HomeMy WebLinkAboutCouncil July 9 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
July 9, 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 noted in executive session, the following discussions took place:
- master collective bargaining negotiations between Whatcom County and Teamsters
Local 4231 (AB96- 181A);
- discussion with Senior Deputy Prosecutor Daniel Gibson regarding pending litigation
(AB -077) (Council gave instruction);
- discussion with Chief Civil Deputy Prosecutor Randy Watts regarding pending litigation
(AB96 -077) (Council gave instructions); and
- discussion and possible action on City /County negotiations (AB96 -259).
SPECIAL PRESENTATION
MIKE BRENNEN, BELLINGHAM/WHATCOM COUNTY CHAMBER OF
COMMERCE, TO PROVIDE INFORMATION ON THE 1996 SKI TO SEA
FESTIVAL AND PRESENT THE COUNCIL WITH ITS ANNUAL EDITION
OF THE AWARD WINNING SKI TO SEA FESTIVAL POSTER (AB96 -245)
Mike Brennen, Bellingham/Whatcom County Chamber of Commerce, gave a brief
presentation. Council was presented with the current Ski to Sea poster and T- shirts.
Regular Council Minutes, 7/9/96, Page 1
Nelson announced that the Council will move item 8 under "Other Items" to the beginning
of the meeting due to time constraints of Mr. Asmundson.
DISCUSSION AND POSSIBLE ACTION ON CITY /COUNCIL NEGOTIATIONS.
(AB96 -259)
Mark Asmundson, Mayor of Bellingham, addressed the Council and reported that the City
Council unanimously approved the resolution.
Pete Kremen, County Executive, addressed the Council by thanking the Council for their
patience regarding the negotiations. He noted the cooperation between the city of Bellingham
and Whatcom County.
Starkenburg moved to request the Executive to finalize negotiations and move forward as
presented in executive session.
Motion carried unanimously.
OPEN SESSION
The following people addressed the Council:
Rita Foley, South Lake Samish: Road paving and destruction of trees on South Lake
Whatcom, Ludke and Branyon Road (Brenner requested Michael Knapp, Director of Planning
and Development Services, look into this situation and report to Council. Mr. Knapp stated that
the Planning and Development Department is already checking into the matter.)
Joe Elenbaas, 600 East Smith Road, Bellingham: Ordinance relating to land use, zoning
and adoption of new administrative procedures for processing permit applications (AB96 -233)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of items 1 through 5.
Motion carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTINUATION OF CONTRACT WITH DSHS FOR CHILD ABUSE
PREVENTION AND EARLY INTERVENTION SERVICES (AB96 -260)
Regular Council Minutes, 7/9/96, Page 2
2. REQUEST AUTHORIZATION TO REJECT THE BIDS FOR
REHABILITATION OF OLSON CREEK BRIDGE #162, NORTH SHORE
ROAD (AB96 -261)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #96 -48
FOR THE PURCHASE OF COMPUTER EQUIPMENT FOR DISTRICT COURT
PROBATION (AB96 -262)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CHANGE ORDER #1 TO THE CONTRACT WITH AGRA EARTH AND
ENVIRONMENTAL FOR SITE REMEDIATION AT BAKERVIEW SPUR
(AB96 -263)
5. RESOLUTION IN THE MATTER OF SETTING A DATE FOR A PUBLIC HEARING
FOR THE SALE OF SURPLUS PROPERTY (AB96 -264)
PUBLIC HEARING
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.15, SOLID
WASTE DISPOSAL SITES, EXEMPTING THE PROCESSING AND
DISPOSAL OF CONSTRUCTION AND DEMOLITION WASTE (AB96 -154A)
Jeff Monsen, Public Works Director, gave a staff report.
Nelson opened the public hearing, and the following people spoke:
Larry McCarter, RDS
Richard Langabeer, representing CCR
Carl Weimer, REsources
Dave Bader, CCR
Hearing no one else, Nelson closed the public hearing.
Brenner moved to table indefinitely.
Nelson stated that the motion was overruled.
Starkenburg moved approval of the ordinance.
There was discussion on the motion. Council's counsel, Dan Gibson, also participated in
the discussion.
