HomeMy WebLinkAboutCouncil December 10 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
December 10, 1996
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 Committee of the Whole, a motion was missed previously and
was made tonight (AB96 -427).
Also, the Committee of the Whole met last Tuesday and, in executive session, discussed
the recall of Coucil member Dawson and the question of legal representation.
(Clerk's Note: The motion and vote were taken after tonight's public hearing.)
Nelson moved that legal counsel be provided.
Motion carried 5 -1 with Brenner opposed and Dawson abstaining.
APPROVAL OF MINUTES FOR THE FOLLOWING MEETINGS: AUGUST 6,
SEPTEMBER 3, OCTOBER 29, AND NOVEMBER 26, 1996 REGULAR COUNCIL
MEETINGS.
Imhof moved approval of the minutes as presented.
Motion carried unanimously.
OPEN SESSION
The following people addressed Council in open session:
Regular Council Minutes, 12/10/96, Page 1
Doug Robertson, 2605 Sunset Drive: Cleanup of the Ferndale Sewage Treatment Plant
(handout) (AB96 -404)
Jeff McKay, 4693 Sucia Drive, Ferndale, President of Rainbow Coalition: Supports
elected officials (AB96 -360)
Steve Reiber, 161 Cain Lake Road: Comprehensive Plan hearing schedule (AB96 -051)
Sherilyn Wells, 1020 Geneva: Comprehensive Plan (handout) (AB96 -051)
Ron Bronsema, Chair of Flood Control Zone District Advisory Committee: Gravel
removal in the Nooksack River (AB96 -310) (Dawson suggested putting this into the Natural
Resource Committee)
Robin Dexter, 3726 Broad Street: Flood Committee recommendation (AB94 -227)
John Matzinger, Whatcom County River and Flood Engineer: Flood Committee
recommendation (AB94 -227)
Brenner moved to write a letter in support of the Flood Control Zone District Advisory
Committee's recommendations and send a copy to the federal representative.
Motion carried unanimously.
Starkenburg responded to Reiber's comments regarding the Comprehensive Plan hearing
schedule, noting that there were eight public hearings held in various places. More opportunity to
testify will be upcoming. Gibson stated there will be further opportunity for public written
comment.
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of items 1, 2 and 4.
Motion carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LOCAL LAW ENFORCEMENT BLOCK GRANT AGREEMENT FOR
$25,797.00 (AB96 -418)
2. REQUEST AUTHORIZATION FOR RATIFICATION OF TEAMSTER'S
LOCAL #231, PROSECUTING ATTORNEY'S COLLECTIVE BARGAINING
AGREEMENT FOR A THREE YEAR TERM (AB96 -419)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT FOR EXTENSION OF THE
BELLINGHAM/WHATCOM COUNTY HUMANE SOCIETY AGREEMENT
(AB96 -420)
Regular Council Minutes, 12/10/96, Page 2
Imhof moved to amend by adding "not to exceed 60 days" and not to exceed $20,833.33
per month with extra call outs to come out of that total.
Brad Bennett, ADS Finance, commented regarding his concern.
Brenner moved a friendly amendment to increase the timeframe to 90 days. She also
requested that the Executive ask the new director to make a presentation to Council regarding an
update from the Humane Society.
Imhof accepted the amendment to increase the timeframe to 90 days. The presentation
will be requested for the Public Works and Capital Projects Committee.
Motion to amend carried unanimously.
4. RESOLUTION AMENDING RESOLUTION 96 -061, ADOPTING A SALARY
SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY
EMPLOYEES FOR THE YEAR 1997 (AB96 -341 C)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE NORTH SOUND REGIONAL SUPPORT
NETWORK (AB96 -428)
This item has been withdrawn.
PUBLIC HEARING
ORDINANCE ADOPTING THE 1997 UNIFIED FEE SCHEDULE (AB96 -402)
Brad Bennett, ADS Finance, gave a staff report. He explained that the fees are very
similar to last year.
