HomeMy WebLinkAboutCouncil August 1 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
August 1, 1995
The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Larry Harris
Alvin Starkenburg
Ken Henderson
Ward Nelson
ANNOUNCEMENTS
Growth Planning Hearings Board (AB95 -310): Imhof announced that during
executive session there was discussion on Growth Planning Hearings Board issues.
Counsel Dan Gibson is to continue negotiations with the state with the attendance of
Council members and move forward with that discussion and negotiations.
Flow Control (AB95- 132C): Executive session discussion also took place on legal
review pertaining to flow control. A work session is to be held in the near future on
flow control, possibly one week from today.
Appeal of Hearing Examiner's Decision on Preliminary Plat (AB95 -216):
Imhof moved to uphold the Hearing Examiner's decision and modify the conditions to
allow three accessory units and require bonding for the paving per staff
recommendations.
Motion carried unanimously.
OPEN SESSION
300)
The following people addressed the Council at open session:
Tim Douglas, 2114 Williams Street: Human Rights Task Force (AB95 -300)
Vernon Demonte Johnson: Human Rights Task Force (AB95 -300)
Marie Bortella, 304 -36th Street, Bellingham: Human Rights Task Force (AB95-
Don Pierce, 505 Grand Avenue: Human Rights Task Force (AB95 -300)
Alice Cyr, 372 Sudden Valley: Human Rights Task Force (AB95 -300)
Regular Council Minutes, 8/1/95, Page 1
1 Dale Brandland, Sheriff: Human Rights Task Force (AB95 -300)
2 Bell Shalom: Human Rights Task Force (AB95 -300)
3 David Redfox, 1456 Lincoln Street: Human Rights Task Force (AB95 -300)
4 Tom Richardson, 3005 Haxton Way: Human Rights Task Force (AB95 -300)
5 Joe Deeny, 2104 Wilson: Human Rights Task Force (AB95 -300)
6 Chris Chisholm, 925 North State Street: Human Rights Task Force (AB95 -300)
7 Sherilyn Wells, 1020 Geneva: Human Rights Task Force (AB95 -300)
8 Grant Allen, 5610 Sanderland Way: Beacon Group (AB9 -95 -110)
9 Bob Andersen, 203 West Holly, Suite 213: Resolution for Drayton Harbor
10 (AB95 -197C)
11 Rodney Lund, 1322 Roland Street: Human Rights Task Force (AB95 -300)
12 Joe Elenbaas, 600 E. Smith Road: Defiance Park (AB95 -216)
13 Skip Richards: Citizens Review Committee (AB95 -318)
14 Lynn Allen, 2656 Alderwood: Human Rights Task Force (AB95 -300)
15 Gregory Marshall Sr, 1316 Oriental Avenue: Citizens Review Committee (AB95-
16 318)
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18 Imhof moved approval of the resolution regarding the Human Rights Task Force,
19 which is further down the agenda.
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21 Henderson moved approval of the substitute resolution as read.
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23 Motion carried unanimously.
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25 Imhof requested Council discuss Number 4 under Public Hearings:
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27 4. RESOLUTION ADOPTING ADA TRANSITION PLAN AND SELF
28 EVALUATION PLAN FOR THE YEARS 1995 THROUGH 1999 (AB95 -323)
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30 Staff report was given by Nat Dickinson, Whatcom County ADA Coordinator.
31 The ADA Plan become federal law in 1990. Whatcom County is required to make its
32 programs accessible to the disabled and evaluate its policies and programs and prepare
33 an ADA Transition Plan listing the structural changes to buildings and facilities
34 undertaken to make those programs accessible.
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36 Each department in the courthouse appointed a representative to evaluate his
37 department's policies, programs and facilities in order to identify barriers to access for
38 those who are disabled.
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40 Facilities teams were developed to evaluate various county building improvements
41 needing to be done to enhance accessibility, the estimated costs, and the time frame.
