HomeMy WebLinkAboutCouncil February 6 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
February 6, 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 stated the following was discussed in executive session:
1. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'S
DECISION ON SHORELINE VARIANCE (SHV95 -0004) FILED BY
WALLY BUDD (AB95 -453)
Brenner moved to overturn the Hearing Examiner's decision with the condition
that the property be consolidated.
Motion carried unanimously.
2. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'S
DECISION ON RECOMP OF WASHINGTON HDA (95 -0002) (AB95 -409)
Dawson moved to uphold the Hearing Examiner's decision on the health permit.
Motion carried unanimously.
3. CONSIDERATION OF APPEAL OF HEARING EXAMINER
DECISION ON VAR95 -0012 FILLED BY MILLIKEN (AB95 -451)
Dawson moved to overturn the Hearing Examiner's decision.
Motion carried unanimously.
Regular Minutes, 2/6/96, Page 1
4. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'S
DECISION OR ORDINANCE VARIANCE (APL95 -0016) FILED BY
MARK DOUGLAS, C/O MICHAEL MCNEFF (AB95 -492)
Brenner moved to overturn the Hearing Examiner's decision to dismiss and
remand to the Hearing Examiner for consideration of the full record, arguments and
information.
Motion carried unanimously.
5. COUNCIL TO MEET IN EXECUTIVE SESSION TO DISCUSS A
PERSONNEL MATTER (PROPOSED PROFESSIONAL SERVICES
CONTRACT) (AB96 -050)
Nelson moved to enter into a five -month contract with Michael Bobbink for
Hearing Examiner services with these two changes:
1. Compensation for the subcontractors is to be determined between
Mr. Bobbink and the subcontractors; and
2. The contract shall contain an indemnification clause.
Nelson noted that Council has received the County Executive's recommendation
that the bid requirement has been waived. Nelson recommended that the Council find
that this is in the best interest of Whatcom County to waive the bid requirement.
Imhof moved to amend the first change to the compensation package to state that
it is a maximum of $4,750 per month total compensation.
Motion carried unanimously.
6. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR RANDY
WATTS REGARDING POSSIBLE SETTLEMENT ON LITIGATION (AB95-
336)
Council gave direction to its attorney for court litigation.
SPECIAL PRESENTATIONS
1. RECOGNITION OF OUTSTANDING SERVICE PROVIDED TO THE
WHATCOM COUNTY PARKS DEPARTMENT BY A WHATCOM
COUNTY VOLUNTEER (AB96 -040)
Regular Minutes, 2/6/96, Page 2
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
!4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Jerry Warren, former Park Manager, Semiahmoo Park, presented an award to
Edith Loe for her service to the Park Department.
OPEN SESSION
No one addressed the Council.
CONSENT AGENDA
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A CONTRACT AGREEMENT WITH FOURTH CORNER
ECONOMIC DEVELOPMENT GROUP FOR SERVICES FOR THE
1996 CALENDAR YEAR IN THE AMOUNT OF $12,000 (AB96 -053)
Imhof reported for Finance and Administrative Services Committee and moved
approval of the contract.
Motion carried unanimously.
2. 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)
Imhof reported for Finance and Administrative Services Committee and moved
the following amendment on packet page 20, Exhibit A, item number C: insert the
wording after County Executive: "C. The Board of Directors of the Land Trust—County
x i
E ecut ve :::::::': l on a monthly d `:.:.,:::::::::.:::.`I:` ` basis and shall... .
There was discussion on the motion.
Motion to amend carried unanimously.
Motion for approval of amended contract failed 3 -4 with Sutter, Dawson, Nelson
and Brown opposed.
Brenner moved to refer this to committee to clarify whatever services need to be
provided.
There was discussion on the motion.
Dawson moved to direct the Executive to go out for bid.
Regular Minutes, 2/6/96, Page 3
1 Brenner refused the motion as a friendly amendment.
2
3 Motion to amend carried 5 -2 with Imhof and Dawson opposed.
4
5 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER
6 INTO A CONTRACT AGREEMENT WITH W.D. PURNELL &
7 ASSOCIATES FOR GROUNDWATER AND LANDFILL GAS MONITORING
8 SERVICES AT THE CEDARVILLE LANDFILL (AB96 -057)
9.
10 Imhof reported for Finance and Administrative Services Committee and moved
11 approval of the contract with a memo to be written by Finance Chair to Public Works to
12 recommend a closure date in the 1997 contract instead of a closure date for the present
13 contract.
14
15 Motion carried unanimously.
16
17 PUBLIC HEARINGS
18
19 1. DISCUSSION OF PROPOSED LANGUAGE AND CONTENT OF A
20 "GENERIC' TYPE DISPOSAL SITE AGREEMENT (AB96 -041)
21
22 Jeff Monsen, Director, Public Works, gave a staff report. After the public input
23 from tonight's public hearing, he will have Public Works' recommendations presented at
24 the February 13 meeting with an expected action on those recommendations at the
25 February 20 meeting. He expects that an amendment recommending construction
26 demolition waste will return to the Council by the end of March.
