HomeMy WebLinkAboutCouncil January 2 19961 WHATCOM COUNTY COUNCIL
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3 Regular Council Meeting
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5 January 2, 1996
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7 The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the
8 Council Chambers, 311 Grand Avenue.
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Also Present: Absent:
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Marlene Dawson None
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Barbara Brenner
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Larry Harris
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Alvin Starkenburg
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Ken Henderson
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Ward Nelson
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18 ANNOUNCEMENTS
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20 Appointments to Flood Control Zone District will not be made tonight.
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22 There will be a negotiating session on the Interlocal Agreement for the cities on
23 January 10, 24, and 31 in Lynden at the Senior Citizen Center at 7 p.m.
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25 OPEN SESSION
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27 The following people addressed the Council:
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29 Nels Olds, 129 Crestline Drive: RECOMP/RDS (AB95- 132E/AB95 -483)
30 Bob Wiesen, 3314 Douglas Road, Ferndale: RECOMP (AB95 -132E)
31 Dan Bolster, 246 S. Forest: RECOMP (AB95 -132E)
32 Bill D'Aoust: Fees for rifle and pistol ranges
33 Howard Andreasen, 2696 Willeys Lake Road, Custer: RECOMP (AB95 -132E)
34 Paul Knight, 1073 Sudden Valley: RDS (AB95 -483)
35 Gail Pattenaude, Bellingham: RECOMP (AB95 -132E)
36 Larry McCarter, RDS: RECOMP (AB95 -132E)
37 Sy Eldred, 317 W. Laurel Road: RECOMP (AB95 -132E)
38 Robert Rowland, Attorney from Tacoma representing RDS: RECOMP (AB95-
39 132E)
40 Doug Robertson, 307 Harris: RECOMP (AB95 -132A)
41 Michelle Knight, 1073 Sudden Valley: RECOMP (AB95 -132E)
42 Ivan Graham, 7541 Bruce Road, Custer: RECOMP (AB95 -132E)
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Regular Minutes, 1/2/96, Page 1
1 David Niles, 254 Elizabeth Drive, Pt. Roberts: Broadcast Council meetings for
2 citizens of Point Roberts by television
3 Dale Neitzel, 3781 Centerview: TCI (AB95 -307B)
4 Colleen Berg, 3391 Southgate: TCI (AB95 -307B)
5 Sharon Harrison, 211 Sable Drive, Everson: RECOMP (AB95 -132E)
6 Ken Bell, RECOMP: RECOMP (AB95 -132E)
7 David Sullivan, 3214 Greenwood Avenue: RECOMP (AB95 -132E)
8 Joanne Boyd, 21920 Rhodendron: RECOMP /RDS /RE Sources (AB95-
9 132E/AB95- 483/AB95 -481)
10 Michael Thorpe, 815 -17th Street, Bellingham: RECOMP /RDS (AB95-
11 132A/AB95 -483)
12 Arnie Hanna, 1158 Grant Street: RECOMP (AB95 -132A)
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14 CONSENT AGENDA
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16 1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
17 ENTER INTO A CONTRACT AMENDMENT WITH SENIOR
18 COMMUNITY SERVICES TO PROVIDE STATE PASS - THROUGH
19 FUNDS FOR DEVELOPMENTAL DISABLED SENIORS FOR THE
20 PERIOD OF JULY 1, 1995 TO JUNE 30, 1996, IN THE AMOUNT OF
21 $67,754.83 (AB95 -496)
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23 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
24 ENTER INTO A CONTRACT AMENDMENT WITH WHATCOM
25 CENTER FOR EARLY LEARNING TO PROVIDE STATE PASS -
26 THROUGH FUNDS FOR EARLY CHILDHOOD EDUCATION
27 SERVICES FOR THE PERIOD OF JULY 19 1995 THROUGH JUNE
28 309 1996, IN THE TOTAL AMOUNT OF $151,266.38 (AB95 -497)
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30 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
31 ENTER INTO A CONTRACT AMENDMENT WITH LOCAL FOCUS
32 TO PROVIDE STATE PASS - THROUGH FUNDS TO DELIVER
33 SERVICES TO DEVELOPMENTAL DISABLED PERSONS FOR THE
34 PERIOD OF JULY 1, 1995 THROUGH JUNE 30, 1996, IN THE
35 TOTAL AMOUNT OF $75,754.80 (AB95 -498)
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37 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
38 ENTER INTO A CONTRACT AMENDMENT WITH LA CASA DE
39 ESPERANZA TO PROVIDE STATE PASS - THROUGH FUNDS FOR
40 COMMUNITY ACCESS SERVICES FOR THE PERIOD OF JULY 19
41 1995 THROUGH JUNE 30, 1996, IN THE TOTAL AMOUNT OF
42 $10,101.12 (AB95 -499)
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Regular Minutes, 1/2/96, Page 2
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5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH
ANGELA CUEVAS, SR. FOR ENGLISH - SPANISH TRANSLATION
FOR THE PERIOD OF JULY 1, 1995 THROUGH JUNE 30, 1996, IN
THE TOTAL AMOUNT OF $8,100.00 (AB95 -500)
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONTRACT AMENDMENT WITH NORTHWEST
INDUSTRIES TO PROVIDE STATE PASS - THROUGH FUNDS FOR
SHELTERED EMPLOYMENT SERVICES FOR THE PERIOD OF,
JULY 1, 1995 THROUGH JUNE 30, 1996, IN THE TOTAL AMOUNT
OF $2923,281.40 (AB95 -501)
7. RESOLUTION SETTING THE HEARING AND NOTICE OF
HEARING ON THE SALE OF TAX TITLE PROPERTY, REQUEST
#95 -9 (AB95 -502)
8. RESOLUTION SETTING THE HEARING AND NOTICE OF
HEARING ON THE SALE OF COUNTY OWNED PROPERTY,
REQUEST #95 -10 (AB95 -503)
Starkenburg reported for Finance and Administrative Services Committee and
moved to approve consent items.