Regular Council Minutes, 7/9/96, Page 3
Brenner moved to amend to delete the word "County" from "...per ton of all Solid
Waste processed..." in section .060(A)(4), packet page 150, line 5; line 8: "...byproducts £ottrrt
Solid Waste for a disposal rate based... "; and line 11: "...such Qgq
Solid Waste. ".
Motion to amend carried 4 -3 with Starkenburg, Dawson and Imhof opposed.
Brenner moved to add a clause at the beginning of the ordinance to read:
"THEREFORE, in addition to what is stated, we will exempt all disposal sites from the 20%
requirements, therefore putting everyone back on an equal footing."
Brown moved to table until litigation has been completed with RDS.
Motion carried 4 -3 with Dawson, Imhof and Starkenburg opposed.
2. FINAL DRAFT URBAN GROWTH AREA INTERLOCAL COOPERATION
AGREEMENT (AB96 -042A)
Michael Knapp, Planning and Development Services Director, gave a staff report.
Nelson opened the public hearing, and the following people spoke:
Skip Richards
Dan Gibson, Council's Counsel
Bob Andersen, PO Box 3183, Bellingham
Rita Foley, South Lake Whatcom
Hearing no one else, Nelson closed the public hearing.
Imhof moved to place this item into a work session for July 16 at 1 p.m. in the Council
Committee Room.
Motion carried unanimously.
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
ONE -YEAR LEASE WITH FRIESEN ELECTRIC FOR WAREHOUSE SPACE
TO STORE ELECTION EQUIPMENT (AB96 -244) (FROM 6 125)
Imhof reported for Finance and Administrative Services Committee and moved approval.
Motion carried unanimously.
Regular Council Minutes, 7/9/96, Page 4
2. ORDINANCE AMENDING THE BUDGET, REQUEST #5 (AB96 -249)
Imhof reported for Finance and Administrative Services Committee and moved approval.
There was discussion on the motion. Dave Wareing, Executive's Office, commented.
Motion carried unanimously.
3. RESOLUTION ESTABLISHING GUIDELINES FOR THE DEVELOPMENT
OF THE 1997 BUDGET (AB96 -267)
Imhof reported for Finance and Administrative Services Committee and moved approval
with the following amendments:
Imhof moved to recommend striking the word "Jail" on packet page 36, line 12:
"Criminal Justice (-JW'.
Motion carried unanimously.
Imhof moved to recommend changing language on packet page 36, line 16: "Regulatory
K"O .............................
CCl' Control/Planning ", moving "regulatory Reform and Control" to the area of higher
priority and leaving "Planning" under lower priority areas.
Motion carried unanimously.
Imhof moved to recommend adding language on packet page 36, line 15: "Human
Services .c1;r "
Motion carried unanimously.
Imhof moved to approve the resolution as amended.
Nelson moved to amend packet page 36, line 25 to read: "Contracting of services should
-vices at
be pursued in instances whereipnvate t €C sector providers can offe, sei
lesser cost than in-house ope, ati
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Motion carried unanimously.
Motion to approve the resolution as amended carried unanimously.
4. PROPOSED AMENDMENT TO THE RESORT AT LILY POINT/PUD91 -0001
/CUP91 -0042 (AB96 -253)
Regular Council Minutes, 7/9/96, Page 5
Starkenburg reported for Planning and Development Committee and moved approval.
Motion carried unanimously.
5. ORDINANCE RELATED TO LAND USE AND ZONING AND ADOPTION
OF NEW ADMINISTRATIVE PROCEDURES FOR PROCESSING PROJECT
PERMIT APPLICATIONS AS REQUIRED BY THE REGULATORY
REFORM ACT, CHAPTER 36.20B RCW (AB96 -233) (FROM 6125)
Starkenburg reported for Planning and Development Committee and stated this item will
be held in committee until July 23, 1996.
6. ORDINANCE EXTENDING THE INTERIM ZONING ORDINANCE,
CHAPTER 2.24A UNTIL JULY 15, 1997 OR UNTIL PERMANENT ZONING
IS ESTABLISHED FOR ALL AREAS WITHIN WHATCOM COUNTY
JURISDICTION (AB96 -248)
Starkenburg reported for Planning and Development Committee and moved approval of
the ordinance.
There was discussion on the motion. Michael Knapp, Planning and Development Services
Director, also commented.
Motion carried unanimously.