27
28 Jim Austin, representing RECOMP, gave a brief overview of the proposed
29 contract.
30
31 Craig Gannett, representing RDS, also presented a brief overview of the proposed
32 contract.
33
34 Nelson opened the public hearing, and the following people spoke:
35
36 Riggs Nelson, 1465 Slater Road, Ferndale
37 Bill Ness, 1431 Par Four, Burlington
38 Jim Kaemingk, 323 Front Street, Lynden
39 Matt Lagerwey, 103 Blair Drive, Everson
40 Yvonne Goldsmith, 5840 Church Road, Ferndale
41 Gena Tull, Everson
42 Sherm Starkenburg, Ferndale
43 Larry McCarter, RDS, Bellingham
44 Mary Vanderpol, 1851 Kok Road, Lynden
Regular Minutes, 2/6/96, Page 4
1 Bill Geyer, 1008 -16th, Bellingham
2 Bob Hallmark, 544 East Smith, Bellingham
3 Egbert Maas, 401 B.C. Avenue, Lynden
4 R.A. Severson, 3435 Robertson Road, Bellingham
5 Joe Burton, 1400 Rome Road, Bellingham
6 Joann Ernst, 1815 Wilson Avenue, Bellingham
7 Vin Kelly, 4300 Kansas, Bellingham
8 Mark Polhamus, 1512 Willowbrook Place, Bellingham
9 Don Hansey, 907 -41st Street, Bellingham
10 William Bolton, 3858 Cedar Place, Ferndale
11 Dan Warner, 3854 Squalicum Lake Road, Bellingham
12 Dusty Anderson, 2929 Goshen Road
13 Steve Koch, representing the workers at RECOMP, 446 West Aider Drive, Sedro
14 Woolley
15 Burch Kelly, 4123 Parks Drive, Ferndale
16 Ken Bell, 1524 Slater Road
17
18 Hearing no one else, Nelson closed the public hearing.
19
20 (Clerk's Note. A five- minute break was taken.)
21
22 Nelson requested information from Jeff Monsen, who indicated that information
23 will be presented at the February 13 meeting. On Thursday, February 8, Public Works
2 will be bringing information to the Council for the February 13 meeting.
25
26 Starkenburg had questions on the history of this process regarding the
27 Comprehensive Plan and Flow Control. Don Hansey, a former Council member,
28 responded.
29
30 Brown requested the number of people employed by RDS for employment
31 purposes. Larry McCarter reported that if they were handling as much waste as
32 RECOMP, it would probably be 20 employees for the onsite personnel.
33
34 Nelson requested clarification on some of the clauses of the contracts. Jeff
35 Monsen responded that this question will be responded to next week. Dan Gibson,
36 Council's counsel, also provided information on the clauses. Discussion followed.
37
38 Starkenburg requested to revisit Council's process and inquired if the Council is
39 going to pick a contract and continue or have a staff recommendation. Jeff Monsen
40 clarified the process. The purpose of the process is to find if there are alternatives and,
41 if so, asked if they would accomplish the same thing.
42
43 Starkenburg stated he is ready to give staff direction to move forward on the
44 generic contract of RECOMP.
Regular Minutes, 2/6/96, Page 5
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
14
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Brenner questioned the meaning of the section regarding compensation of the
operator. Monsen stated he could explain this better next week. She also questioned
the essential equipment and the satisfaction of the standards sentence on page 103.
Monsen explained.
Brown requested information and clarification on the five -year plan to review the
plan. Monsen responded.
Brenner had questions on several areas; Gibson explained.
Brenner asked why the clause "the operator is not in violation of any federal
laws ", and why the County is not indicated. Gibson explained this as a warranty.
Starkenburg moved to give staff direction to move forward with their continued
work for a generic contract with the version established by RECOMP.
Motion carried 6 -1 with Brenner opposed.
OTHER ITEMS
1. REPORT FROM COMMITTEE AND DISCUSSION REGARDING
THE SHELLFISH DISTRICT ADVISORY COMMITTEE AND
DRAYTON HARBOR ISSUES (AB95 -491)
Dawson reported for Natural Resources Committee and moved to send a letter to
the Executive addressing the following:
1. Request the Executive to direct the Health Department to enforce the existing
sanitary code. To make enforcement more effective, it may be appropriate to
review the definition of "Septic System Failure."
2. Request the Executive to review the operational priorities of the Environmental
Health Division in order to focus on completing necessary follow -up work on
failing system. Also, review the County Code for recommendations of change that
may be useful without affecting land use regulation.
3. Request the Executive to provide a review that addresses the pros and cons of
creating a stormwater management plan for special areas.
4. Request the Executive to assign appropriate staff to assist in the operation of the
Drayton Harbor Shellfish Protection District and as well explore options that may
be available for assistance in monitoring, etc.
Regular Minutes, 2/6/96, Page 6
Starkenburg moved to amend as follows: Item number 4 to read as follows:
"request the Executive to explore options that may be available for assistance in
monitoring ".
Nelson moved to add language at the end: "and report the option to the
Committee for action ".
