESENTED
BY THE NOOKSACK BASIN WATER USERS STEERING COMMITTEE,
FOR INTERIM FINANCING OF THE OPERATING COSTS OF WATER-
RELATED GOALS OF THE LOCAL COMMUNITY, IN THE AMOUNT OF
$4,761 (AB97 -375)
4. REQUEST COUNCIL APPROVAL FOR THE TREASURER TO BEGIN
NEGOTIATIONS WITH KEY BANK TO ENTER INTO A THREE -YEAR
AGREEMENT, WITH TWO ADDITIONAL ONE -YEAR EXTENSIONS, FOR
WHATCOM COUNTY'S GENERAL BANKING AND SAFEKEEPING
Regular Council Minutes, 11/18/97, Page 2
SERVICES (AB97 -376)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERAGENCY AGREEMENT BETWEEN THE STATE OF WASHINGTON,
DEPARTMENT OF SOCIAL AND HEALTH SERVICES AND WHATCOM
COUNTY, COVERING THE PERIOD JULY 1, 1997 TO JUNE 30, 1998, FOR
THE CONSOLIDATED JUVENILE SERVICES PROGRAMS (AB97 -377)
6. REQUEST COUNCIL RATIFICATION OF WHATCOM COUNTY DEPUTY
SHERIFF'S BARGAINING AGREEMENT ALREADY RATIFIED BY THE
GUILD AGREEMENT FOR THE YEARS JANUARY 1997 THROUGH
DECEMBER 1999 (AB97 -310B)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT WITH RUSTAND INC. FOR OFF -SITE WORK RELEASE, IN
THE AMOUNT OF $408,800 (AB97 -378)
REQUEST COUNCIL RATIFICATION OF INTERNATIONAL FEDERATION
OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL 17,
COLLECTIVE BARGAINING AGREEMENT FOR THE YEARS JANUARY
1997 THROUGH DECEMBER 1999 (AB97 -379)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID
#97 -67 TO THE LOWEST RESPONSIVE BIDDER COASTLINE FORD TRACTOR,
FOR THE PURCHASE OF A REPLACEMENT HYDRAULIC EXCAVATOR IN THE
AMOUNT OF $175,440.60 (AB97 -380)
Imhof reported this item was not recommended by committee.
Starkenburg asked if committee suggested renting the equipment instead of purchasing,
which Imhof confirmed.
There was no motion on this item, so this equipment will need to be rented.
PUBLIC HEARING
RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY
SURPLUS PROPERTY PURSUANT TO WCC 1.10 (AB97 -352A)
Dave Wareing, Deputy Administrator, recommended the property be sold.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Regular Council Minutes, 11/18/97, Page 3
Imhof moved approval.
Motion carried unanimously.
2. ORDINANCE ADOPTING THE 1998 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB97 -367)
Wareing stated this ordinance includes all fees charged by the County for services
provided, permits, etc. There may be a few adjustments as the budget is fine tuned. He also
commented about Exhibits A and B.
Nelson opened the public hearing, and no one spoke.
Nelson closed the public hearing.
Imhof moved approval.
Brenner stated that various solid waste fees will be reviewed in the coming year. Sutter
inquired about the Health Department fees that have been dropped and the new fees that have
been added. Chuck Benjamin, Health Department Director, stated that the Health Department
will be using a more standardized fee schedule. Starkenburg inquired whether discussion
regarding the increase in the solid waste disposal tax took place in Finance and Administrative
Services Committee. Imhof replied it had not but stated if there is an adjustment to that figure, it
will be made after the budget has been completed.
Motion carried unanimously.
3. RESOLUTION ADOPTING THE 1998 SIX -YEAR PHYSICAL PLANT AND
FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS AND
FACILITIES FOR WHATCOM COUNTY, WASHINGTON (AB97 -370)
Wareing stated that this resolution contains all the road projects and their projections to
provide resources and facilities for County operations.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved approval.
Brown voiced his reservations because this resolution did not go through the committee
process. Also, a Capital Facilites Plan was approved during the Growth Management Act
(GMA) process, and he inquired if this was a duplication. Wareing stated both Plans will be
reconciled during 1998. Brown then asked which Plan took precedence. Dan Gibson,
Regular Council Minutes, 11/18/97, Page 4
Prosecuting Attorney's Office, clarified that the Comprehensive Plan policies addressing this
issue require an update. The annual Capital Facilities Plan is viewed as an update to the Plan.
