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Home My WebLink AboutCouncil April 16 1996WHATCOM COUNTY COUNCIL Regular Council Meeting April 16, 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 reported from executive session the following: Nelson reported the status of contract negotiations with Whatcom County and Teamsters Local #231 (AB96 -063) was discussed in executive session. He noted Council gave direction to staff. Also discussed in executive session were issues on Growth Management Act litigation (AB96 -077). Nelson stated Council gave direction to staff. SPECIAL PRESENTATION 1. EXECUTIVE PROCLAMATION DECLARING THE WEEK OF APRIL 21 -27 NATIONAL VOLUNTEER WEEK IN BELLINGHAM & WHATCOM COUNTY (AB96 -155) Pete Kremen, County Executive, read the proclamation and introduced Bill Quehrn, KGMI, and Kristi Warren, Volunteer Program Coordinator of the Whatcom Volunteer Center. Regular Council Minutes, 4/16/96, Page 1 The following Community Volunteers were recognized: Ardellia Burrows, Jacob Wagter, The Dozents of Hovander House, and Colleen Whealdon- Haught from Mt. Baker High School. 2. EXECUTIVE PROCLAMATION DECLARING THE WEEK OF APRIL 14 -20 SEXUAL ASSAULT AWARENESS WEEK (AB96 -156) Executive Kremen read the proclamation. OPEN SESSION 019) 154) The following people addressed the Council: Skip Richards: The rulings of the Growth Management Hearings Board (GUM) (AB96- Anthony Raab, 2834 North Shore Road: The rulings of the GMHB (AB96 -019) Dick Gilda, Jenson Road, Bellingham: Level playing field regarding the burn ban (AB96- Carl Weimer: Recycling Contracts (AB96 -143; AB96 -144) Bobbi Vollendorff: The education programs on recycling (AB96 -143) CONSENT AGENDA Imhof reported for Finance and Administrative Services Committee and moved items 1 through 9 for approval. Items 2, 3, 4, 5, 6, 7 and 9 were approved unanimously. Remove items 1 and 8 (8 will be handled under "Other Items "), and a clarification on item 6. 1. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO AMENDMENT # 1 TO THE CONTRACT WITH RESOURCES FOR WASTE REDUCTION AND RECYCLING EDUCATION (AB96 -143) Imhof reported that this item did not come forward with approval from committee. Brenner moved approval. Discussion followed. Jeff Miller, Public Works, gave a brief report on the contract. Sutter moved the following amendment, packet page 61, Subtask 4.2: direct staff to place a specified amount not to exceed $32,000. Regular Council Minutes, 4/16/96, Page 2 ............... "The County will pay for printing, postage, and mailing services for this publication Motion carried 6 -1 with Imhof opposed. Motion to approve amended contract carried 4 -3 with Imhof, Brown and Starkenburg opposed. 2. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO AN AGREEMENT WITH RESOURCES FOR COMMERCIAL WASTE EVALUATION AND TECHNICAL ASSISTANCE (AB96 -144) 3. