HomeMy WebLinkAboutCouncil August 15 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
August 15, 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
Imhof moved to follow direction given by counsel in executive session regarding
pending litigation (AB95 -336).
Motion carried unanimously.
READING AND APPROVAL OF MINUTES OF THE JUNE 6 AND 20, JULY 5 AND
18 COMMITTEE OF THE WHOLE MEETINGS; MAY 25, JUNE 13 AND 27, AND
JULY 11 SPECIAL COUNCIL MEETINGS; APRIL 11, MAY 23, JUNE 6 AND 20
AND JULY 5 REGULAR COUNCIL MEETINGS.
Starkenburg moved approval of the minutes as presented.
Motion carried unanimously.
SPECIAL PRESENTATION
1. HEBERT RESEARCH REPORT ON COMPREHENSIVE PLAN
ALTERNATIVES (AB95 -202A) (30 MINUTES) (A PRESENTATION IS
ALSO SCHEDULED FOR PLANNING AND DEVELOPMENT
SERVICES COMMITTEE)
Richard Trottier, Research Director, and Todd Harriet, Principal Analyst, of Hebert
Research gave some background information on these alternatives.
Regular Council Minutes, 8/15/95, Page 1
. Harriet gave a summary of the findings, which included information on the following:
land use impacts of the four alternative plans; analysis of the housing price impact of the
four alternative plans; property tax increases; and work load and staffing impacts under the
four plans.
There was discussion on the analysis.
Nelson noted that there would be another chance for comment at the Planning
Commission level on September 7, 1995.
RESOLUTION FOR DAN TAYLOR
Harris presented Dan Taylor, retiring from Planning Services, with a resolution from
the Council.
Harris moved approval of the resolution.
Motion carried unanimously.
Imhof presented Taylor with a plaque of appreciation.
Imhof moved approval of the resolution directing the Technical Advisory Committee
to review proposed land clearing regulations and create related development standards to
the County Council.
Motion passed unanimously.
The Council took "Other Items" number 10 and 12 out of regular agenda and dealt
with them at this time.
10. 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 8/1)
Nelson reported for Planning and Development Committee and recommended
approval.
Nelson noted a scrivener's error on packet page 295, lines 37 -38: D. change A and
B to and .
Motion to amend carried 4 - 3 with Harris, Henderson and Imhof opposed.
Main motion to adopt carried unanimously.
12. REQUEST FOR REVIEW AND APPROVAL OF ESTABLISHING A
PROCEDURE FOR DEVELOPING AND ADOPTING INTERLOCAL
AGREEMENTS RELATIVE TO URBAN GROWTH AREAS (AB95-
343)
Nelson reported for Planning and Development Committee and recommended
approval.
Motion carried unanimously.
OPEN SESSION
The following people addressed the Council:
Rita Foley, Sedro Woolley: Problems with the south end of Lake Whatcom and
violations of regulations
Marvin Wolf, Bar Road: Criminal Justice Sales Tax (AB94 -539)
Teresa Sygitowicz: Criminal Justice Sales Tax (AB94 -539)
Paul Sorenson: Open Space Issues
Dan Lidecker, 250 Birch Bay - Lynden Road: Solid Waste Collection (AB95 -132C)
Dick Gilda, Jensen Road: Criminal Justice Sales Tax (AB94 -539)
Hearing no one else, Imhof closed the open session.
CONSENT AGENDA
Starkenburg reported for Finance and Administrative Services Committee and
recommended approval of the consent agenda items.
Motion carried unanimously.
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH THE RECOVERY CENTER,
A DEPARTMENT OF ST. JOSEPH HOSPITAL FOR THE 1995 -1997
BIENNIUM COVERING JUNE 30, 1995 THROUGH JUNE 30, 1997 IN
THE TOTAL CONTRACT AMOUNT OF $647,760 (AB95 -340)
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONTRACT WITH GREG RUSTAND, INC., D /B /A
SECURITY SPECIALIST PLUS, PER RFP 95 -52 COMMENCING
Regular Council Minutes, 8/15/95, Page 3
SEPTEMBER 1995 AND TERMINATING ON JUNE 30, 1997 IN THE
TOTAL CONTRACT AMOUNT OF $38,500 (AB95 -341)
PUBLIC HEARINGS
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)
Planning and Development Services Director Nate Brown gave some background'
information on this item.
There was discussion with Brown and Council members.
Imhof opened the public hearing.
Hearing no one, Imhof closed the public hearing.
This item will be voted on at the September 5, 1995 Council meeting.
OTHER ITEMS
The Council recessed its meeting and convened a meeting of the Whatcom
County Board of Health.
1. HEALTH ADVISORY BOARD RECOMMENDATIONS ON HEALTH
DEPARTMENT REORGANIZATION (AB95 -345)
Harris noted that all members of the Board of Health were present. He gave
some background information on this item. There was discussion with the Advisory
Board.