Nelson opened the public hearing, and the following person spoke:
Dave Bader, County Construction Recyclers
Hearing no one else, Nelson closed the public hearing.
Imhof moved to adopt the ordinance.
Brenner moved to amend by pulling the fees requested by Mr. Bader and putting this into
Public Works and Capital Projects Committee to obtain a report regarding his comments.
Regular Council Minutes, 12/10/96, Page 3
There was discussion on the motion with the following people speaking:
Regina Delahunt, Health Department
After hearing from Delahunt, Brenner withdrew her motion.
There was further discussion regarding post - closure care; photocopy fees; and code
appeal fees.
Brad Bennett
Bill Florea, Planning Services
Brown moved to remove site plan review residential and site plan review commercial fees.
Michael Knapp, Planning and Development Services, spoke to the motion.
Motion to amend failed 2 -5 with Brenner and Brown in favor.
There was further discussion regarding some fees changing so dramatically. Florea
responded.
Main motion to adopt carried 6 -1 with Brown opposed.
2. RESOLUTION APPROVING THE 1997 SIX -YEAR PHYSICAL PLANT AND
FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS AND
FACILITIES FOR WHATCOM COUNTY (AB96 -403)
Brad Bennett, ADS Finance, gave a brief staff report.
Nelson opened the public hearing, and the following person spoke:
Sherilyn Wells, 1020 Geneva
Hearing no one else, Nelson closed the public hearing.
Imhof moved approval of the resolution.
Brenner moved to amend by removing the $100,000 for the engineering study of the Lake
Whatcom Connector.
There was discussion on the motion.
Motion to amend failed 1 -6 with Brenner in favor.
Regular Council Minutes, 12/10/96, Page 4
Imhof moved to amend by adding a #16 for $50,000 to extend the Slater Road to the
Guide Meridian.
Nasser Mansour, Engineering, indicated that there is $10,000 for each of the next six years
that is already included. Given that information, Imhof withdrew his motion.
There was further discussion regarding the withdrawn motion; the Capital Facilities Plan,
to which Bennett responded; and ADA compliance for the parks.
Motion to approve the resolution carried unanimously.
OTHER ITEMS
1. ORDINANCE AMENDING THE BUDGET, REQUEST #11 (AB96 -404)
Imhof reported for Finance and Administrative Services Committee and moved to adopt
the ordinance.
Nasser Mansour, Engineering, answered questions.
Motion to adopt carried 6 -1 with Brenner opposed.
2. ORDINANCE AMENDING THE BUDGET, REQUEST 912 (AB96 -413)
Imhof reported for Finance and Administrative Services Committee and moved to adopt
the amended version of the ordinance.
The amended version adds non - departmental $60,000 to the Commute Trip Reduction
Program and the $20,000 CTED grant for the Comprehensive Plan, for a total of $80,000.
Motion to adopt carried unanimously.
3. ORDINANCE MODIFYING DEPARTMENT STRUCTURE BY
RELOCATING DISTRICT ACCOUNTING FUNCTIONS FROM THE
COUNTY AUDITOR'S OFFICE TO THE ADMINISTRATIVE SERVICES
DEPARTMENT AND CONSOLIDATING COMBINED TREATMENT
SERVICES AND DEVELOPMENTAL DISABILITIES INTO THE HEALTH
DEPARTMENT (AB96 -411)
Nelson moved approval.
Regular Council Minutes, 12/10/96, Page 5
Imhof moved to amend packet page 25, line 34, by changing language:
of the county council. The directo, shall be the county ffiftffibefi 96 alcoholism
4 and the county drug abuse ,001 uljlatO
coordinator in accordance with...."
Motion carried unanimously.
4. ORDINANCEAMENDING THE DATE OF REPAYMENT FOR A
COURTHOUSE EXPANSION LOAN THROUGH AN INTERFUND
TRANSFER FROM THE WHATCOM COUNTY ROAD FUND (AB96 -412)
Imhof reported for Finance and Administrative Services Committee and moved approval.
