HomeMy WebLinkAboutCouncil April 26 1994WHATCOM COUNTY COUNCIL
REGULAR MEETING
April 26, 1994
The meeting was called to order at 7:02 p.m. in the Council Chambers, 311 Grand
Avenue, by Council Chair Bob Imhof. This meeting was the first to take place in the newly -
rennovated Courthouse.
Also Present:
Barbara Brenner
Ken Henderson
Ward Nelson
Larry Harris
Alvin Starkenburg
Marlene Dawson
CONSENT AGENDA
(Items 1 -11 scheduled for Finance & Personnel Committee)
Absent:
None
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH CHRIS D. CROOKES FOR CHILD
ABUSE /SEXUAL ABUSE COUNSELING (AB94 -226)
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH NICHOLLS ENGINEERING OF
SPOKANE FOR PROFESSIONAL ENGINEERING WORK TO LOAD
RATE ALL REMAINING COUNTY BRIDGES FOR A SUM OF
$19,991.11 (AB94 -237)
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF
BELLINGHAM FOR DEVELOPING A LOCAL ENHANCED 911
COMMUNICATIONS SYSTEM (CONTINUATION OF A PROCESS
ALREADY APPROVED BY THE COUNCIL IN A1394 -144) (AB94-
144A)
4. BID AWARD RECOMMENDATION FOR AN AIR COMPRESSOR TO
MAINTAIN ROADS AND BRIDGES TO THE ONLY RESPONSIVE
BIDDER, NC MACHINERY COMPANY FOR $42,257.60 INCLUDING
SALES TAX (AB94 -239)
Regular Council Minutes, 4/26/94, Page 1
5. BID AWARD RECOMMENDATION FOR A TRUCK- MOUNTED
WATER TANK TO REPLACE AN EXISTING ONE USED TO
MAINTAIN ROADS AND BRIDGES TO THE LOW BIDDER, NORSTAR
INDUSTRIES FOR $41,581.26 (AB94 -240)
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH THE STATE OF WASHINGTON
DEPARTMENT OF LICENSING (DOL) WHICH MAKES WHATCOM
COUNTY AN AGENT FOR THE DOL IN ALL THINGS RELATED TO
THE LICENSING OF VEHICLES AND VESSELS AND OTHER
RELATED DUTIES (AB94 -241)
7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
WHATCOM COUNTY HEALTH DEPARTMENT AND TEAMSTERS'
LOCAL 231 - "CLERICAL AGREEMENT" (AB94 -242)
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A CONTRACT WITH JHK TRANSPORTATION CONSULTANTS
FOR TRANSPORTATION PLANNING (AB94 -243)
9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH THE WHATCOM COUNTY COUNCIL
OF GOVERNMENTS FOR ASSISTANCE IN RURAL
TRANSPORTATION PLANNING EFFORT (AB94 -244)
10. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH THE DEPARTMENT OF ECOLOGY
FOR A GRANT TO REVIEW THE EXISTING LOCAL
ENVIRONMENTAL REGULATIONS TO INSURE GREATER
CONSISTENCY, SIMPLICITY, EFFICIENCY AND BETTER SERVICE
TO THE COMMUNITY (AB94 -245)
Starkenburg moved to approve items 1 -10 and to discuss items 11 -13.
Motion carried unanimously.
The Council agreed to take "Open Session" comments at this time and return to the
"Consent Agenda" at a later time.
OPEN SESSION (20 MINUTES)
Lloyd Austin, Bellingham: General comments
Roy Giles: General comments
Regular Council Minutes, 4/26/94, Page 2
Bob Anderson, Holly Street, Bellingham: Resolution regarding Growth Management
(AB94 -230)
Kurt Dessauer, Bellingham: Disabled access to Courthouse (AB94 -251)
Bob Carmichael, attorney for Mark Weinberg: Weinberg appeal (AB94 -126)
Art Castle and Valerie Smith, Building Industry Association: General comments
Sherilyn Wells, 1020 Geneva, Bellingham: Growth Management Act resolution
(AB94 -230)
Corky Smith, Olivine Corp. (did not identify himself on tape): Flow control ordinance
(AB94 -222)
Rita Foley, Lake Whatcom: General comments regarding Lake Whatcom
SPECIAL PRESENTATION
PRESENTATION BY REPRESENTATIVE OF VISIONING COMMITTEE
ON THE VISIONING PROCESS (AB94 -249) (1/2 HOUR)
The Chair noted that this item had been omitted from his agenda but would be
discussed at this time. A booklet summarizing the Committee's findings was presented to
Council Members. Persons speaking:
Mary Cutbill
Jim Swann
Kathy Sutter
Mike Ross
CONSENT AGENDA (continued)
(Item 11 scheduled for Finance and Personnel Committee)
11. AWARD OF BID TO BELLINGHAM HERALD FOR WHATCOM
COUNTY'S OFFICIAL NEWSPAPER AND AUTHORIZATION FOR
EXECUTIVE TO SIGN A CONTRACT WITH THE BELLINGHAM
HERALD FOR SAME (AB94 -124A)
Starkenburg reported that this item would stay in committee.
