HomeMy WebLinkAboutCouncil August 9 1994WHATCOM COUNTY COUNCIL
Regular Council Meeting
August 9, 1994
The meeting was called to order by Chairman Robert Imhof at 7 p.m. in the
Council Chambers, 311 Grand Avenue.
Also Present:
Barbara Brenner
Marlene Dawson
Larry Harris
Ken Henderson
Ward Nelson
ANNOUNCEMENTS
Absent:
Alvin Starkenburg
In executive session, Crandall v. Whatcom Countv (AB94 -442) was discussed, as
well as courthouse construction arbitration (briefing only).
Item No. 5 under "Other Items ", ordinance extending TCI franchise (AB94- 340A),
has been withdrawn due to incorrect advertisement. A letter will be sent to TCI.
Item No. 9 under "Other Items ", personnel matter in executive session (AB94-
435), has been withdrawn. A letter will be sent to the Executive.
Item No. 10 under "Other Items" is an addition, a request from Juvenile for
authorization for a lease agreement with Sash & Door Building for teaching vocational
skills to juvenile offenders (AB94 -443).
Henderson moved to go into executive session to discuss the request for
authorization for the Executive to enter into a collective bargaining unit agreement with
the Washington State Nurses' Association. The Council will discuss clarification of
contract language (AB94 -431).
Motion carried 6 -0.
OPEN SESSION (20 MINUTES)
The following people spoke at the open session:
Sue Larson, Salt Spring Drive, Ferndale: Complaints about the Sheriff Dept.
being non - responsive to complaints from folks living on the Reservation (AB94 -449)
Regular Council Minutes, 8/9/94, Page 1
1 Dr. Anne King, Ferndale: Complaints from people living on the Reservation
2 (AB94 -449)
3 Bonnie Ventura, Ferndale: Washington State Dog Law Enforcement (AB94 -450)
4 Gary Sete (sp ?): Flow Control Ordinance (AB94 -223)
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6 CONSENT AGENDA
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8 1. READING AND APPROVAL OF MINUTES FROM MAY 10, JULY 12 AND
9 JULY 26, 1994 COMMITTEE OF THE WHOLE MEETINGS; MARCH 1,
10 MARCH 15, MAY 26 AND JUNE 21, 1994 SPECIAL MEETINGS;
11 SEPTEMBER 14 AND SEPTEMBER 28, 1993 REGULAR COUNCIL
12 MEETINGS; MAY 3, MAY 10, MAY 24, NNE 14, JUNE 28, JULY 12 AND
13 JULY 26, 1994 REGULAR COUNCIL MEETINGS.
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15 The minutes for all meetings in 1994 were approved as presented by the current
16 Council Members. The minutes from the 1993 meetings were approved by members of
17 the current Council who also served on the Council in 1993 with one exception, page 198
18 of the packet, the first vote should read "The amendment failed 4 -3, with Imhof, Vander
19 Yacht and Henderson opposed- INW1.
21 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
22 INTO THREE CONTRACTS RELATED TO THE INSTALLATION OF AN
23 ELECTION MANAGEMENT SYSTEM FOR A TOTAL AMOUNT OF
24 $88,250. PROPOSED CONTRACTS ARE WITH:
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26 • ELECTION TECHNOLOGY COMPANY FOR SOFTWARE
27 • ELECTION TECHNOLOGY COMPANY FOR HARDWARE
28 • DIAL TELEPHONE SERVICES FOR WIRING (AB94 -430)
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30 Nelson reported for Finance and Personnel Committee and recommended
31 approval of the contract with Election Technology Company for software only. The
32 hardware and wiring contracts will be brought forward at a later date.
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34 Motion carried 6 -0.
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36 3. APPOINTMENT OF GLEN BOODY TO FILL THE VACANT SEAT ON
37 CEMETERY DISTRICT 10 BOARD OF COMMISSIONERS. (AB94 -367)
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39 Harris moved approval of the appointment.
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41 Motion carried 6 -0.
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43 4. NEW APPLICATION FOR A CLASS C, D LIQUOR LICENSE FOR
44 LAHACIENDA RESTAURANT, 5896 GUIDE MERIDIAN,
Regular Council Minutes, 8/9/94, Page 2
BELLINGHAM BY GUSTAVO BTAVO OLIVO AND ROSE M.
LOPEZ (AB94 -433)
Brenner moved approval of the application.
Motion carried 6 -0.
PUBLIC HEARINGS
1. RESOLUTION AUTHORIZING SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WCC 1.10 (AB94 -401A)
Henderson moved approval of the resolution.
Motion carried 6 -0.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 11.44
REGARDING VESSELS PRESENTING A HAZARDOUS CONDITION IN
NAVIGABLE WATERS (AB94 -384)
The following person spoke:
Harry Ore, Walder Drive
Henderson moved adoption of the ordinance.