Starkenburg asked to remove items 7 and 8.
Motion to approve items 1 through 6 was approved unanimously.
Items 7 and 8 were held in Finance and Administrative Services Committee.
PUBLIC HEARINGS
1. RESOLUTION IN THE MATTER OF SALE OF WHATCOM COUNTY
SURPLUS PROPERTY (WRECKED SHERIFF PATROL SEDAN)
(AB95 -474A)
Imhof opened the public hearing.
Hearing no one, Imhof closed the public hearing.
Henderson moved approval of the resolution.
Motion to approve carried unanimously.
Regular Minutes, 1/2/96, Page 3
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OTHER ITEMS
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONSULTING SERVICES CONTRACT WITH RE
SOURCES TO PROVIDE THE 1996 EDUCATION AND PROMOTION
PROGRAM FOR WASTE REDUCTION AND
RECYCLING /HOUSEHOLD HAZARDOUS WASTE FOR THE
PERIOD OF JANUARY 1, 1996 THROUGH JULY 31, 1997 (AB95 -481)
Starkenburg reported for Finance and Administrative Services Committee and
moved approval.
Motion to approve carried 6 -0 with Imhof out of the room.
2. ORDINANCE CLARIFYING ADMINISTRATIVE PROCEDURES FOR
THE WEED BOARD (AB95 -469)
Starkenburg reported for Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion to adopt carried 6 -0 with Imhof out of the room.
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A DISPOSAL SITE AGREEMENT WITH RECYCLING
AND DISPOSAL SERVICES, INC. (AB95 -483)
Starkenburg reported for Finance and Administrative Services Committee and
announced this item was held in committee.
4. ORDINANCE REGARDING INTERIM ZONING CONTROL TO
ADDRESS PUBLIC MARKETS AS A TEMPORARY USE IN THE
RESORT COMMERCIAL ZONE (AB95 -254A)
Brenner reported for Public Works and Capital Projects Committee and moved to
adopt the ordinance.
Motion to adopt carried unanimously.
Brenner moved to place this item on the agenda in June as an indication of the
County's intent of good faith.
Motion carried unanimously.
Regular Minutes, 1/2/96, Page 4
1 Brenner moved to request that Planning Commission deal with this issue by
2 September 1996.
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4 Motion carried 6 -1 with Harris opposed.
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6 5. DISCUSSION AND POSSIBLE ACTION ON THE PROPOSED
7 DISPOSAL SITE AGREEMENT WITH RECOMP OF WASHINGTON
8 (AB95 -132E)
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10 Imhof announced that this was on the agenda for the Committee of the Whole;
11 however, it was not discussed at that time.
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13 Dan Gibson gave a report of the history and background of the issue. He
14 explained that progress has been made but minor points still need to be resolved.
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16 Jeff Monsen, Public Works Director, gave an explanation of the intent and
17 purpose of the resolution regarding flow control. He also stated the ordinance needs to
18 be amended and adopted.
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20 Starkenburg moved to approve the resolution regarding flow control (AB96 -014)
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22 Starkenburg moved to reinstate terminology of the agreement on page 5, lines 18
23 and 19 to read: "...terms of the agreements themselves, and for other- fflager-s of geneFw-1
24tas .} <`a; and,... .
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26 Motion to amend carried 6 -1 with Brenner opposed.
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28 Henderson moved to reduce the term on page 5, line 12 to terminate
...........
