HomeMy WebLinkAboutCouncil October 1 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
October 1, 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 today the Committee of the Whole met and discussed the
following in executive session:
1. Discussion with Administration regarding exempt employees (AB96 -341).
Council was updated.
2. Discussion with Senior Deputy Prosecutor Daniel Gibson regarding Growth
Management Litigation (AB96 -077). Direction was given.
Also, Nelson clarified an editorial from September 26 in The Bellingham Herald regarding
a quote by Michael Knapp, Director of Planning and Development. Services. Knapp addressed
Council to clarify the work the Council is doing on the Comprehensive Plan.
SPECIAL PRESENTATION
SPECIAL PRESENTATION BY COUNCIL CHAIR WARD NELSON (AB96 -245)
Nelson presented a plaque to Council Budget Analyst Bob Woods in appreciation for his
service to the Council.
SPECIAL PRESENTATION BY COUNTY EXECUTIVE PETE KREMEN (AB96 -245)
Pete Kremen, County Executive, presented an award to Barbara Cory, Treasurer, and also
to Neil Clement, Emergency Management Services, SherifF s Office.
Regular Council Minutes, 10/1/96, Page 1
OPEN SESSION
No one addressed the Council in open session.
CONSENT AGENDA
Dawson reported for Finance and Administrative Services Committee and moved approval
of items 1 -5.
Motion carried 6 -1 with Imhof out of room.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD A
REVISION OF THE ORIGINAL AMOUNT OF BID #95 -91 FOR THE
SUPPLY OF TRAFFIC CONTROL SIGNS (AB96 -335)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD
RECORDS CENTER LEASE AGREEMENTS WITH BELLINGHAM
BUSINESS PARK FOR THREE MONTHS AND SOFTRIDE INC. FOR
FOURTEEN MONTHS (AB96 -336)
3 REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER A
CONTRACT WITH HOME PORT LEARNING CENTER FOR
EDUCATIONAL PROGRAMS FOR JUVENILE OFFENDERS SERVED BY
WHATCOM COUNTY COURT PROGRAMS (AB96 -337)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE TASK
"213" OF THE NOOKSACK WATER USERS STEERING COMMITTEE
(AB96 -33 8)
5. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS COUNTY
PROPERTY AND SETTING A DATE FOR PUBLIC HEARING (AB96 -345)
PUBLIC HEARING
1. ORDINANCE IN THE MATTER OF TRANSFERRING OWNERSHIP OF
BLACK ROCK CABLE, INC. TO CABLE PLUS, L.P. (AB96 -314)
Mary Scrimsher, Executive's Office, gave a background report. Scrimsher requested an
amendment on packet page 153, line 21, to add:
c urt% c i t ..Cab1 Pl us L.P., o s.
Nelson opened the public hearing, and the following people spoke:
Regular Council Minutes, 10/1/96, Page 2
John Karras, Black Rock Cable
Hearing no one else, Nelson closed the public hearing.
Dawson moved approval.
Sutter moved to amend by adding "contingent upon the sale of all assets" on packet page
153, line 21.
Motion to amend carried unanimously.
Main motion to approve as amended carried unanimously.
2. ORDINANCE IN THE MATTER OF TRANSFERRING OWNERSHIP OF
KOK ROAD WATER ASSOCIATION TO THE CITY OF LYNDEN (AB96-
315)
Mary Scrimsher, Executive's Office, recommended approval.
Nelson opened the public hearing, and no one spoke.
Nelson closed the public hearing.
Inhof moved approval.
Motion to approve carried unanimously.
3. ORDINANCE IN THE MATTER OF TRANSFERRING OWNERSHIP OF THE
NORTH LYNDEN WATER ASSOCIATION TO THE CITY OF LYNDEN
(AB96 -316)
Nelson opened the public hearing, and no one spoke.
Nelson closed the public hearing.
Dawson moved approval.
Motion carried unanimously.