Brad Bennett, ADS Finance, gave a staff report.
Motion to adopt carried 6 -2 with Brenner and Brown opposed.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE TASK
ORDER #10, EVALUATION OF WATER STORAGE NEEDS (AB96 -410)
Dawson reported for Natural Resources Committee and moved approval.
Motion to approve carried unanimously.
6. REQUEST APPROVAL FOR EXECUTIVE TO SIGN APPLICATION FOR
CLASS P LIQUOR LICENSE BY WICKER ACCENTS, SMITHSON
CONTRACTING, INC., AND CHRISTOPHER & DAVID SMITHSON
LOCATED AT 2420 LEE WAY, BELLINGHAM (AB96 -421)
Imhof moved approval.
Motion to approve carried unanimously.
7. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO RE-
APPOINT J. ROBERT GORDON, HARRY P. JONES AND JIM WILLIAMS
TO A SECOND TWO -YEAR TERM TO THE DEVELOPMENT STANDARDS
TECHNICAL ADVISORY COMMITTEE AND APPOINT JIM WIGGINS FOR
THE REMAINING VACANCY (AB96 -422)
Brenner moved to confirm the appointments.
Motion carried unanimously.
Regular Council Minutes, 12/10/96, Page 6
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8. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO
APPOINT KENNETH HENDERSON TO THE AT -LARGE POSITION ON
THE PARKS AND RECREATION COMMISSION (AB96 -423)
Imhof moved to approve.
Motion carried unanimously.
9. REQUEST COUNCIL (ACTING AS LAKE MANAGEMENT DISTRICT
BOARD OF SUPERVISORS) CONFIRMATION FOR THE EXECUTIVE TO
APPOINT EILEEN SCHENK TO THE CITIZEN ADVISORY COMMITTEE
FOR THE LAKE MANAGEMENT DISTRICT #1 (AB96 -424)
Imhof moved to approve.
Motion carried unanimously.
10. ORDINANCE FORMING THE LYNDEN REGIONAL PARK AND
RECREATION DISTRICT (AB96 -4,15)
Dawson moved to adopt the ordinance.
Motion to adopt carried unanimously.
11. ANNUAL APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
(AB96 -366)
Board of Equalization:
Dawson nominated Joe Burton.
Brenner nominated Howard Sheline.
Name
Brenner
Dawson
Brown
Starken.
Sutter
Imhof
Nelson
Burton
X
X
X
X
Sheline
X
X
X
Burton was appointed.
Flood Control Zone District Advisory Committee:
Imof moved to approve the special districts appointments by acclamation.
Regular Council Minutes, 12/10/96, Page 7
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Motion carried unanimously.
Impacted Cities:
Dawson nominated Bill Harriman.
Brown nominated Robert Mitchell.
Brenner nominated Joy Monjure.
Name
Brenner
Dawson
Brown
Starken.
Sutter
Imhof
Nelson
Harriman
X
X
X
X
Mitchell
X
X
X
X
Monjure
I X
X
X
X
X
X
Name
Brenner
Dawson
Brown
Starken.
Sutter
Imhof
Nelson
Harriman
X
X
X
X
Mitchell
X
X
X
Monjure and Harriman were appointed.
Noxious Weed Board received no applicants.
Open Space Advisory Committee received no applicants.
Planning Commission: District 2 nominations:
Starkenburg nominated Robert Ney and Jack Laird.
Brown nominated Jerald Hardy and Joe Burton.
Dawson nominated Samuel Crawford.
Regular Council Minutes, 12/10/96, Page 8
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Name
Brenner
Dawson
Brown
Starken.
Sutter
Imhof
Nelson
Ney
X
X
X
X
X
X
X
Laird
X
X
X
X
Hardy
X
I X
X
X
X
X
Burton
X
X
X
X
Crawford
X
X
X
Name
Brenner
Dawson
Brown
Starken.
