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Home My WebLink AboutCouncil May 28 1996WHATCOM COUNTY COUNCIL Regular Council Meeting May 28, 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 announced that the following items were discussed in Committee of the Whole: Council office policy of charging board and commission members for copies of Council documents (AB96 -195); procedural reviews/Council meeting protocol (AB96 -197); and consideration of the appeal of the Hearing Examiner's decision on zoning conditional use permit based on the hearing process and the County's notification to the public (CUP94 -0014) filed by James R. West (AB96 -140). Dawson moved to uphold the Hearing Examiner's decision. Motion carried 4 -2 with Brenner and Brown opposed and Starkenburg abstaining. Nelson also announced that possible litigation regarding RDS was discussed. SPECIAL PRESENTATION REPORT TO THE COUNTY COUNCIL AND COUNTY EXECUTIVE REGARDING THE HUMAN SERVICES TASK FORCE (AB95 -367B) Nelson presented certificates of appreciation to the committee members: Art Anderson, Lynn Blackwell, Glen Hallman, Susan Jewell, Madaleine Lippert, Geof Morgan, Steve Omta, Scott Reed, Tom Richardson, William Smith, Marty Snyder, Ronald Snyder, Mary Jo Tregilgas, Regular Council Minutes, 5/28/96, Page 1 Bruce Walton and Josselyn Winslow. Applause was also given to Bob Woods, Council Budget and Program Analyst, who gave much time and assistance to the committee members. Lynn Blackwell gave a presentation to the Council with recommendations that included withdrawing from North Sound Regional Support Network (NSRSN) and Northwest Regional Council (NWRC) and forming a new combined department. Glen Hallman (handout on file) stated he felt it would be a mistake to withdraw from the Northwest Council on Aging. Bruce Walton supported the concept of a single entry point. Marty Snyder read a letter submitted by Susan Jewell, who could not attend the meeting. Snyder expressed her own support for the single entry point and the new department. OPEN SESSION The following person addressed the Council: Elaine Long -Hubby (sp ?), 2312 Pacific Street: Supplemental budget request for domestic violence expert (AB96 -201A) CONSENT AGENDA Dawson reported for Finance and Administrative Services Committee and moved approval of the consent agenda. Motion carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF GLASS BEADS FOR TRAFFIC LINE PAINT FROM THE LOW BIDDER, POTTER INDUSTRIES, OFF THE WASHINGTON STATE CONTRACT IN THE ESTIMATED AMOUNT OF $40,000.00 (AB96 -202) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF PESTICIDES FROM THE LOW BIDDER, WILBER -ELLIS CORPORATION VIA THE WASHINGTON STATE CONTRACT IN THE ESTIMATED AMOUNT OF $56,000.00 (AB96 -203) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT #1 WITH FABER BROTHERS CONSTRUCTION CORPORATION FOR CONSTRUCTION OF A TRUCK WASH FACILITY (AB96 -204) Regular Council Minutes, 5/28/96, Page 2 4. REQUEST AUTHORIZATION FROM THE FCZD BOARD OF SUPERVISORS FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT, INCORPORATING WORK ORDER #5 WITH KCM FOR THE DEVELOPMENT OF THE LOWER NOOKSACK RIVER CFHMP (AB96 -205) 5. RESOLUTION ESTABLISHING CRP - 994012 AND APPROVAL AND AWARD OF CONTRACT TO THE LOW BIDDER, ONE -WAY CONSTRUCTION CO., IN THE AMOUNT OF $153,771350 (AB96 -209) PUBLIC HEARING 1. ORDINANCE DEFINING PROCEDURES FOR THE SEGREGATION OF INDIVIDUAL PARCELS OF PROPERTY WITHIN LOCAL ROAD IMPROVEMENT DISTRICTS (LRID) TO DETERMINE TAX ASSESSMENT RATES (AB96 -192) Nasser Mansour, Public Works Engineering, commented. There was discussion. Nelson opened the public hearing. Hearing no one, Nelson closed the public hearing. Imhof moved to adopt the ordinance and ask the clerk to have an appropriate chapter assigned to the ordinance in the Whatcom County Code (WCC). 0 Motion to adopt carried unanimously. 2. ORDINANCE REGARDING THE ESTABLISHMENT OF A 25 MPH SPEED LMT WITHIN THE PLAT OF MARINE LAND SUBDIVISION, DIVISIONS 1 AND 2, LOCATED WITHIN SECTION 15, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M. (AB96 -193) Ed Henken, Public Works Engineering, gave a staff report. Nelson opened the public hearing. Hearing no one, Nelson closed the public hearing. Regular Council Minutes, 5/28/96, Page 3 Dawson moved to adopt the ordinance. Motion carried unanimously. OTHER ITEMS 1. EMERGENCY ORDINANCE AMENDING THE BUDGET, REQUEST #4A (AB96 -201A) Dawson reported for Finance and Administrative Services Committee and moved adoption of the ordinance. Dave McEachran, Prosecutor, gave a staff report. Dave Wareing, Executive's Office, presented further information. Dan Gibson, Council's counsel, commented. Motion to adopt carried 6 -1 with Imhof opposed. 