4. RESOLUTION IN THE MATTER OF ACCEPTING CERTAIN ROADWAYS
IN THE VICINITY OF THE BAKERVIEW INDUSTRIAL PARK INTO THE
COUNTY ROAD SYSTEM (AB96 -328)
Regular Council Minutes, 10/1/96, Page 3
This item has been withdrawn.
OTHER ITEMS
1. APPROVAL OF CONTRACT WITH MICHAEL BOBBINK FOR HEARING
EXAMINER SERVICES (AB96 -050C)
Dawson reported for Finance and Administrative Services Committee and moved
approval.
Motion to approved carried unanimously.
2. ORDINANCE AMENDING THE BUDGET, REQUEST # 7 (AB96 -327)
Dawson reported for Finance and Administrative Services Committee and moved forward
items 2, 5, 6, 7 and 8. Items 1, 3 and 4 were withheld.
Woods suggested an amendment regarding the Juvenile Court Administration Probation
Division item. The recommendaton is that the appropriation should be reduced by $1,252.00.
Dawson moved approval of the ordinance.
Dawson moved to amend by adjusting the recap of the overhead as stated above in
item #4.
Motion to amend carried unanimously.
Imhof moved to delete item #1, the $22,914 to the Assessor's Office. Discussion followed
with Council members and Dave Wareing, Executive's Office, and Keith Willnauer, Assessor's
Office.
Motion to delete item #1 carried 5 -2 with Sutter and Dawson opposed.
Brenner moved to amend the ordinance by eliminating #3 regarding District Court.
Brenner withdrew her amendment in favor of hearing Finance and Administrative Services
Committee's discussion. Bob Woods, Budget and Program Analyst, gave a report.
Dawson moved to revisit item #1 to allow the funds to be used for temporary help if
necessary. Add the $22,914 for use of temporary help in the Assessor's Office.
Motion carried unanimously.
Regular Council Minutes, 10/1/96, Page 4
Imhof moved to amend by adding to #9 to authorize the expenditure of not more than
$36,270 to increase the number of beds from 25 to 40 at SSP. The Administration and SSP shall
work to amend the present agreement to include the additional beds for up to 78 days to be
concluded December 31, 1996. These beds may be either minimum security or work release,
whichever option the Administration deems most appropriate.
There was discussion on the motion. Dave Wareing, Executive's Office, commented.
(Clerk's Note: The Council took a five- minute break to discuss Nelson's concern
regarding this item, which is an ordinance. He requested this be directed as a motion to
Administration to bringforward to allow sufficient public process in order for this item to return
to Council in two weeks, as Nelson stated this was not part of the original budget. After the
break, Nelson noted this already has been announced as an ordinance with specific expenditures.
As Chair, he took the responsibility to hold this item for two weeks, after which time it would be
brought forward as an amendment to Council. Dan Gibson, Council's counsel, stated it would
be introduced tonight as a supplemental.)
Main motion as amended carried unanimously.
3. ORDINANCE AMENDING ORDINANCE 95 -033 AND THE WHATCOM
COUNTY CODE SECTION 20.92 REGARDING APPEALS OF HEARING
EXAMINER DECISIONS TO THE COUNTY COUNCIL (AB96 -288)
Starkenburg reported for Planning and Development Committee and stated there is no
recommendation. There was discussion.
Nelson moved to hold this item in committee.
Motion carried unanimously.
4. CONSIDERATION OF REQUEST TO AMEND THE LYNDEN - NOOKSACK
VALLEY SUBAREA COMPREHENSIVE PLAN MAP FROM LIGHT
INDUSTRIAL PARK TO GENERAL COMMERCIAL AND THE OFFICIAL
WHATCOM COUNTY ZONING MAP FROM LII TO GC (AB96 -340)
Starkenburg reported for Planning and Development Committee and stated that no action
was necessary. A report was given to committee for information only.
5. APPROVAL OF FINDINGS FOR THE WOODLAKES MEADOWS ESTATES,
A PLANNED UNIT DEVELOPMENT (AB96 -303)
This item has been withdrawn.