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Regular Council Minutes, 8/1/95, Page 2
Dickinson requested an amendment to approve adding the following language to
page 2: "The Whatcom County Council recognizes that the order of priorities on the
implementation schedule of this plan is tentative, and recognizes the authority of the
ADA Coordinator and the Department of Administrative Services to change the order if
necessary."
Josephine Davidson, 543 West Kellogg Road, Chair of the Whatcom County ADA
Compliance Committee, spoke on endorsement of the resolution.
Imhof opened the public hearing and the following people spoke:
Carol Maher, 1851 Emerald Lakeway
Bruce Walton, 2502 North Shore Road
Dick Hayes, 1111 -40th Street, Bellingham
Jean Ogle, 4915 Samish Way
Sue Norman, 2416 Utter Street
Susan Jewell, 704 Roeder, Everson
Tony Denato, 1372 Roemer (sp ?) Road, Bellingham
Joselyn Winslow, 433 -17th Street, Bellingham
Bill Smith, 358 South Garden Street
Kurt Dessauer, 2690 Alderwood, Apt 6
Imhof closed the public hearing.
Brenner moved to table until some of the easily fixable problems have been
cleaned up and then place it in Public Works and Capital Projects Committee.
Starkenburg would like to enter into the record the Wall Street Journal article of
July 26, 1995 by Janet Reno and Dick Thornberg: "ADA- -Not a Disabling Mandate ".
Dickenson was concerned that the 1995 projects go ahead so some of the
problems can be fixed.
Nelson moved to accept the 1995 spending plan for the ADA acceptance and
place this in committee for review.
Motion carried unanimously.
(Clerk's Note: A 10 minute break was taken.)
CONSENT AGENDA
Starkenburg recommended approval of the consent agenda items.
Regular Council Minutes, 8/1/95, Page 3
Starkenburg moved to remove items 5, 6, 7, 8 and 9.
Henderson moved to remove item 10.
Motion to approve items 1 through 4 carried unanimously.
Starkenburg moved to approve the five contracts (items 5 through 9) and give
administration authority to change the line items. He noted the staff will be reporting to
Public Works and Capital Projects Committee in mid - September with the
recommendation(s) of the Executive Committee.
Motion carried unanimously.
Henderson inquired about possible space in the courthouse as an alternate
possibility.
There was much discussion.
Henderson moved to table this item for two weeks.
Motion carried unanimously.
1. BID AWARD RECOMMENDATION FOR PRINTING, COPY AND
COMPUTER PAPER TO MULTIPLE BIDDERS FOR THE PERIOD
AUGUST 1, 1995 THROUGH JULY 31, 1996 (AB95 -326)
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT FOR PRE- VOCATIONAL
SERVICES AND INDIVIDUAL EMPLOYMENT SERVICES WITH
VANGARD NORTHWEST FOR A 90 -DAY PERIOD IN THE TOTAL
AMOUNT OF $48,348.72 (AB95 -327)
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT FOR CHILD DEVELOPMENT
SERVICES WITH WHATCOM CENTER FOR EARLY LEARNING
FOR A 90 -DAY PERIOD IN THE TOTAL AMOUNT OF $24,235.20
(AB95 -328)
4. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO.
995007 AND THE AWARD OF CONTRACT FOR CONSTRUCTION
OF BRIDGE AND APPROACH GUARDRAILS FOR VARIOUS
COUNTY BRIDGES TO THE LOW BIDDER PETERSEN
BROTHERS, INC. FOR $183,151.25 (AB95 -329)
Regular Council Minutes, 8/1/95, Page 4
1 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
2 ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR
3 CONSULTING SERVICES WITH NEXT STEP ASSOCIATION FOR
4 EXTENSION OF COMPLETION DATE TO DECEMBER 31, 1995. .
5 THE TOTAL COST FOR THE SCOPE OF WORK FOR 1995 SECOND
6 ARROW PROJECT IS $65,000 (AB95 -012A)
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8 6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
