HomeMy WebLinkAboutCouncil February 20 19961
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
February 20, 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:
Barbara Brenner None
Marlene Dawson
Tom Brown
Alvin Starkenburg
Kathy Sutter
Bob Imhof
1. EXECUTIVE SESSION TO DISCUSS STATUS OF CONTRACT
NEGOTIATIONS WITH WHATCOM COUNTY AND TEAMSTERS
LOCAL #231 (AB96 -063)
Nelson announced Council provided direction to Counsel.
2. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR RANDY
WATTS REGARDING PENDING LITIGATION (TWO CASES) (AB96-
077)
Nelson announced Council provided direction to Counsel.
Steve Wells, Assistant Director, Department of Community Trade and Economic
Development: Growth Management Act (AB96 -019)
Matt Lagerway, 103 Blair Drive, Everson: RECOMP (AB96 -041)
Dick Gilda, Jensen Road, Bellingham: Critical Areas Ordinance (AB96 -061)
Council Minutes, 2/20/96, Page 1
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Becky Peterson, 220 W. Champion, Suite 290: Nooksack Water Steering
Committee (AB96 -052)
Dusty Andersen, 2929 Goshen Road: Flow Control Ordinance (AB95 -132)
Joe Burton, 1400 Roma Road, Bellingham; RECOMP (AB96 -041)
Paul Schissler, 714 Wilson Avenue: Whatcom Self -Help Homes (AB95 -426)
Jim Austin, 1202 -3rd Avenue, Seattle: RECOMP (AB96 -041)
Ken Bell, RECOMP: RECOMP (AB96 -041)
Bob Wiesen, 3314 Douglas Road, Ferndale: Urged Council to stick to its principals
and do the right thing
CONSENT AGENDA
Imhof moved approval of consent agenda items 1 -7.
Motion carried unanimously.
1. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
CONTRACT WITH ABBOTT LABORATORIES FOR DRUG TESTING
AGENTS THROUGH THE STATE CONTRACT (AB96 -064)
2. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
CONTRACT WITH SEAMAR COUNSELING AND SOCIAL SERVICES
FOR ADULT CASE MANAGEMENT SERVICES AND
INTERVENTION, PREVENTION AND EARLY DETECTION FOR
YOUTH FOR 1996 (AB96 -065)
3. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
CONTRACT WITH THE CITY OF BELLINGHAM TO PROVIDE
ALCOHOL PROTECTIVE CUSTODY AND CRISIS INTERVENTION
SERVICES TO ANYONE INVOLVED IN A LIFE OR HEALTH
THREATENING EMERGENCY INVOLVING ALCOHOL OR OTHER
DRUG (AB96 -066)
4. REQUEST AUTHORIZATION FOR EXECUTIVE TO PURCHASE AN
UPGRADE TO THE EXISTING AS /400 SYSTEMS OPERATING
SYSTEM TO VERSION 3.1 (AB96 -067)
5. REQUEST AUTHORIZATION FOR EXECUTIVE TO APPLY FOR A
GRANT FOR THE GOVERNOR'S JUVENILE JUSTICE ADVISORY
COMMITTEE FOR YOUTH MEDIATION SERVICES (AB96 -068)
Council Minutes, 2/20/96, Page 2
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6. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
CONTRACT WITH LAKE WHATCOM RESIDENTIAL AND
TREATMENT CENTER FOR RENT SUBSIDY, STAFF SUPPORT
SERVICES AND TREATMENT FOR THE CHRONICALLY AND ACUTELY
MENTALLY ILL CITIZENS OF WHATCOM COUNTY (AB96 -069)
7. REQUEST AUTHORIZATION FOR EXECUTIVE TO ENTER INTO A
CONTRACT WITH WOMENCARE SHELTER (AB96 -070)
8. REQUEST TO RENEW THE COUNTY'S PROPERTY INSURANCE
(AB96 -073)
Imhof moved to increase earthquake insurance to $20 million from the current $10
million coverage. This would increase the yearly payment by $1,600.
Motion carried unanimously.
PUBLIC HEARINGS
1. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO THE
BIRCH BAY WATER AND SEWER DISTRICT FOR A PERIOD OF 25
YEARS (AB96 -032)
Mary Scrimsher, Executive's Office, gave a staff report. She stated that this is
boilerplate language.
Nelson opened the public hearing and the following person spoke:
Pat Sizemore, General Manager, Birch Bay Water and Sewer District (additional
language)
Hearing.no one else, Nelson closed the public hearing.
Nelson moved approval of the ordinance.
Council members questioned staff regarding the proposed new language. Randy
Watts, Council's counsel, stated that he spoke with Mr. Carmichael, attorney. He briefly
reviewed the history of the vacation of the road vacations in Geneva. Watts stated his
understanding is that the language refers to lines actually installed.