Regular Council Minutes, 10/1/96, Page 5
6. APPOINTMENT OF COUNCIL REPRESENTATIVE TO SERVE ON THE
MENTAL HEALTH ADVISORY BOARD (AB96 -339)
Brenner volunteered to serve as Council representative on this Board.
7. RESOLUTION POSTPONING REVIEW OF THE WHATCOM COUNTY
DEVELOPMENT STANDARDS UNTIL AFTER ADOPTION OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB96 -342)
Brenner moved to approve.
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Sutter moved to amend .packet page 2, line 2, to strike "will-" and add
..Technical Advisory Committee will 0g40§# " delay further review of the
Whatcom County Development... ".
Motion to amend carried unanimously.
Motion to approve resolution as amended carried unanimously.
8. APPOINTMENT OF THIRD COMMISSIONER TO SERVE FIRE DISTRICT
#5, POINT ROBERTS (AB96 -269A)
Brenner moved approval of Michael Hendon.
Motion carried unanimously.
INTRODUCTION ITEMS
Imhof moved to accept the introduction items as amended.
Motion carried unanimously.
1. ORDINANCE AMENDING THE BUDGET, REQUEST #8 (AB96 -343)
Nelson moved to amend this introduction item. Imhof stated it would be amended to
include a contract for SSP as stated earlier for an appropriation of $36,270 (see budget, request
#7 above).
Motion to amend carried unanimously.
2. ORDINANCE AMENDING LAKE WHATCOM SUBAREA
COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM COUNTY
Regular Council Minutes, 10/1/96, Page 6
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ZONING MAP FOR APPROXIMATELY FIVE ACRES, FROM RURAL FORESTRY
(RF) TO RURAL FIVE ACRES (R5A) (AB96 -344)
3.. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY
SURPLUS PROPERTY PURSUANT TO WCC 1.10 (AB96 -345A)
.ADDENDUM
4. RECEIPT OF THE DRAFT WHATCOM COUNTY COMPREHENSIVE PLAN
(AB 96 -051A) (HEARING TO BE SCHEDULED)
Imhof moved approval as an introductory item.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Washington Association of Counties (AB96 -001): Sutter reminded all of the Candidate
Roundup in Ellensburg.
Expense Voucher (AB96 -360): Dawson gave a report on the Congressional hearing in
Washington D.C.
Disposal Site Agreement (AB96 -077): Imhof moved to request Administration to
enforce the requirements of all disposal site agreements by issuing notice of intention to rescind
such agreements where any disposal site has not operated within agreed upon limits in the receipt
and processing of municipal solid waste.
Motion to approve the request carried 6 -1 with Brenner opposed.
Disposal Site Agreement (AB96 -077): Imhof moved to request Administration to
submit a report to the Council by October 27, 1996 detailing the actual utilization of disposal site
separated municipal solid waste recycled materials at each approved disposal site.
Brenner moved to amend by requesting specific information either publicly or in executive
session to know where the compost is going (County).
There was discussion on the amendment. It was pointed out to Brenner her amendment
was covered in Imhof s motion; Brenner withdrew her motion.
Motion carried unanimously.
Regular Council Minutes, 10/1/96, Page 7
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Nooksack Steering Committee (AB96 -410): Nelson would like to have a presentation
at the Natural Resources Committee regarding recent meetings /direction taken between the cities
of Lynden and Bellingham and Whatcom County.
Nooksack Watershed Initiative (AB96 -052): Sutter requested assistance from Council
members regarding Nooksack's upcoming Friday meeting. As she will be unable to attend, they
would like to have a Council member as a representative for this meeting.
Comprehensive Plan Review (AB96 -051): Starkenburg thanked everyone working on
the Comprehensive Plan and all Council members who are attending.
ADJOURN
The meeting was adjourned at 8:50 p.m.
Jill Nixon, rding Secretary
These minutes were approved by the Council on February 11 , 199T
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
rown- Davis, Counci er Ward Nelson, Council Chair
Regular Council Minutes, 10/1/96, Page 8