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A CONTRACT WITH THE VISITING NURSE PERSONAL SERVICES AND THE WHATCOM COUNTY JAIL (AB96 -145) 4. REQUEST AUTHORIZATION FOR EXECUTIVE TO APPLY FOR A GRANT WITH THE WASHINGTON TRAFFIC SAFETY COMMISSION FOR TRAINING AND FOCUS ON DRINKING AND DRIVING REDUCTION (AB96 -146) 5. BID AWARD TO CHEVRON USA FOR ASPHALTIC EMULSIONS FOR THE PURPOSE OF CHIP SEALING COUNTY ROADS (AB96 -147) 6. BID AWARD TO SAIL ELECTRIC FOR TRAFFIC SIGNALIZATION OF AIRPORT DRIVE, BENNETT DRIVE AND W. BAKERVIEW ROAD (AB96- 148) Approved with added language: ...................... ...................... ...................... ...................... 7. REQUEST APPROVAL OF THE AMENDED INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE LUMI ff INDIAN BUSINESS COUNCIL FOR THE LUNM SHORE ROAD RECONSTRUCTION PROJECT (AB96 -130B) 8. REQUEST APPROVAL OF THE HEALTH DEPARTMENT INITIATIVE FOR HEALTH ASSESSMENT AND SPENDING PROGRAM (AB96 -150) Imhof reported that this would be handled under "Other Items ". Regular Council Minutes, 4/16/96, Page 3 9. REQUEST APPROVAL FOR EXECUTIVE TO APPLY FOR A GRANT TO THE DIVISION OF ALCOHOL AND SUBSTANCE ABUSE FOR ADOLESCENT CASE MANAGEMENT (AB96 -151) PUBLIC HEARING 1. RESOLUTION TO SELL EXCESS TELEPHONE EQUIPMENT THAT NO LONGER IS COMPATIBLE WITH THE CURRENT TELEPHONE SYSTEM (AB96 -126A) Dave Wareing, Executive's Office, gave a staff report. Nelson opened the public hearing, and no one spoke. Nelson closed the public hearing. Imhof moved approval of the resolution. Motion carried unanimously. 2. ORDINANCE AMENDING CHAPTER 16.16 (CRITICAL AREAS) OF THE WHATCOM COUNTY CODE BY AMENDING ARTICLES II AND III AND ADOPTING ARTICLES IX, X, XI, AND X11 TO COMPLY WITH THE, WASHINGTON STATE GROWTH MANAGEMENT ACT (AB96 -118) (CLERKS NOTE: THE COUNCIL DOES NOT PLAN TO MAKE A FINAL DECISION ON THIS ITEM THIS EVENING. IN ORDER TO ALLOW ADEQUATE TIME FOR COMPLETE RE VIE WOFPUBLIC COMMENT AND THE WRITTEN RECORD, THE COUNCIL WILL MAKE ITS FINAL DECISION ON THIS ITEMA TITSAPRIL 30, 1996 REGULAR COUNCIL MEETING. THE COUNCIL WILL BEACCEPTTNG WRITTEN COMMENT THROUGH 5 P.M., APRIL 23, 1996) Dan Gibson, Prosecuting Attorney's Office, gave a brief synopsis of the process involving the Critical Areas Ordinance. Terry Galvin, Planning & Development Services, gave a staff report. Nelson opened the public hearing, and the following people spoke: Bob VanWeerdhuizen, 7026 Noon Road, Everson Robert Shultz, 1374 Sudden Valley Roy Ingham, 2721 Russell Street Casey Lankhaar, 9914 Bender Road Regular Council Minutes, 4/16/96, Page 4 Jay Taber, Box 5451, Bellingham Skip Richards, PO Box 4150, Bellingham Larry Tornberg, PO Box 97034, Bellevue Dave Grunhurd, 2635 N. Shore Road Dawson moved to extend the hearing past the 30 minute time limit. Bill Purnell, 1392 Chuckanut Drive (Clerk's Note: A fifteen- minute break was taken) Anthony Raab, 2834 North Shore Road Bob Wiesen, 3314 Douglas Road Richard Gilda, Jensen Road Roger Almskaar, 1401 Astor Jayson Reimer, 709 Vine Street, Lynden Ike Reimer, 709 Vine Street, Lynden Bob Andersen, Box 3183, Bellingham Nelda Sigurdson Paul Larsen, 2780 Aldergrove Road Blain Nelson, P.O. Box 2091, Ferndale Paul VanderPol, 909 Grover, Lynden Monica Gowen, P.O. Box 5237, Glaicer Hearing no one else, Nelson closed the public hearing. Nelson stated that the written record will be held open until 5 p.m. April 23, and the Council will be dealing with the CAO on April 30. 