Council Minutes, 2/20/96, Page 3
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Imhof moved approval of the addition of the new lanauaize on Section 14:
Motion to amend carried unanimously.
Motion to approve the amended ordinance carried unanimously.
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A CONTRACT AGREEMENT WITH WHATCOM COUNTY
LAND TRUST TO IMPLEMENT WHATCOM COUNTY'S NATURAL
HERITAGE PLAN FOR THE PERIOD OF JANUARY 1, 1996
THROUGH DECEMBER 31, 1996, IN THE AMOUNT OF $25,000
(AB96 -054) (FROM 216)
Imhof reported for Finance and Administrative Services Committee and moved to
approve this item. He moved to amend the contract to fund through the end of April 1996
and amend the dollar amount accordingly, not to exceed $8,333.33. This will lower the
contract amount. The Executive, in the meantime, shall go out for a Request for Bid for
professional services contract for the remainder of this year with a provision for annual
extension.
Motion to amend carried unanimously.
Motion for approval carried unanimously.
2. DISCUSSION AND POSSIBLE ACTION ON PROPOSED LANGUAGE
AND CONTENT OF A "GENERIC" TYPE DISPOSAL SITE
AGREEMENT (AB96 -041) (FROM 2/13)
Jeff Monsen, Public Works, gave a brief staff report. He referred the Council
members to pages 123 - 125 of the Council packet as his recommendations.
Brown moved to work from the RECOMP version, used by the Council as a basis
for the February 6, 1996 public hearing.
There was discussion on the motion. The changes in the latest staff version of the
agreement pertain mostly to County liability. Dan Gibson, Prosecutor's Office, stated that
he feels comfortable with the staff version regarding County liability issues.
Council Minutes, 2/20/96, Page 4
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Nelson moved to postpone Brown's motion while Council goes into executive
session to review legal issues.
Motion carried unanimously (7:50 p.m.).
Council returned from executive session (8:20 p.m.).
Brown withdrew his motion to use the RECOMP version of the agreement.
Monsen discussed his recommendations. He noted that certain policy matters need
to be addressed, including the concept of a 15 year agreement. He stated that if the
Council confirms, the concept of competition is a continuous opportunity.
Imhof moved approval of the recommendation of a continuous opportunity for
operation over the period of a 15 year contract.
Motion carried unanimously.
Monsen addressed a second policy item needing some attention: extending the
contract extension period from three to five years.
Imhof moved to extend the period from three to five years.
There was discussion on the motion.
Motion failed 3 -4 with Nelson, Starkenburg and Imhof in favor.
Brown moved to have the contract expiration date of May 31, 2000.
Motion carried 6 -1 with Imhof opposed.
Monsen addressed amendment #2. There was discussion.
Brown moved to add language: "This contract needs to be modified to allow
l initiative and referendum changes by the citizens without penalty."
Motion carried unanimously.
Monsen addressed Brown's amendment #3. There was discussion.
Council Minutes, 2/20/96, Page 5
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Brown moved that arbitration is okay except in the case of non - payment of pass
through taxes (surcharges). This penalty needs to be quick and immediate, (sic) the
Contractor should lose the right to dispose of County solid waste. This should be imposed,
if fee's (sic) are not paid within 30 days of allotted time.
After discussion with legal staff, Brown withdrew his motion.
Monsen noted that amendment #4 is not an element that has been included in any
of the discussions. It has been left to the discretion of the operators. There was discussion.
Brown moved to have staff work out details with various sites regarding donation by
contractors of a solid waste disposal pool.
Motion carried unanimously.
Monsen continued with amendment #5.
Brown moved that a contractor who does not have the ability to perform the
recycling mandates at their site may subcontract with another approved site.
Motion carried 5 -2 with Imhof and Starkenburg opposed.
Monsen continued with amendment #6. There was discussion.
Brenner moved that any new materials that are not currently being recycled be
considered as "new" recyclable materials and that the "new" materials are not to be added
to the "old" list.
Motion carried 5 -2 with Imhof and Starkenburg opposed.
Brown addressed #7. He stated that the information in #7 is already contained
within the contract. He wanted to reaffirm that the contract hold the County harmless for
all actions of the contractors, including all violations of pollution or contamination by the
contractor.
Monsen continued with amendment #8. There was discussion.
Imhof moved to refer amendment #8 to the Solid Waste Advisory Committee for
further discussion and recommendation.
Motion carried unanimously.
Council Minutes, 2/20/96, Page 6
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Amendment #9 was withdrawn.
Monsen discussed his recommendation for Section 16.3 (Indemnification /Liability
to Other Disposal Sites), page 125 of the Council packet. There was discussion.