2. ORDINANCE CREATING A LOCAL WASTE REDUCTION AND RECYCLING EDUCATION AND PROMOTION GRANT PROGRAM (AB96- 191) Brenner reported for Public Works and Capital Projects Committee and stated that this item is held in committee until June 11 for Council agenda. A committee work session will be held June 4 at 1:30 p.m. 3. REVIEW AND POSSIBLE ACTION ON ADDITIONAL WRITTEN FINDINGS FOR THE CRITICAL AREAS ORDINANCE, WHICH WAS ADOPTED ON APRIL 30, 1996 (AB96 -118B) Starkenburg reported for Planning and Development Committee and stated there are no further Findings. No action was necessary. 4. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S DECISION ON ZONING CONDITIONAL USE PERMIT, BASED ON THE HEARING PROCESS AND THE COUNTY'S NOTIFICATION TO THE PUBLIC (CUP94- 0014), FILED BY JAMES R. WEST (AB96 -140) See "Announcements ". Regular Council Minutes, 5/28/96, Page 4 5. REQUEST COUNCIL CONFIRMATION FOR THE APPOINTMENT OF SEVEN MEMBERS TO THE ADA COMPLIANCE COMMITTEE (AB96 -206) In answer to a question from Brenner, Dave Wareing, Executive's Office, responded. Imhof moved approval. Motion carried unanimously. 6. REQUEST APPROVAL FOR EXECUTIVE TO SIGN AN APPLICATION FOR A CLASS H LIQUOR LICENSE FOR T. 7.'S RESTAURANT LOCATED AT 469 TYEE DRIVE, POINT ROBERTS (AB96 -207) Brenner moved approval. Motion to approve carried unanimously. 7. RESOLUTION SETTING A PUBLIC HEARING TO GRANT COUNTY RIGHT -OF -WAY BACK TO PROPERTY OWNER (AB96 -210) Brenner moved approval. Motion carried unanimously. 8. RESOLUTION SETTING A PUBLIC HEARING ON THE SALE OF TAX TITLE PROPERTY, REQUEST #96 -3 (AB96 -211) Imhof moved approval. Motion carried unanimously. INTRODUCTION ITEMS 1. ORDINANCE AMENDING THE BUDGET, REQUEST # 4 (AB96 -201) 2. ORDINANCE GRANTING A 25 -YEAR NON - EXCLUSIVE FRANCHISE TO TRANS MOUNTAIN OIL PIPE LINE CORPORATION (AB96 -208) (BEARING TO BE SCHEDULED) 3. RESOLUTION ESTABLISHING CRP - 994012 AND APPROVAL AND AWARD OF CONTRACT TO THE LOW BIDDER, ONE -WAY CONSTRUCTION CO. IN THE AMOUNT OF $ 153,771.50 (AB96 -209) Regular Council Minutes, 5/28/96, Page 5 4. RESOLUTION GRANTING BACK COUNTY RIGHT -OF -WAY, SPECIFICALLY INVOLVING PARCEL # 400104 - 014091 (AB96- 21 0A)(HEARING TO BE SCHEDULED) 5. RESOLUTION AUTHORIZING THE SALE OF TAX PROPERTY, REQUEST # 96 -3 (AB 96 -211A) (HEARING TO BE SCHEDULED) ADDENDUM 6. ORDINANCE AMENDING THE 1996 BUDGET ORDINANCE 95 -065 TO RE -TITLE A POSITION Dawson moved to accept the introduction items. Brown moved to amend by adding item number 6. Starkenburg was concerned County Construction Recyclers (CCR) and construction/demolition debris as it pertains to flow control (AB96 -154) was not on tonight's agenda or at least on the Introduction Items since it had been discussed in Public Works and Capital Projects Committee on May 21. He moved to introduce and address this item at the next Council meeting. In response to his concern, Brenner assured him this item would be placed on the agenda for June 11, thereby eliminating the need for his motion. Starkenburg was satisfied. Motion to amend carried unanimously. (Clerk's Note: This amended motion addressed Brown's amendment only.) Main amended motion carried unanimously. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Proposed City /County Interlocal Agreement Allowing for the Creation of a Cable TV Administrative Board (AB96 -213): Sutter noted the agreement is being worked on, and the latest draft agreement will be coming to the Council soon. Budget Retreat (AB96 -214): Bob Woods stated this is set for June 4 at 10:30 a.m. in the multi - purpose room in the Courthouse basement. Dan Gibson stated there is much pending litigation, and keeping track of it is difficult. He requested Council members check with him to keep current. Regular Council Minutes, 5/28/96, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ADJOURN The meeting was adjourned at 8:37 p.m. Marina Mason, Recording Secretary These minutes were approved by the Council on June 11 ATTEST: F-I •� WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON L. Ward Nelson, ou it Chair Regular Council Minutes, 5/28/96, Page 7