Therefore, this proposed resolution would take precedence.
Starkenburg asked if the ADA compliance amount listed was what was budgeted. Also,
he expressed concern that this needed to go through capital facilities planning. Imhof
commented. Jeff Monsen, Public Works Director, stated that the planning needed to find out if
these projects are feasible is only beginning this process. Wareing stated that the figure is
necessary as an estimate for what kind of planning is done for this project. These figures are
projections only. Council has final authority. Brenner questioned why this item has not come
before committee. Imhof responded that this information was brought forward previously.
Brenner moved to hold in committee.
Motion to table carried 3 -4 with Sutter, Dawson, Brown and Brenner in favor (a 2/3 vote
was needed, not reached, and so the motion failed).
Brown inquired how the road projects had changed from the previous ones and requested
summary comments from the public discussion of the priorities on the road projects. Monsen
responded by clarifying the annual construction program was before Council and was included
in the Public Works requested capital budget, which is identical to the first year of the Six -Year
Road Program adopted mid -year. He stated this is the same packet of information that Council
received previously. Starkenburg clarified that the Six -Year Road Program is different from the
Capital Facilities Program in the Comprehensive Plan. Nelson clarified that Brown's concern
was with the Capital Facilities Program, not with the Six -Year Road Program.
Nelson moved to strike on packet page 232, line 2, the $4 million for the year 2000.
Motion carried unanimously.
Nelson moved to strike on packet page 232, line 6, $6.5 million for 1999, reduce the
$500,000 for 1998 and replace it with $250,000 as a place holder.
Nelson took the friendly amendment from Starkenburg to leave the $500,000 as is.
Motion carried unanimously.
Motion to approve as amended carried unanimously.
4. ORDINANCE REPEALING WHATCOM COUNTY CODE 9.04.030,
PROHIBITING PUBLIC CARDROOMS IN THE UNINCORPORATED
AREAS OF THE COUNTY (AB97 -331A)
Dave Wareing, Executive's Office, stated that this item was requested from a number of
Regular Council Minutes, 11/18/97, Page 5
citizens in Whatcom County. This was requested because there are already a number of similar
type cardrooms in the County.
(Clerk's Note: Tape 1, Side B)
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Dawson moved approval.
Motion carried unanimously.
OTHER ITEMS
COMMITTEE TO REPORT ON DISCUSSION REGARDING THE
PROPOSED PORTAGE BAY SHELLFISH PROTECTION DISTRICT (AB97-
195A)
Dawson reported for Natural Resources Committee and stated that there was a discussion
regarding the downgrade of Portage Bay. A proposal will be brought forward in December. The
County has until February to create a shellfish protection district.
2. RESOLUTION ENDORSING THE WATER RESOURCES MANAGEMENT
COUNCIL AS PROPOSED BY THE WHATCOM COUNTY COUNCIL OF
GOVERNMENTS (AB97 -113A)
Dawson reported for Natural Resources Committee and noted the state is directing
councils to adopt watershed programming.
Sutter moved approval of the resolution.
Sutter moved to amend on packet page 3: "NOW THEREFORE BE IT RESOLVED that
the Whatcom County Council hereby endorses and supports implementation of the "Proposal for
a Water Resources Management Council" as presented by COG under the following conditions:
1. That the WAC decision-making process be amended as suggested in a memo
dated November 6, 1997 from Skip Richards to "Participants of the October 8,
1997 meeting regarding the WAC /Full Council decision - making process ";
2. That the six month review of the Whatcom Resource Management Council be
done by the legislative bodies of each enteral purpose government participating
on the Full Council; and
Regular Council Minutes, 11/18/97, Page 6
3. Review by the County Council of the membership and protocol of the WAC and
the Full Council."
Nelson stated there was a concern about a consensus -based decision - making process and
noted that this amendment is an attempt to address that concern.
Brenner stated that this was discussed in committee and expressed concern with
jurisdictions not being accountable to the full Council. The County Council is the only body that
represents the entire County. Staffing for this could be used from grant money that will be
sought for funding. Brenner clarified that when jurisdiction falls under another organization, an
interlocal agreement could be utilized. There was further discussion.