29 Deee�er -3-1, 2000 . and on page 3, line 13 to reduce the percentage
.................
..;.:::.:.:..:..............
30 of recycling for Level II designation to 2W.
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32 Harris requested the motion be split into two parts. The first part would be end
33 date; the second, the percentage.
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35 Motion to amend by changing the termination date carried 4 -3 with Starkenburg,
36 Nelson and Harris opposed.
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38 (Clerk's Note. Much discussion followed on the next motion -- motion to reduce the
39 percentage.)
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41 Brenner moved to schedule a work session.
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43 (Clerk's Note. Brenner's motion was not voted on at this time because there was
44 already a motion on the floor. After that vote, her motion was not voted on.)
Regular Minutes, 1/2/96, Page 5
1 . Motion to amend by reducing the percentage failed 2 -5 with Henderson and
2 Brenner in favor.
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4 Brenner moved to amend to strike all of A on page 2 of the resolution.
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6 "A. The following is intended to supplement definition language contained in
7 WCC 8.15.020, Definitions, in order to provide clarity and performance standards:
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9 Process - "Process" or "Processing" means an operation to convert a solid
10 waste into a useful product or to prepare it for disposal (as stated in WAC
11 173 -304 -100 (62 , Minimum Functional Standards).
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13 Recyclable Materials - Includes, but is not limited to, papers, metals, and
14 glass (70.95.030 RCW) and compostables (WCC 8.15.030 G.1 & 2).
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16 Separated Waste - The term "practical to remove" contained within WCC
17 8.15.030.G.2 is interpreted to mean the recovery of Recyclable Materials in
18 accordance with the standard specified below with respect to Priori ty
19 Levels 3 through 5, - tinsepafated waste equaling a4 least 7%
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21 side.
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23 Unseparated Waste - Unseparated Waste is the Solid Waste delivered to a
24 designated Disposal Site, regardless of the amount of Recyclable Material
25 recovery that has occurred prior to being delivered."
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27 Motion to amend failed 1 -5 with Brenner in favor and Harris out of the room.
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29 Brenner moved to delete the words "or to prepare it for disposal" on page 2,
30 line 5 (see above).
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32 Motion to amend failed 1 -6 with Brenner in favor.
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34 Brenner moved to amend page 3, line 12 by deleting "unseparated" and
35 everywhere else applicable.
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37 "...shall Process the Unseparated CoqW Solid Waste delivered... ".
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39 Motion to amend failed 1 -6 with Brenner in favor.
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41 Brenner moved to amend page 3, line 23 by deleting item #1.
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43 "1. Source Separated Recyclable Materials."
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Regular Minutes, 1/2/96, Page 6
1 Motion to amend failed 1 -6 with Brenner in favor.
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3 Brenner moved to amend page 3, line 24 by deleting item #2.
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5 "2. Recyclable Materials which are removed at the Disposal Site by the Person
6 delivering the Solid Waste."
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8 Motion to amend failed 1 -6 with Brenner in favor.
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10 Brenner moved to amend page 3, line 26 by deleting item #3.
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12 "1 Any Solid Waste delivered to the designated Disposal Site and processed in a
13 manner that would otherwise be exempt from Disposal Site New Geotfel designation
14 requirements under WCC 8.15.070.A."
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16 Motion to amend failed 1 -6 with Brenner in favor.
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18 Brenner moved to amend page 5 to add a line "to be forwarded to the SWAC for
19 review and recommendation to the County Council."
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21 Motion failed 3 -4 with Brenner, Harris and Henderson in favor.
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23 Robert Rowland, attorney representing RDS, cited state law and explained that
24 he feels Council is going about this process backwards. He stated he feels that the
25 proposed resolution is contrary to state law.
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27 Larry McCarter, RDS, suggested a "garbage by the pound" program, much the
28 same as a water meter system.
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30 Ken Bell, RECOMP, pointed out that the interim agreement is what got us where
31 we are, along with a tax on the disposal site.
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33 Jim Austin, attorney for RECOMP, spoke to the proposed resolution, stating that
34 it deals primarily in terms of Level II and Level IIIN criteria with unseparated waste.
35 He stated a substantial amount of remaining waste still comes to RECOMP as material
36 which could be recycled in one form or another. If state goals are to be met, something
37 must be done about those materials remaining in the mixed waste stream that have not
38 yet been recycled.
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40 Henderson moved to table to Thursday for a work session.
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42 Motion failed 2 -5 with Brenner and Henderson in favor .
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44 Main amended motion carried 5 -2 with Brenner and Henderson opposed.