114. Request the Executive to
and as well explore options that may
be available for assistance in monitoring, etc.,
won-,,
Motion to amend by adding Nelson's language carried unanimously.
Starkenburg moved to amend language of number 4, striking "assign .... as well"
as above.
Motion carried 6 -1 with Dawson opposed.
Dawson moved to approve all four motions.
Motion to approve the amended motion carried unanimously.
2. ORDINANCE AMENDING THE WHATCOM COUNTY HEALTH
CODE, CHAPTER 24.06, SEWAGE SLUDGE REGULATIONS (AB96-
044)
Starkenburg reported for Planning and Development Services Committee and
moved approval of the ordinance except to change the WCC 24.06.031 to 24.06.030A3.
Regina Delahunt, Health Department, clarified the WCC to 24.06.030A3.
Motion carried unanimously.
3. CONSIDERATION OF APPEAL OF HEARING EXAMINER
DECISION ON VAR95 -0012, FILLED BY MILLIKEN (AB95 -451)
See "Announcements ".
4. CONSIDERATION OF THE APPEAL OF THE HEARING
EXAMINER'S DECISION OR ORDINANCE VARIANCE (APL95-
0016), FILED BY MARK DOUGLAS, C/O MICHAEL MCNEFF (AB95-
492)
Regular Minutes, 2/6/96, Page 7
See "Announcements ".
5. CONSIDERATION OF THE APPEAL OF THE HEARING
EXAMINER'S DECISION ON SHORELINE VARIANCE (SHV95- 0004),
FILED BY WALLY BUDD (AB95 -453)
See "Announcements ".
6. CONSIDERATION OF THE APPEAL OF THE HEARING
EXAMINER'S DECISION ON RECOMP OF WASHINGTON HDA (95-
0002) (AB95 -409)
See "Announcements ".
7. REPORT AND POSSIBLE ACTION ON THE EXECUTIVE SESSION
DISCUSSION REGARDING A PROPOSED PROFESSIONAL
SERVICES CONTRACT (AB96 -050)
See "Announcements ".
8. APPOINTMENTS TO CITIZENS REVIEW COMMITTEE TO REVIEW
POTENTIAL SALES OF COUNTY -OWNED PROPERTY (AB95 -318)
This item was postponed to a later date.
9. ORDINANCE ADOPTING THE WHATCOM COUNTY ACCIDENT
PREVENTION PROGRAM AS THE OFFICIAL WHATCOM COUNTY
ACCIDENT PREVENTION PROGRAM (AB96 -033)
Imhof moved approval of the ordinance.
Motion carried unanimously.
10. RESOLUTION SETTING DEADLINES FOR RECEIPT OF
WHATCOM COUNTY COUNCIL AGENDA INFORMATION AND
DOCUMENTATION (AB96 -049)
Brenner moved approval of the resolution.
Motion carried unanimously.
11. REQUEST COUNCIL CONFIRMATION FOR APPOINTMENTS OF
SIX MEMBERS OF THE SUBSTANCE ABUSE ADVISORY BOARD:
REAPPOINT COLEEN ANDERSON & JANET SMITH AND APPOINT
Regular Minutes, 2/6/96, Page 8
1 NEW BOARD MEMBERS: REBECCA STRATTON COLVER,
2 SVERRE O. TINGLUM, DAVID MOODY AND MICHAEL LIPSCOMB
3 (AB96 -055)
4
5 Imhof moved by acclamation.
6
7 Motion carried unanimously.
8
9 12. REQUEST COUNCIL CONFIRMATION FOR THE APPOINTMENT
10 OF JEAN DANIELSON TO THE WHATCOM COUNTY MENTAL
11 HEALTH ADVISORY BOARD (AB96 -056)
12
13 Imhof moved approval.
14
15 Motion carried unanimously.
16
17 13. RESOLUTION AMENDING RESOLUTION #95 -069, DISSOLVING
18 TELEVISION RECEPTION IMPROVEMENT DISTRICT #1 (AB95-
19 392B)
20
21 Imhof moved approval.
22
23 Motion carried unanimously.
!4
25 INTRODUCTION ITEMS
26
27 1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION
28 OF FILE NO. CUP 95 -0041, FILED BY PAUL AND LEANNE AKERS
29 (AB95 -493)
30
31 2. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION
32 OF HEARING EXAMINER FILE NO. APL95 -0015, FILED BY VINCE
33 GERMANN (AB95 -506)
34
35 Imhof moved approval of the introduction items.
36
37 Motion carried unanimously.
38
39 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
40
41 Starkenburg announced there will be a work session at 10 a.m, on the Comp Plan
42 on February 13, 1996. Discussion will also take place on the CAO on February 13.
43
44 Nelson reported that there will be a special presentation at 7 p.m. on February 13.
Regular Minutes, 2/6/96, Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
ADJOURN
The meeting was adjourned at 10:15 p.m.
Na can Hanson, Recording Secretary
These minutes were approved by the _ Council on A=, i 1 2 , 1996.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
�LtAfi&�-�
ar elso o cil Chair
Regular Minutes, 2/6/96, Page 10