(Item 12 scheduled for Public Services & Solid Waste Committee)
12. REQUEST FOR A MOTION APPROVING THE LIQUOR LICENSE
APPLICANT AND LOCATION FOR THE CLUBHOUSE RESTAURANT
(AB94 -246)
Brenner moved to approve the request.
Regular Council Minutes, 4/26/94, Page 3
Motion carried unanimously.
(Item 13 -- no committee assignment)
13. APPROVAL OF THE MINUTES OF THE MARCH 22, 1994
COMMITTEE OF THE WHOLE MEETING AND THE MARCH 8, 1994
REGULAR MEETING
Brenner moved to approve the minutes as presented.
Motion carried unanimously.
PUBLIC HEARINGS
None were scheduled this evening.
OTHER ITEMS (Council action may be taken)
(Items 1 -2 scheduled for Planning & Development Committee)
1. ORDINANCE AMENDING POINT ROBERTS' SUBAREA COMP. PLAN
AND SPECIAL DISTRICT ZONING BY ADOPTING A CHARACTER
PLAN FOR POINT ROBERTS (AB94 -216)
Nelson reported that the Planning and Development Committee reviewed this item.
Planning and Devlopment Services Director Nate Brown answered questions.
Dawson recommended adoption of the ordinance.
Motion carried unanimously.
2. RESOLUTION REGARDING COMPLIANCE WITH THE GROWTH
MANAGEMENT ACT RCW 36.70A (AB94 -230)
Nelson presented a revised (substitute) resolution to Council Members which showed
changes made at the committee level. He went over the changes for the record. Planning
Division Manager Dan Taylor commented.
Nelson moved to approve the substitute resolution.
Harris moved to amend line 2 on page 2 by deleting the word 'only ".
Motion to amend carried unanimously.
Regular Council Minutes, 4/26/94, Page 4
Henderson moved to amend line 16 on page 2 by inserting the words "for completion
by November 30" after the word "element ".
Motion to amend carried unanimously.
Sherilyn Wells (did not identify herself for the tape) commented with the Chair's
permission.
Harris moved to table the resolution until the May 3 Council meeting.
Motion failed 4 -3 with Henderson, Brenner and Harris opposed.
Dawson moved to amend the resolution to change the words 'open space" to
"recreation" on line 9, page 1 and on line 15, page 2 of the resolution.
Motion carried unanimously.
Brenner moved to amend the resolution by adding after line 20 'BE IT FURTHER
RESOLVED that this resolution is valid only if it is in compliance with state law ".
Brenner withdrew her motion.
Harris moved to refer the resolution to committee for review (this would appear on
the May 10 Planning and Development Committee meeting) and for action at the May 10
Council meeting.
Motion carried 5 -2 with Dawson and Nelson opposed.
(Item 3 scheduled for Committee of the Whole)
3. DECISION REGARDING THE MARK WEINBERG APPEAL OF THE
HEARING EXAMINER'S DECISION ON VARIOUS ISSUES (APL93 -32)
(AB94 -126)
Henderson moved to remand to the Hearing Examiner for review of applicability of
Section 4.4.3 under the Critical Areas Ordinance and, in addition, deny the assignment to
an alternate Hearing Examiner.
Dawson moved to amend by adding that the issues need to be written out so that
there are no surprises. (Clerk's Note: No vote was taken on this motion to amend; Civil
Deputy Prosecutor Dan Gibson said later that he felt the intent of Dawson's motion was
addressed in Section 4.4.3.)
Regular Council Minutes, 4/26/94, Page 5
Brenner announced she had an appearance of fairness problem and would abstain
from the vote. Civil Deputy Prosecutor Dan Gibson was asked to clarify some points for
the Council.
The main motion carried unanimously with Brenner abstaining.
(Item 4 -- no committee assignment)
4. NOMINATION OF SOMEONE TO REPLACE LARRY HARRIS AS THE
PUBLIC SECTOR REPRE - SENTATIVE ON THE OPPORTUNITY
COUNCIL BOARD OF DIRECTORS (APPOINTMENT MAY BE MADE
AT THIS MEETING IF COUNCIL VOTES TO SUSPEND THE RULES)
(AB94 -238)
Harris noted that he resigned from the Board of Trustees for the Opportunity
Council. Imhof sought volunteers but none came forward. The Clerk was asked to check
on the date and times of meetings and report to the Council so that members could check
their schedules for compatability.