9 ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR
10 CONSULTING SERVICES WITH NEXT STEP ASSOCIATION FOR
11 EXTENSION OF COMPLETION DATE TO DECEMBER 31, 1995.
12 THE TOTAL COST FOR THE SCOPE OF WORK FOR 1995 THIRD
13 ARROW PROJECT IS $35,000 (AB95 -013A)
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15 7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
16 ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR
17 CONSULTING SERVICES WITH RE SOURCES FOR EXTENSION
18 OF COMPLETION DATE TO DECEMBER 31, 1995. THE TOTAL
19 COST FOR THE SCOPE OF WORK FOR 1995 COMMERCIAL
20 WASTE EVALUATION AND TECHNICAL ASSISTANCE SERVICES
21 IS $40,000 (AB95 -016A)
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23 8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
24 ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR
25 CONSULTING SERVICES WITH RE SOURCES FOR EXTENSION
26 OF COMPLETION DATE TO DECEMBER 31, 1995. THE TOTAL
27 COST FOR THE SCOPE OF WORK FOR 1995 HOUSEHOLD
28 HAZARDOUS WASTE EDUCATION AND PROMOTION PROGRAM
29 IS $30,000 (AB95 -014A)
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31 9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
32 ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR
33 CONSULTING SERVICES WITH RE SOURCES FOR EXTENSION
34 OF COMPLETION DATE TO DECEMBER 31, 1995. THE TOTAL
35 COST FOR THE SCOPE OF WORK FOR 1995 SOLID WASTE
36 PREVENTION AND RECYCLING EDUCATION AND PROMOTION
37 PROGRAM IS $103,000 (AB95 -015A)
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39 10. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
40 ENTER INTO A LEASE AGREEMENT WITH EMERALD
41 CORPORATION FOR COUNTY RECORDS CENTER AT 4.208
42 GUIDE MERIDIAN ROAD, BELLINGHAM, WASHINGTON (AB95-
43 330)
44
Regular Council Minutes, 8/1/95, Page 5
PUBLIC HEARINGS
1. ORDINANCE AMENDING THE PUBLIC BENEFIT RATING
SYSTEM REMOVING OPEN SPACE /TIMBER FROM PLANNING
COMMISSION EVALUATION AND ADDING A NEW
CLASSIFICATION, FARM AND AGRICULTURE CONSERVATION
(AB95 -308) (FROM 7/18)
Imhof opened the public hearing, and the following people spoke:
Bob Andersen, 203 West Holly, Suite 319
Paul Sorensen, 415 Buena Vista Place
Sherilyn Wells, 1020 Geneva, Bellingham
Anthony Raab, 2834 North Shore Road
Tom Brown, 7024 Mt. Baker Highway
review.
Hearing no one else, Imhof closed the public hearing.
Harris moved to approve the ordinance.
There was discussion on the motion.
Dan Taylor, Planning Department, commented.
Nelson moved to place this item in Planning and Development Committee for
Motion carried unanimously.
2. ORDINANCE AMENDING LAND CLEARING REGULATIONS IN
TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE (AB95 -309) (FROM 7/18)
Terry Galvin, Planning Department, gave a staff report. He suggested the
Council review the process but hold the final decision until Planning has developed a
draft set of standards which have been approved by the Executive.
Galvin noted their proposal is to amend existing regulations so the County can do
a better job of insuring that the clearing of land is done responsibly and minimizes
damage to the community and the environment. Land clearing, by definition, is
essentially the removal of vegetation from land as a necessary first step in the course of
Regular Council Minutes, 8/1/95, Page 6
development. This land clearing causes water quality problems. Two administrative
processes, which work together, have been developed for review of land clearing:
stormwater management and land clearing review. He then described the review
process.
Bill Florea, Land Use Manager, discussed .the penalty section of the proposed
ordinance. He stated his department is focusing to a large extent on personal
responsibility because this ordinance represents a departure in the County's philosophy
toward land disturbance review. A strong but flexible approach to enforcement has been
taken.
Imhof opened the public hearing, and the following people spoke:
Bob Andersen, 203 West Holly, Suite 319
Anthony Raab, 2814 North Shore Road
Tom Brown, 7024 Mt. Baker Highway
Judy Tilley, 1650 Galberth Lane
Skip Richards
Sherilyn Wells, 1020 Geneva
Richard Gilda, Jensen Road
Hearing no one else, Imhof closed the public hearing.