Sutter
Imhof
Nelson
Laird
X
X
X
Hardy
X
X
Burton
I
I X
X
X
X
Crawford
X
X
X
Name
Brenner
Dawson
Brown
Starken.
Sutter
Imhof
Nelson
Laird
X
X
Hardy
X
Crawford
I
I X
X
X
X
(Clerk's Note: Starkenburg expressed his willingness to move his vote from Laird to
Crawford, thus giving Crawford a majority.)
Robert Ney and Samuel Crawford were appointed to District 2.
District 3 nominations:
Brenner nominated Robert Weisen.
Imhof nominated Frederick Bierlink.
Regular Council Minutes, 12/10/96, Page 9
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Name
Brenner
Dawson
Brown
Starken.
Sutter
Imhof
Nelson
Weisen
X
X
X
X
X
X
Bierlink
X
X
Nikula.
Robert Wiesen was appointed to District 3.
Sewage Control received no applicants.
Solid Waste Advisory Committee.
Imhof moved the first three by acclamation: Carl Weimer, Herbert Barker, and Edward
Motion carried unanimously.
Dawson nominated Dave Bader.
Imhof moved Bader by acclamation.
Motion carried unanimously.
Dawson nominated Matthew Baker.
Imhof nominated Marilyn Andersen.
Brown nominated Richard Johnson.
Nelson nominated Louis Rzemien.
Brenner nominated Vincent Kelley.
Name
Brenner
Dawson
Brown
Starken.
Sutter
Imhof
Nelson
Baker
X
X
X
Andersen
Johnson
X
X
Rzemien
X
X
Kelley
Regular Council Minutes, 12/10/96, Page 10
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Name
Brenner
Dawson
Brown
Starken.
Sutter
Imhof
Nelson
Baker
X
Johnson
X
X
Rzemien
I X
j X
j
j X
j X
Sutter moved to vote for the two remaining names having the most votes; that person then
is voted on with the person already having the most votes. She. then withdrew her motion.
Louis Rzemien was appointed.
INTRODUCTION ITEMS
Imhof moved to accept the introduction items.
Motion carried unanimously.
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION OF
HEARING EXAMINER FILE NO, CUP95 -0056, FILED BY RONALD
ROBERTSON, C/O FRANK CHMELIK (AB96 -381)
2. ORDINANCE IN THE MATTER OF INSTALLING STOP SIGNS ON
VARIOUS WHATCOM COUNTY ROADS (AB96 -425) (HEARING TO BE
SCHEDULED)
3. ORDINANCE AMENDING THE 1997 BUDGET, SUPPLEMENTAL REQUEST #1
(AB96 -426)
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.92.120
REGARDING THE DEPUTY HEARING EXAMINER (AB96 -348)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Comprehensive Plan Review (AB96 -051): Starkenburg noted the next meeting is
Thursday, December 12, at 2 p.m., and deals with Housing and Recreation.
Telephone Access (AB96 -138): Brenner noted she is writing a column for the Herald
regarding a response to the article on local phone service. Copies will be given to all Council
members.
Regular Council Minutes, 12/10/96, Page 11
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Coalition of Washington Counties (AB96 -001): Sutter noted this organization has
prepared a list of suggested changes to the Growth Management Act. A meeting is scheduled for
December 20 in Everett. She encouraged two Council members to attend; a quorum is
discouraged.
Imhof wished all a Merry Christmas and a Happy New Year.
Nelson wished all the same.
Pete Kremen, Executive, expressed his appreciation to Council on completing the first
year of his administration together, as well as complimenting Council on the work accomplished.
Nelson stated it was a positive experience working with Administration and all staff.
ADJOURN
The meeting was adjourned at 9:20 p.m.
Marina Mason, Recording Secretary
These minutes were approved by the Council on January 28 J. 1997.
ATTEST:
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. 1 • Co'u'ncil Chair
Regular Council Minutes, 12/10/96, Page 12