Regular Minutes, 1/2/96, Page 7
6. RESOLUTION RECOGNIZING THE NOTEWORTHY AND
COMMENDABLE EFFORTS OF COUNCIL MEMBERS LARRY
HARRIS AND KEN HENDERSON AND BIDDING THEM A FOND
FAREWELL (AB95 -508)
Imhof moved approval.
Motion to approve carried unanimously.
7. RESOLUTION IN THE MATTER OF. CANCELLING
UNCOLLECTIBLE PERSONAL PROPERTY TAXES (AB95 -495)
Starkenburg moved approval of the resolution.
Motion to approve carried unanimously.
8. ORDINANCE AMENDING WHATCOM COUNTY ORDINANCE 84-
60, DATED JULY 5, 1984, REQUESTING AN EXTENSION OF TCI
INC. CABLEVISION FRANCHISE AGREEMENT FOR A PERIOD
SET BY THE COUNTY COUNCIL OR UNTIL. A REPLACEMENT
ORDINANCE IS SET IN PLACE (AB95 -307B)
Imhof moved to adopt the ordinance.
Imhof moved to amend by pulling out the public access portion of the ordinance
until a later date.
There was discussion on the motion.
Imhof withdrew his motion to amend.
Brenner moved to put this item into committee.
(Clerk's Note. It was determined this item had already been in committee to be
returned to the Council in January.)
stated.
Imhof moved to amend Ordinance 84 -60 to change the dates on the franchise as
"...purpose of extending term of the Ordinance for a period of M@ months to
Motion carried unanimously.
Regular Minutes, 1/2/96, Page 8
(Clerk's Note. It was pointed out to the Chair that the title of the ordinance specifies
four months; however, line 23 does not.)
Imhof moved to reconsider the last vote.
Imhof moved to amend line 23 to read:
"...and extends the term of Ordinance No. 84 -60 for a period of W months..:'.
The clerk re -called the vote.
Motion to adopt carried unanimously.
9. REQUEST FOR CONFIRMATION OF REAPPOINTMENT TO THE
DEVELOPMENTAL DISABILITIES BOARD FOR A THREE -YEAR
TERM TO END ON DECEMBER 31, 1998, OF LIZ SMITH, MARILYN
KARVER, DIANE TROUGH, CHRISTINE ENGELHARDT AND
DAVE COTTINGHAM (AB95 -504)
Dawson moved approval by acclamation.
Motion carried unanimously.
10. REQUEST FOR APPROVAL OF A CLASS E & F LIQUOR LICENSE
APPLIED FOR BY RAVI KUMAR, ASHOK KHANNA, VEER
KUMAR, AND YASH KUMAR FOR IN AND OUT, INC., (ARCO
AM /PM) (AB95 -505)
Brenner moved approval.
Motion carried unanimously.
11. ANNUAL NOMINATIONS AND APPOINTMENTS TO FILL
VACANCIES ON VARIOUS BOARDS AND COMMISSIONS (AB95-
456)
Imhof opened the nominations for the Board of Equalization.
Henderson nominated Chet Speziale.
Nelson nominated Cathy Leahy.
Imhof closed the nominations.
Regular Minutes, 1/2/96, Page 9
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Name
Hender.
Dawson
Nelson
Imhof
Harris
Brenner
Starken.
Speziale
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Leahy
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IX
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Cathy Leahy was appointed to the Board of Equalization.
Imhof opened the nominations for the Noxious Weed Board.
Brenner moved to appoint Douglas R. McDonald by acclamation.
Motion carried unanimously.
Douglas R. McDonald was appointed to the Noxious Weed Board..
Imhof opened the nominations for the Planning Commission.
Brenner moved to appoint Danna Beech by acclamation.
Motion carried unanimously.
Danna Beech was appointed to the Planning Commission.
Appointments to the Flood Control Zone Advisory Committee was held until a
later date.
(Clerk's Note. There were no applications received for the Open Space Advisory
Committee and the Sewage Control Appeals Board)
INTRODUCTION ITEMS
1. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
DECISION OF RECOMP OF WASHINGTON HDA (95 -0002) (AB95 -409)
2. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION
ON SHORELINE VARIANCE (SHV95- 0004), FILED BY WALLY
BUDD (AB95 -453)
3. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE
PROPERTY, REQUEST #95 -9 (AB95 -502A)
4. RESOLUTION AUTHORIZING THE SALE OF COUNTY OWNED
PROPERTY, REQUEST #95 -1 (AB95 -503A)
Regular Minutes, 1/2/96, Page 10
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Brenner moved approval of the introduction items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
None.
ADJOURN
The meeting was adjourned at 10:50 p.m.
M a McAllister, Recording Secretary
These minutes were approved by the Council on January 23 , 1996.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Minutes, 1/2/96, Page 11