Brenner moved to amend by making the County Council the legislative authority and
replace all reference to the Council of Governments (COG) with County Council.
Brenner's motion to amend failed 1 -6 with Brenner in favor.
Sutter's motion carried unanimously.
The amended resolution carried unanimously.
3. RESOLUTION ADOPTING RECOMMENDATIONS FOR 1997 OPEN
SPACE /TIMBER APPLICATIONS (AB97 -353)
Starkenburg reported for Planning and Development Committee and moved approval of
the resolution.
Motion carried unanimously.
4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 20.85, PLANNED UNIT
DEVELOPMENTS, ALLOWING AN INCREASE IN THE TOTAL NUMBER
OF SLEEPING UNITS FROM 20% TO A MAXIMUM OF 50% OF THE
TOTAL NUMBER OF DWELLING UNITS THAT WOULD BE ALLOWED
ON THE PROPERTY BY THE UNDERLYING ZONE REGULATIONS
WITHIN URBAN ZONES (AB97 -354)
Starkenburg reported for Planning and Development Committee and moved approval.
Motion carried unanimously.
5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CONCERNING SCREENING AND ACCESSORY
STRUCTURE REQUIREMENTS FOR LOTS WITHIN RECREATIONAL
Regular Council Minutes, 11/18/97, Page 7
SUBDIVISIONS (AB97 -355)
Starkenburg reported for Planning and Development Committee and moved Exhibit A
with recommendation for approval.
Nelson asked if this would change the covenants of the community and the allowable
usage. Sylvia Goodwin, Planning and Development Services Manager, stated the issue
regarding screening would be required between lots where one lot contains an RV and the other
lot contains a home.
Motion to adopt carried unanimously.
6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM COMMERCIAL FORESTRY (CF) TO RURAL FORESTRY (RF)
FOR APPROXIMATELY 42.78 ACRES IN THE FOOTHILLS SUBAREA
(AB97 -356)
Starkenburg reported for Planning and Development Committee and moved approval.
Motion to adopt carried unanimously.
7. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION ON ADMINISTRATIVE DECISION (APL97 -004) FILED BY
KREIG MCBRIDE (AB97 -300)
See "Announcements ".
8. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION (ON REMAND) OF PRELIMINARY PLAT (PLS92 -0009) FILED
BY J. MICHAEL AND CANDACE MCCORMICK (AB97 -182)
See "Announcements ".
9. RESOLUTION SUPPORTING THE CREATION OF THE PACIFIC SALMON
FUND BY THE FEDERAL GOVERNMENT (AB97 -364)
Nelson moved approval.
Imhof gave background on the origination of the proposed resolution. This has been
carried around various counties in Washington State.
Motion carried unanimously.
10. RESOLUTION SUPPORTING THE EFFORTS OF THE INTERNATIONAL
Regular Council Minutes, 11/18/97, Page 8
MOBILITY AND TRADE CORRIDOR PROJECT (AB97 -369)
Sutter gave background on the resolution and moved approval. This resolution addresses
cross - border transportation as well as border crossing /trucking issues, and east -west rail service.
The funding is from the federal government and private entities.
Motion carried unanimously.
11. RESOLUTION ESTABLISHING DATES FOR 1998 WHATCOM COUNTY
COUNCIL MEETINGS (AB97 -368)
Starkenburg moved approval.
Motion carried unanimously.
12. REQUEST BY THE PUBLIC WORKS AND CAPITAL PROJECTS COMMITTEE TO
HAVE CIVIL DEPUTY PROSECUTOR DANIEL GIBSON, OR OTHER LEGAL
STAFF, CONDUCT RESEARCH TO OBTAIN INFORMATION REGARDING THE
STATE LAW THAT CREATED THE UTC AND GAVE AUTHORITY REGARDING
PHONE COMPANIES (AB97 -037A)
Brenner gave background and requested legal staff to investigate the creation of the State
Utilities and Transportation Commission.
Imhof suggested contacting the Municipal Research Service for the information.
13. RESOLUTION TO APPOINT THREE INTERIM SUPERVISORS TO
MANAGE DIKING DISTRICT #4 UNTIL THE SPECIAL ELECTION OF
JANUARY 1998 (AB97 -257B)
Imhof moved approval.