Starkenburg suggested Council make no decision tonight and requested the
following:
1. Legal response and how the Council will process this information (legal
response refers to question Bob Anderson had regarding Rolf Beckhusen's opinion on
the ability of Council to delegate this);
2. Staff report to Council on any questions; and
3. Hold the record open.until two weeks after the stormwater hearing on
August 8, 1995.
Imhof left the public hearing open indefinitely. No action was taken on the issue.
3. ORDINANCE ESTABLISHING SPEED LIMIT ON LINDSAY ROAD
Imhof opened the public hearing, and no one spoke.
Brenner moved to approve the ordinance.
Motion carried unanimously
Regular Council Minutes, 8/1/95, Page 7
4. RESOLUTION ADOPTING ADA TRANSITION PLAN AND SELF
EVALUATION PLAN FOR THE YEARS 1995 THROUGH 1999 (AB95-
323)
(Clerk's Note: This issue was discussed earlier immediately after "Open Session".)
5. ORDINANCE AMENDING THE TCI FRANCHISE ORDINANCE TO
EXTEND IT FOUR MONTHS TO DECEMBER 24, 1995 OR UNTIL A
NEW ORDINANCE IS IN PLACE (AB95 -307)
Mary Scrimsher, Public Works, gave a staff report. She noted the ordinance
extension with TCI expires August 24, 1995 and is not completed.
Imhof opened the public hearing, and no one spoke.
Hearing no one, Imhof closed the public hearing.
Brenner moved approval of the ordinance.
Motion carried unanimously.
OTHER ITEMS
1. RESOLUTION CREATING A CITIZENS REVIEW COMMITTEE TO
REVIEW POTENTIAL SALES OF COUNTY OWNED PROPERTY
(AB95 -318) (FROM 7/18)
Brenner moved approval of the amended resolution.
Brenner moved the following amendment on page 2, lines 4, 5 and 6 of the
resolution,
�::;:::.;: ,::.. following P
"...Committee is to lz ltd the professionals..." and
.::.:.,........
a ::: r m.!'r.
Motion to amend carried unanimously.
Motion to approve the resolution as amended carried unanimously.
2. CONSIDERATION OF APPEAL - HEARING EXAMINER'S
DECISION ON PRELIMINARY PLAT (PLS94- 0007), FILED BY
WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES
(LAND USE DIVISION) AND WHATCOM COUNTY PUBLIC WORKS
DEPARTMENT (ENGINEERING DIVISION) (AB95 -216)
(Clerk's Note: This item was reported on earlier. See 'Announcements ")
Regular Council Minutes, 8/1/95, Page 8
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3. APPOINTMENT TO FILL VACANCY ON THE PLANNING
COMMISSION (AB95 -275B)
Imhof opened the nominations.
Starkenburg nominated Dana Beech.
Harris nominated Mary Dumas.
Dawson moved to close nominations.
4. APPOINTMENT OF KENNETH HENDERSON TO SERVE AS THE
ALTERNATE MEMBER FOR LARRY HARRIS ON THE NORTH
SOUND REGIONAL SUPPORT NETWORK (AB95 -334)
Brenner moved to nominate Ken Henderson.
Motion carried unanimously.
5. RESOLUTION ENDORSING THE EFFORTS OF THE WHATCOM
HUMAN RIGHTS TASK FORCE(AB95 -300)
(Clerk's Note: This item has already been discussed.)
6. RESOLUTION SETTING THE DRAYTON HARBOR WATERSHED
SHELLFISH PROTECTION DISTRICT RESPONSE PLAN (AB95 -197D)
Harris reported on the status of the Drayton Harbor Shellfish District Plan and
the Advisory Committee and moved to approve the resolution.
Bob Woods, Budget and Program Analyst, clarified some of the comments made
during open session.
Brenner moved to amend page 1, line 18 of the resolution as follows: " ...the
..............................
following goals and objectives shall be the plan..."
Motion to amend carried unanimously.