7. RESOLUTION OF INTENT REGARDING LAND USE PLANNING ON THE
LUN4 II INDIAN RESERVATION (AB96 -248A)
Starkenburg reported for Planning and Development Committee and stated this item will
be held in committee for review of certain issues.
Starkenburg moved to appoint the three members of the Planning and Development
Committee to serve on the open space committee in the city of Lynden (AB96 -272).
Motion carried unanimously.
Starkenburg also reported on the water verification and planning issues on which Knapp
has addressed his committee.
Nelson requested that questions from Council Members regarding any of these issues
should be addressed to Planning and Development Committee Chair Starkenburg.
Regular Council Minutes, 7/9/96, Page 6
Starkenburg also reported on the draft Comprehensive Plan, stating that the Planning
Commission has completed its review, and his committee will be receiving that report soon.
He requested Council Members' comments regarding the Comp Plan deadline.
8. DISCUSSION AND POSSIBLE ACTION ON CITY /COUNTY
NEGOTIATIONS (AB96 -259)
See "Announcements ".
9. MASTER COLLECTIVE BARGAINING AGREEMENT BETWEEN
WHATCOM COUNTY AND TEAMSTERS LOCAL #231 (AB96 -181B)
Imhof moved approval of the agreement.
Sutter announced she is abstaining from voting, as she cannot support an agreement that
requires employees of the County to join the General Teamsters Union nor one that requires an
employee exempt on religious grounds to contribute union dues and initiation fees to a charity
named by the union and the County.
Motion carried 6 -0 with Sutter abstaining.
INTRODUCTION ITEMS
1. ORDINANCE REVISING WATER SUPPLY REQUIREMENTS FOR
CERTAIN CLASS C AND D SUBDIVISIONS (AB96 -257) (HEARING TO BE
SCHEDULED)
Starkenburg reported that the ordinance needs to go before the Planning Commission due
to various concerns of Sutter.
Sutter moved to remove item 1 from the introduction items.
Motion carried unanimously.
Imhof. moved approval of items 2 through 5.
Motion carried unanimously.
2. RESOLUTION IN THE MATTER OF SALE OF SURPLUS PROPERTY
(AB96 -264A) (HEARING TO BE SCHEDULED)
Regular Council Minutes, 7/9/96, Page 7
3. RESOLUTION IN THE MATTER OF VACATING A PORTION OF
LAWMAN ROAD IN SECTION 35, TOWNSHIP 39 NORTH, RANGE 1
EAST. W.M. (AB96 -265) (HEARING TO BE SCHEDULED)
4. ORDINANCE ESTABLISHING A CONTINUOUS AND ON -GOING
CONTRACT FOR COMBINED TREATMENT SERVICES TO PROVIDE
SERVICES FOR THE MENTALLY ILL AND SUBSTANCE
ABUSE/PREVENTION CONSUMERS IN THE COMMUNITY (AB96 -266)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
- Starkenburg reminded members of the tour of Planning and Development Services on
July 16 at 10 a.m.
The County's Road Vacation Policy (AB96 -256): Brenner reported that Randy Watts
will clarify this policy (from Public Works and Capital Projects Committee 7/9/96).
The Development and Operation of Two Parks by a Private Firm (AB96 -258):
Brenner moved that the feasibility study regarding the development of the South Lake Whatcom
property be moved forward.
Motion carried unanimously.
She also stated her committee recommended the Sheriff's Office, the Parks Department
and Administration draft their plans for the Bay Horizon property; the Public Works and Capital
Projects Committee will then give direction regarding this issue.
Agreement with Aloha Lumber Corporation for Timber Cutting Rights on
Chuckanut Mountain (AB96- 224A): Brenner reported on this agreement and moved approval
to request that Executive Kremen sell back the timber rights to the County.
Motion carried unanimously.
Imhof noted the upcoming CRAB Board meeting and requested any Council Member
concerns go to him.
Bob Woods, Council Budget and Program Analyst, requested that information be directed
through the Executive's Office before agendizing items. Nelson requested Administration draft a
letter to all departments regarding this request.
Regular Council Minutes, 7/9/96, Page 8
ADJOURN
The meeting was adjourned at 9:30 p.m.
6� �Ij
Nad an Hanson, Re ording Secretary
These minutes were approved by the Council on August 6 , 1996.
ATTEST:
na Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 7/9/96, Page 9