Dawson moved to amend the ordinance by adding the following language as a
new paragraph after line 20, page 284 of the packet:
"Notwithstanding the other provisions of this chapter, any residential property
owner, or person having charge of such property, may have an unauthorized vessel found
on the property impounded immediately upon giving written authorization."
Motion carried 4 -2 with Henderson and Harris opposed.
Motion to adopt the ordinance carried 4 -2 with Henderson and Harris opposed.
3. ORDINANCE REGARDING PARKING CONTROL ON NORTHWEST
DRIVE AND WEST SMITH ROAD (AB94 -405)
Ed Henken gave some background information on this item.
Nate Brown, Planning and Development Services, requested that the Council ask
for clarification from the Hearing Examiner on the parking situation.
Regular Council Minutes, 8/9/94, Page 3
1 Nelson moved to hold this in the Committee of the Whole until clarified.
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3 Henderson moved to hold this item in the Committee of the Whole until the issue
4 is clarified regarding the disparity between the Hearing Examiner and Engineering.
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6 Motion carried 6 -0.
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8 (Clerk's Note: Even though the first motion which was made by Nelson was not
9 voted on, the intent was the same in the motion that Henderson made which was approved.
10 The intent is to hold this ordinance in Committee of the Whole and to have Engineering
11 draft an additional ordinance to cover areas not addressed in this ordinance.)
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13 4. RESOLUTION TO SELL A CHIP SPREADER (AB94 -402A)
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15 Henderson moved approval of the resolution.
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17 Motion carried 6 -0.
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19 OTHER ITEMS
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21 1. DISCUSSION OF THE INTERIM CRITICAL AREAS ORDINANCE
22 PROCESS (AB94 -335B)
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24 Harris moved that the Council follow the Planning Department's recommendation
25 and hold joint Council /Planning Commission hearings, creating a draft ordinance to
26 come before the Council.
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28 Motion carried 6 -0.
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30 2. REQUEST BY THE EXECUTIVE FOR DISCUSSION /REVIEW OF
31 UPCOMING REQUEST FOR PROPOSALS FOR ANIMAL CONTROL
32 SERVICES (AB94 -348)
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34 County Executive, Shirley Van Zanten, gave some background information on this
35 item.
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37 The five options which will be included in the request for proposals are:
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39 - Written for possible responses that could address each of the parts of service
40 separately or together;
41 - Offer options for services, say, as low as 35 hours a week on up to the current
42 50, not beyond that;
43 - Request for the term to be initially two years with two terms of one year each to
44 be added;
Regular Council Minutes, 8/9/94, Page 4
1 - License fees as currently being handled; and
2 - Audit would be allowed upon adequate notice (30/60 days ?).
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4 3. ORDINANCE TO AMEND THE CHERRY POINT - FERNDALE SUBAREA
5 COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM
6 COUNTY ZONING MAP FROM AGRICULTURE (AG) TO RURAL FIVE
7 ACRES (R5A) FOR APPROXIMATELY 9.75 ACRES (AB94 -417)
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9 Nelson reported for Planning and Development Committee and recommended
10 adoption of the ordinance.
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12 He so moved.
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14 Motion carried 6 -0.
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16 4. ORDINANCE AMENDING THE LYNDEN - NOOKSACK VALLEY
17 SUBAREA COMPREHENSIVE PLAN MAP AND OFFICIAL WHATCOM
18 COUNTY ZONING MAP FOR APPROXIMATELY 2.01 ACRES FROM
19 RURAL RESIDENTIAL, TWO DWELLING UNITS PER ACRE (RR2) TO
20 GENERAL COMMERCIAL (GC) (AB94 -416)
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22 Nelson reported for Planning and Development Committee and recommended
23 adoption of the ordinance.
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25 He so moved.
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27 Motion carried 6 -0.
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29 5. ORDINANCE AMENDING ORDINANCE NO. 84 -60 TO EXTEND TCI
30 CABLEVISION FRANCHISE TERM FOR ONE YEAR (AB94 -340A)
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32 This item was withdrawn.
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34 Dawson moved that a letter be drafted allowing TCI to continue to use the right -
35 of -way until a franchise extension is granted.
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37 Motion carried 6 -0.
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39 6. SCHEDULING OF COMMITTEE OF THE WHOLE WORK SESSIONS
40 ON FLOW CONTROL (AB94 -223A)
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42 Dan Gibson is to give a report/presentation to the Council at a special meeting to
43 be held on September 6 from 11 a.m. to 1 p.m. in the Committee Room (possible
44 executive session).
Regular Council Minutes, 8/9/94, Page 5
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7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A COLLECTIVE BARGAINING UNIT AGREEMENT
WITH THE WASHINGTON STATE NURSES' ASSOCIATION (MAY
BE SCHEDULED IN EXECUTIVE SESSION IF COUNCIL WISHES
TO DISCUSS DETAILS OF THE CONTRACT, PER RCW 42.30)
(AB94 -431)
This item was discussed in executive session.