Brenner moved to amend line 1, page 2 of the resolution to change "
.......................... ...............................
Emens�ien" to DY r t ".
........................... ...............................
.......................... ...............................
........................... ...............................
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Regular Council Minutes, 8/1/95, Page 9
DAWSON
NELSON
IMHOF
HARRIS
BRENNER
STARKEN.
EHENDER.
X
X
X
X
X
X
X
4. APPOINTMENT OF KENNETH HENDERSON TO SERVE AS THE
ALTERNATE MEMBER FOR LARRY HARRIS ON THE NORTH
SOUND REGIONAL SUPPORT NETWORK (AB95 -334)
Brenner moved to nominate Ken Henderson.
Motion carried unanimously.
5. RESOLUTION ENDORSING THE EFFORTS OF THE WHATCOM
HUMAN RIGHTS TASK FORCE(AB95 -300)
(Clerk's Note: This item has already been discussed.)
6. RESOLUTION SETTING THE DRAYTON HARBOR WATERSHED
SHELLFISH PROTECTION DISTRICT RESPONSE PLAN (AB95 -197D)
Harris reported on the status of the Drayton Harbor Shellfish District Plan and
the Advisory Committee and moved to approve the resolution.
Bob Woods, Budget and Program Analyst, clarified some of the comments made
during open session.
Brenner moved to amend page 1, line 18 of the resolution as follows: " ...the
..............................
following goals and objectives shall be the plan..."
Motion to amend carried unanimously.
Brenner moved to amend line 1, page 2 of the resolution to change "
.......................... ...............................
Emens�ien" to DY r t ".
........................... ...............................
.......................... ...............................
........................... ...............................
.......................... ...............................
Regular Council Minutes, 8/1/95, Page 9
Motion to amend was withdrawn.
Brenner moved to amend line 3, page 2 of the resolution to change "Fleed
Geatr-el Zone Distfi to
Motion to amend failed 2 -5 with Brenner and Dawson in favor.
There was discussion on the item.
Motion to approve the resolution as amended carried unanimously.
INTRODUCTION ITEMS
Brenner moved approval of the introduction items.
Motion carried unanimously.
1. AN ORDINANCE AMENDING WHATCOM COUNTY CODE
CHAPTER 15.04 AND ADOPTING, BY REFERENCE, THE 1994
EDITION OF THE UNIFORM BUILDING CODE WAC 51 -30 AND
CERTAIN APPENDICES AND STANDARDS THERETO, EXCEPT AS
HEREIN MODIFIED, THE UNIFORM HOUSING CODE, THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS AND CERTAIN OTHER STANDARDS ADOPTED BY
THE STATE AND REPEALING WHATCOM COUNTY ORDINANCE .
92 -057 (AB95 -332) (HEARING TO BE SCHEDULED)
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH THE NORTHWEST
WASHINGTON FAIR CLARIFYING ITS RELATIONSHIP WITH THE
COUNTY (95 -333)
3. ORDINANCE ESTABLISHING THE NORTHWEST WASHINGTON
FAIR AS AN AREA FAIR (AB95 -333A)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Brenner again questioned the presence of the security guard.
Harris moved that the County Council staff begin the advertising process for the
Drayton Harbor District Advisory Committee. The advertisement will stress that
"members will have a direct interest in the district ", such as:
Regular Council Minutes, 8/1/95, Page 10
1 Commercial shell fishing
2 Agriculture
3 Reefeational shell fishing
4 Fish processing
5 Recreational boating
6 Experience with the Drayton Harbor Management Committee
7 Blaine City Council
8 Residential Property. owners
9 9M
10
11 Starkenburg made a friendly amendment to strike recreational shell fishing and
12 request a Port representative. The friendly amendment was accepted by Harris.
13
14 Motion carried unanimously.
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16 ADJOURN
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18 The meeting was adjourned at 11:10 p.m.
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23 N dean Hanso , Recording Secretary
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25 These minutes were approved by the Council on Sept. 19 , 1995.
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30 ATTEST:
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36 - ' , cil Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 8/1/95, Page 11