Imhof moved approval of language in 16.3 as follows (page 125 of the Council
packet): "Disposal site may be held liable for damages to another disposal site if the
facility is operation in violation of the FCO requirements; assuming that the violation
causes harm."
Motion carried unanimously.
Nelson addressed Section 9.1.3 (Operation Grace Period), page 139 of the Council
packet. There was discussion.
Starkenburg moved to work from the RECOMP version (used as a basis for the
February 6, 1996 public hearing) and have staff make the amendments passed tonight to
that version. Staff is to come back to Council with any legal questions.
(Clerks Note: A 10- minute break was taken.)
Dan Gibson suggested that the Council set a course for negotiation as there is not
time tonight to answer all questions and address issues of concern.
Starkenburg reiterated the motion he made before the break.
Brown asked that a specific time frame be scheduled. Council agreed to schedule
this item for the next regular Council meeting, March 5, 1996.
Motion carried unanimously.
Dan Gibson clarified the wishes of the Council by summarizing as follows: "A
number of issues have been addressed tonight through Mr. Monsen's presentation. Those
concepts will be taken back by staff, and they will be worked out in the context of the
format of the agreement which had been negotiated up to this stage with RECOMP. That
will be the platform for negotiation. However, within that context, there are legal issues
which the attorney for the Administration has been addressing and before you take final
action on the, we will have language which seeks to address those legal concerns."
Council concurred.
Council Minutes, 2/20/96, Page 7
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3. RESOLUTION AFFIRMING THE COUNTY COUNCIL'S PASSAGE OF
ORDINANCE 95 -020, THE CRITICAL AREAS ORDINANCE (AB96-
061)
Sutter moved approval of the resolution and moved amendments on page 3:
Sutter moved to include the lanQuaae at the end of Line 12. ".
She also moved to strike lines 5 -9:
..�.�•�•..s.�
- . ..
OR t" 011 KWIRWIVAS-AL.1%
Board's Order No. 95 2 0071
and
a eopy :.
Motion carried 6 -1 with Imhof opposed.
Dan Gibson, Prosecutor's Office, spoke on his concerns regarding the effects of this
proposed resolution.
Nelson moved to delete Findings #3 and #4.
Starkenburg moved to hold this resolution to the next meeting on March 5, 1996.
Motion to postpone carried 4 -3 with Sutter, Brown and Brenner opposed.
INTRODUCTION ITEMS
1. RESOLUTION REGARDING VACATION OF PORTIONS OF
STANGROOM, DEMOCRAT AND BASS STREETS AND UN -NAMED
ALLEYS IN FENTON'S ADDITION TO NEW WHATCOM (AB96 -071)
(HEARING TO BE SCHEDULED FOR 412196)
2. ORDINANCE REQUESTING BROADENING THE SCOPE OF THE
ADA COMPLIANCE COMMITTEE (AB96 -072) (HEARING TO BE
SCHED ULED FOR 315196)
3. ORDINANCE AMENDING LAND CLEARING REGULATIONS IN
TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE (AB96 -074)
Council Minutes, 2/20/96, Page 8
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4. ORDINANCE ESTABLISHING STANDARDS FOR THE VESTING OF
PROJECT PERMITS AND PROJECT PERMIT APPLICATION (AB96-
076)
Imhof moved approval of the introduction items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Nelson reminded Council members that letters of support for the CTED Proposal
(Senate Bill) are due by Friday.
TIC Franchise (AB95- 307B): Sutter announced a meeting with Brenner and City
Council representatives on Wednesday at 11 a.m. She requested Council input.
Mitigation Banking Program (AB96 -075): Dawson noted today's Natural Resources
Committee discussed a proposal by Bob Andersen.
Resolution regarding a fixed -based operation at the Bellingham International
Airport (AB96 -078): Brenner moved to consider this resolution.
Motion carried unanimously.
Brenner moved approval of the resolution to request the Port to reopen the process
to solicit proposals for a fixed -based operation at the Bellingham International Airport as
presented.
Motion carried 6 -1 with Imhof opposed.
Growth Management Act (AB96 -019): Bob Woods, Council Budget and Finance
Analyst, discussed the Interlocal Agreement negotiations. He stated he is in the process of
putting together information to present to the various cities by this Friday. He will
distribute a copy of this to all Council members.
Council Minutes, 2/20/96, Page 9
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3 The meeting was adjourned at 10:10 p.m.
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8 Jill K. Nixon, Recording Secretary
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10 These minutes were approved by the Council on April 2 , 1996.
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12 ATTEST:
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18 wn- Davis, Counc er
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
i A /-, - fi S.
.Ward Nels n, Co ncil Chair
Council Minutes, 2/20/96, Page 10