Motion carried unanimously.
Nelson moved to reconsider the resolution.
Motion to reconsider carried unanimously.
Dan Gibson, Prosecuting Attorney's Office, gave clarification of the reason this item was
brought forward as a resolution. This is a resolution to comply with the RCW.
Regular Council Minutes, 11/18/97, Page 9
Bedlington
Bovenkamp
Kaemingk
White
Nelson
X
X
X
Regular Council Minutes, 11/18/97, Page 9
Sutter
X
X
X
Imhof
X
X
X
Starkenburg
X
X
X
Brown
X
X
X
Dawson
X
X
X
Brenner
j X
j X
X
Dick Bedlington, Herman Bovenkamp, and Elmer Kaemingk were appointed.
14. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE
THAN A YEAR OLD (ISSUED PRIOR TO MAY 1, 1996) THAT HAVE NOT
BEEN PRESENTED FOR PAYMENT (AB97 -381)
Imhof moved approval.
Motion carried unanimously.
INTRODUCTION ITEMS
Imhof moved to accept the Introduction Items.
Motion carried unanimously.
ORDINANCE AMENDING WHATCOM COUNTY CODE 8. 10, SOLID
WASTE AND RESIDENTIAL RECYCLING COLLECTION, AND
EXTENDING THE EFFECTIVE DATE (AB97 -382)
2. ORDINANCE AMENDING ORDINANCE 90 -13 BY REVISING THE
AMOUNT AUTHORIZED FOR THE ADS FINANCE DIVISION
PURCHASING OFFICE'S PETTY CASH AMOUNT FROM $500 TO $50
(AB97 -383)
3. ORDINANCE AMENDING ORDINANCE 90 -033 AUTHORIZING EXCESS
CASH IN CERTAIN FUNDS TO BENEFIT THE SAME (AB97 -384)
Starkenburg stated that the Executive has been contacted by the city of Bellingham
regarding the Interlocal Agreement. He moved to include this item as an introduction item.
Gibson stated the jurisdictions have been working on this agreement. Wareing stated that
his office is trying to take advantage of the opportunity to work with the city. The city is looking
to annexing the Bakerview area. This is the time to strike an agreement that is favorable to the
Regular Council Minutes, 11/18/97, Page 10
County and fair to the city of Bellingham.
(Clerk's Note: Tape 2, Side A)
Pete Kremen, County Executive, also commented.
There was discussion on water purveyor provisions in Interlocal Agreements.
Motion to introduce carried unanimously. This item will be put on the November 25
agenda for Planning and Development Committee for further discussion.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Washington State Association of Counties (AB97 -001): Sutter stated she attended the
American Water Resources Association Conference, as well as the Cascadia Group meeting,
which was concerned with intermodel transportation. She also met with the Shellfish Advisory
Committee at Drayton Harbor and will be working on better communications with that group.
Washington State Association of Counties (AB97 -001): Dawson attended the
conference for state counties. The session she attended discussed changes in septic designs,
which she will forward to Council members and Chuck Benjamin, Health Department director.
Washington State Association of Counties (AB97 -001): Imhof also attended this
conference. He noted it was helpful to have County staff available at the conference as well.
Budget (AB97 -365): Brown thanked Sutter for her notes on the IMTC program. He
wanted to follow up with Chelan County and how they structure their fees in criminal justice.
Starkenburg encouraged Bob Imhof and Bob Wiesen to agree to a computer recount of
the ballots in the recent election. Starkenburg questioned whether it would be legal to assign
someone other than an elected Council member to attend canvassing. Pete Kremen, County
Executive, stated that the Auditor was requested by one of the candidates to have the ballots
recounted by hand. It will take approximately three days, employ fifteen people, and cost
approximately $3,600 vs $500 -600 by computer.
Wareing addressed Starkenburg's questions concerning the cancellation of warrants. One
can request a warrant be reissued if it has expired.
Nelson stated there may be a meeting scheduled on December 16 due to the need to
complete work before the end of the year.
ADJOURN
The meeting was adjourned at 8:50 p.m.
Regular Council Minutes, 11/18/97, Page 11
Jill Nixon, 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, 11/18/97, Page 12