Nelson reported for Finance & Personnel to recommend an amendment to the
contract to be between Washington State Nurses' Association and Whatcom County
Government.
He so moved.
Imhof moved that the contract be amended to read that the collective bargaining
agreement is 'By and between Washington State Nurses Association and M4ia4eem
The motion carried 6 -0.
8. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 7 (AB94 -406)
Nelson reported for Finance and Personnel Committee and recommended
adoption of the ordinance.
He so moved.
The motion carried 6 -0.
9. EXECUTIVE SESSION TO DISCUSS A PERSONNEL MATTER
(PURSUANT TO RCW 42.30), AS REQUESTED BY COUNCIL
MEMBER BARBARA BRENNER AT THE 8/2/94 COUNCIL
MEETING (AB94 -435)
This item was withdrawn.
ADDENDUM TO THE AGENDA
10. REQUEST FROM JUVENILE FOR AUTHORIZATION FOR THE
EXECUTIVE TO ENTER INTO A LEASE AGREEMENT WITH SASH AND
DOOR FOR A BUILDING TO BE USED IN TEACHING VOCATIONAL
SKILLS TO JUVENILE OFFENDERS (AB -94 -443)
Regular Council Minutes, 8/9/94, Page 6
Imhof moved approval of the request.
Motion carried 6 -0.
11. RANDY WATTS' UPDATE ON PENDING LITIGATION (CRANDALL V.
WHATCOM COUNTY) (AB94 -442)
This item was discussed in executive session.
INTRODUCTION ITEMS
1. ORDINANCE TO AMEND URBAN FRINGE SUBAREA
COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM
COUNTY ZONING MAP (AB94 -313) (PUBLIC HEARING SET FOR
9/6/94)
2. ORDINANCE REGARDING THE CREATION OF A NO- SHOOTING ZONE
IN THE LAKE SAMISH AREA (AB94 -368) (PUBLIC HEARING SET FOR
9/6/94)
3. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 8 (AB94-
432) (FINANCE & PERSONNEL COMMITTEE, 9/13)
Henderson moved to accept the Introduction Items.
Motion carried 6 -0.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Harris: Two housekeeping items regarding the Critical Areas Ordinance (AB94 -335B)
resolution:
Harris moved to rescind the motion passed at the meeting on June 28 to adopt
both resolutions presented on the addendum to the agenda.
Motion carried 6 -0.
Harris moved that the Council approve the resolution regarding the Growth
Management Act Citizens' final review and final report, agenda bill 94 -363, as presented
to the Council on June 28.
Motion carried 6 -0.
Regular Council Minutes, 8/9/94, Page 7
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State Water Legislation Conference (AB94 -451): Washington State has a serious
water problem and major water legislation should be coming out of the legislature this
year, one of which is the 5,000 gallon well.
Long Term Care Meeting (AB94 -304): Meeting September 1 from 3:30 p.m. to
5:00 p.m. in the Bellingham Public Library.
Tubing on the Nooksack River Meeting (AB94 -452): Nelson and Henderson
attended this meeting with local citizens.
Imhof welcomed Nick Mickel to the County Flood Control Zone District Advisory
Committee, who is filling out the vacancy created by the resignation of Betty Lou Close
of Acme. He also thanked Ms. Close for her contributions to that committee.
Boundary Review Board (AB94 -448): Mide Road and Bakerview and I -5
annexations will cost the County $200 each for the hearings.
Imhof moved to withdraw support of the Mide Road annexation hearing.
The motion carried 4 -2 with Henderson and Harris opposed.
Imhof moved to withdraw support for review of the Bakerview annexation
hearing.
The motion failed 5 -1 with Imhof in favor.
Henderson moved that a request be transmitted to the Administration to review
the tax benefit and cost regarding a transitional revenue - sharing agreement on that area.
Motion carried 5 -1 with Imhof opposed.
Imhof moved to transfer the $200 into the correct account to pay for the hearing.
Motion carried 5 -1 with Imhof opposed.
Brenner moved to reconsider on the Mide Road annexation hearing.
Motion carried 4 -2 with Imhof and Nelson opposed.
Henderson moved to include this Mide Road annexation hearing in the request to
the Executive to consider transitional revenue - sharing agreement.
Motion carried 4 -2 with Imhof and Nelson opposed.
Regular Council Minutes, 8/9/94, Page 8
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(Clerk's note. No motion was made to amend the amount to be transferred)
ADJOURN
There being no further business, the meeting was adjourned at 9:50 p.m.
Respectfully submitted,
These minutes were approved by the Council on December 6 , 1994.
ATTEST:
Ramona Reeves, Clerk of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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Regular Council Minutes, 8/9/94, Page 9