3. RESOLUTION REGARDING THE VACATION OF PORTIONS OF STANGROOM, DEMOCRAT AND BASS STREETS AND UNNAMED ALLEYS IN FENTON'S ADDITION TO NEW WHATCOM (AB96 -071) Ed Henken, Public Works, gave a staff report. Nelson opened the public hearing, and the following people spoke: Joan Elsethagen, 821 Chuckanut Shore Road Padric Daugherty, 2212 Victor Street Hearing no one else, Nelson closed the public hearing. Imhof moved approval of the road vacation. Regular Council Minutes, 4/16/96, Page 5 Motion carried unanimously. OTHER ITEMS 1. REPORT TO COUNCIL REGARDING THE HEALTH ASSESSMENT PLAN PER COUNCIL RESOLUTION # 95 -082 (AB96 -129) (FROM 412) Imhof reported for Finance and Administrative Services Committee and stated this was a report only. 2. ORDINANCE AMENDING THE BUDGET, REQUEST #1 (AB96 -119) (FROM 4/2) Imhof reported for Finance and Administrative Services Committee and moved approval of the substitute resolution in the packet. (On packet page 6, the $30,000 request from Superior Court has been deleted, thus making a total of $91,470.) Motion carried unanimously. 3. PRESENTATION, DISCUSSION AND APPROVAL REQUEST FOR EXECUTIVE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH AGRA EARTH & ENVIRONMENTAL AND WHATCOM TRANSPORTATION AUTHORITY FOR ADDITIONAL SITE MEDIATION AT THE OLD G -1 SITE AT BAKERVIEW SPUR (AB96 -149) Imhof reported for Finance and Administrative Services Committee and moved for approval. Motion carried unanimously. 4. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF A PLANNED UNIT DEVELOPMENT FILED BY DENNIS SANDVIG FOR "PADDEN HEIGHTS" (PUD95 -0003 AND PLS95 -0005) (AB96 -139) Starkenburg reported for Planning and Development Committee and moved approval with the scriveners errors corrected. Motion carried unanimously. 5. REQUEST EXTENSION OF THE TERM OF THE CURRENT ADA COMPLIANCE COMMITTEE UNTIL ADVERTISEMENT AND SELECTION OF MEMBERS ARE CONFIRMED BY COUNCIL (AB96 -157) Regular Council Minutes, 4/16/96, Page 6 Dave Wareing, Executive's Office, gave a staff report. Imhof moved approval. Motion carried unanimously. Dave Wareing requested Council hear a report from Dr. James regarding the Health Assessment Plan per Council Resolution #95 -082 (AB96 -129). Dr. Frank James, Health Department, gave a presentation. INTRODUCTION ITEMS 1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION OF HEARING EXAMINER FILE NO SHS 95 -0020 AND SHV 95 -0007 FILED BY MELVIN AND BETTY BALFOUR (AB96 -095) 2. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION OF HEARING EXAMINER FILE NO. SHS95 -0006 FILED BY JOSEPH W. AND NANCY B. KOVALIK AND JAMES RITCHIE, C/O JAMES F. FLYNN, ATTORNEY AT LAW (AB96 -123) 3. ORDINANCE GRANTING A 25 -YEAR FRANCHISE TO CASCADE NATURAL GAS (AB96 -158) 4. SUPPLEMENTAL BUDGET REQUEST #2 (AB96 -152) Imhof moved approval of the introduction items. Motion carried unanimously. Regular Council Minutes, 4/16/96, Page 7 I ADJOURN 2 3 The meeting was adjourned at 10:35 p.m. 4 5 6 8 8 9 Nadean Hanson, kecording Secretary 10 11 These minutes were approved by the Council on June 11 , 1996. 12 13 ATTEST: 14 15 16 IT 18 19 n- avis, ClerkN WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON dIlY.,04 �� E. Ward • • Chair Regular Council Minutes, 4/16/96, Page 8