(Items 5 -7 scheduled for Finance & Personnel Committee)
5. ORDINANCE AMENDING THE BUDGET, NO. 3 (AB94 -213)
Starkenburg reported on the deliberations of the Finance and Personnel Committee
on this matter, the Administration's concerns.
Starkenburg moved to adopt the ordinance.
Starkenburg moved to amend the Council appropriation as follows: strike $29,507
and insert in its place $23,418 on line 18, page 226 of our packet.
Motion to amend carried unanimously.
Motion to adopt the supplemental budget ordinance as amended carried
unanimously.
6. ORDINANCE AUTHORIZING AN INCREASE IN THE COUNTY
CLERK'S CASH DRAWER /CHANGE FUND (AB94 -214)
Starkenburg moved to adopt the ordinance.
Motion carried unanimously.
Regular Council Minutes, 4/26/94, Page 6
7. FLOW CONTROL CONTRACT AND POTENTIAL CHANGES TO FLOW
CONTROL ORDINANCE (DISCUSSION OF GIBSON'S ASSESSMENT
OF THE CONTRACT IN RESPONSE TO MOTION MADE AT 4/12
MEETING MAY BE DISCUSSED IN EXECUTIVE SESSION) (AB94-
222)
Planning and Development Services Director Nate Brown spoke to the Council.
Gibson commented.
Brenner moved to obtain a legal opinion from an attorney (a qualifiied expert)
specifically in municipal and contractural law on whether or not this Interim Agreement is
an agreement to agree, which is not enforceable if it is an agreement to agree.
Brenner withdrew the motion.
After lengthy discussion about "garbage wars ", rate concerns, incineration and long
haul, the Chair invited comments from the audience.
Howard Andreason, no address given
A.J. Gould, 190 West Lake Samish Drive
Mary Vanderpol, Kok Road, Lynden
Roy Giles
Corky Smith, Jr., president, Olivine Corporation
Jack Weiss, 401 -15th Street
Jim Austin, speaking on behalf of Recomp
Dawson moved that all elements of the Flow Control Ordinance need to be
considered equally.
Bob Woods, Council Budget and Program Analyst, spoke.
Dawson withdrew her motion.
Imhof moved to support the existing Flow Control Ordinance.
Brenner moved (with assistance from Henderson) to amend the motion to support
the existing Flow Control Ordinance if it is cost beneficial for the community provided that
language be added to allow the County to perform cost benefit analysis of current or future
waste disposal options regulated by that ordinance.
Brenner withdrew her motion to amend Imhof's motion.
Imhof withdrew his motion.
Regular Council Minutes, 4/26/94, Page 7
Henderson moved to request SWAC to forward to the Council the Flow Control
Ordinance with the language to allow the County to perform cost benefit analysis of current
or future waste disposal options regulated by that ordinance.
Henderson moved to table this discussion and bring it back for Council consideration
within a few weeks.
Motion carried unanimously.
INTRODUCTION ITEMS
The Council may accept these items for introduction (no action) in a single motion. Changes, in terns of committee assignment for
example, may be made at this time.
1. RECEIPT OF PETITION TO VACATE A PORTION OF VALLETTE
STREET (AB94 -200)
2. ORDINANCE CREATING A NO SHOOTING ZONE IN THE SOUTH BAKER
LAKE REGION (AB94 -128) (HEARING TO BE SCHEDULED)
3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE, TITLE 20, TO ALLOW INDOOR AND
OUTDOOR LIVE COMMERCIAL ENTERTAINMENT AS A
CONDITIONAL USE IN THE RURAL ZONE (AB94 -248)
.......... ......._.................._.... .......
4. ORDINANCE AMENDING THE WHATCOM COUNTY CODE TITLE
14, REQUIRING NOTIFI - CATION TO PURCHASER AND
DEVELOPERS OF PROPERTY ON OR WITHIN ON QUARTER MILE
OF DESIGNATED MINERAL RESOURCE LANDS (AB94 -247)
(PLANNING)
Imhof moved to introduce these items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
None.
Regular Council Minutes, 4/26/94, Page 8
Dip •�
The meeting adjourned at 11 :30 p.m.
Respectfully submitted,
Ramona Reeves, Recording Secretary
These minutes were approved by the Council on May 24 , 1994.
ATTEST:
i
Ramona Reeves, Clerk of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Imho uncil 1
Regular Council Minutes, 4/26/94, Page 9