Steve Jilk, representing the Health Department Advisory Board, gave information
on job descriptions for Health Officer and Health Department Director; scope of
responsibility for each position; budgeting for these positions; and the August 14 letter
regarding the Health Officer's position.
Regular Council Minutes, 8/15/95, Page 4
2. POSSIBLE DISCUSSION OF WHATCOM COUNTY HEALTH
DEPARTMENT PROPOSED COMPOST REGULATIONS (AB94 -601)
This item was tabled.
The meeting of the Board of Health was adjourned, and the Council meeting was
reconvened.
3. ORDINANCE RELATING TO TAXATION, IMPOSING A SALES AND
USE TAX UPON AND TO BE COLLECTED FROM THOSE
PERSONS FROM WHOM THE STATE SALES AND USE TAX IS
COLLECTED, FIXING THE RATE OF TAX, PROVIDING FOR THE
ADMINISTRATION AND COLLECTION THEREOF, CONSENTING
TO THE INSPECTION OF RECORDS AND OTHER MATTERS
RELATING THERETO (CRIMINAL JUSTICE SALES TAX) (AB94-
539) (FROM 6/20)
Starkenburg reported for Finance Committee and recommended that the Council
not adopt the ordinance. He noted the committee requested counsel to continue with
the legal process.
Imhof restated the motion in the positive, which was to approve the ordinance.
There was discussion on the motion.
Other items discussed included: litigation with the City regarding criminal justice;
property tax increase of 3 %; the importance of assessments; education of Council
members; budget cuts; department sacrifices; the need for this tax to provide status quo
services; and enhancing services.
Motion to adopt the ordinance failed 1 -6 with Harris in favor.
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A LEASE AGREEMENT WITH EMERALD
CORPORATION FOR COUNTY RECORDS CENTER AT 4208
GUIDE MERIDIAN ROAD, BELLINGHAM, WASHINGTON (AB95-
330)
Starkenburg reported for Finance and Administrative Services Committee and
recommended approval.
Motion carried unanimously.
Regular Council Minutes, 8/15/95, Page 5
5. REPORT FROM COUNTY EXECUTIVE SHIRLEY VAN ZANTEN
ON CLOSURE OF NON - MANDATED FUNDS (AB95 -297)
Starkenburg reported for Finance and Administrative Services Committee. The
following was recommended by the committee: on page 80 of the packet, the committee
was in agreement with items 1 and 2 and 4 through 7; item 3 still needs to be defined- -
no action was taken, and items 8 and 9 were held in committee.
6. NOOKSACK BASIN STEERING COMMITTEE: REVIEW OF WORK TO
DATE AND IMPACT OF FEDERAL ON- RESERVATION WATER RIGHTS
NEGOTIATIONS (AB95 -224A)
Harris reported for Natural Resources Committee.
7. RESOLUTION ADOPTING ADA TRANSITION PLAN AND SELF
EVALUATION PLAN FOR THE YEARS 1995 THROUGH 1999 (AB95-
323) (FROM 8/1)
Brenner reported for Public Works and Capital Projects Committee and
recommended approval of the resolution with the addition of a memo from Nat
Dickinson, which basically gives him the flexibility to restructure priorities according to
need.
Motion carried unanimously.
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH THE NORTHWEST
WASHINGTON FAIR CLARIFYING ITS RELATIONSHIP WITH THE
COUNTY (95 -333)
This item was held in committee until September 5, 1995.
9. ORDINANCE ESTABLISHING THE NORTHWEST WASHINGTON
FAIR AS AN AREA FAIR (AB95 -333A)
This item was held in committee until September 5, 1995.
11. REQUEST FOR REVIEW AND APPROVAL FOR THE EXECUTIVE TO
SIGN AND RETURN TO THE CITY OF BELLINGHAM THEIR PETITION
OF THE PROPOSED MCLEOD /MT. BAKER ANNEXATION (AB95 -342)
Nelson reported for Planning and Development Committee and recommended
approval of the request.
Regular Council Minutes, 8/15/95, Page 6
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Motion carried unanimously.
13. DISTRIBUTION OF BOOKLET TITLED "1995 REVENUE SUMMARY -
SOURCES OF REVENUE AND WHERE IT'S SPENT" (AB95 -337)
Council Budget and Program Analyst Bob Woods gave background information
on this item. He noted this report deals with just the external revenues.
INTRODUCTION ITEMS
Dawson moved approval of the introduction. items.
Motion carried unanimously.
1. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.10,
REGARDING SOLID WASTE AND RESIDENTIAL COLLECTION
SERVICE LEVEL ORDINANCE (AB95 -344)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
■ Henderson announced the new director of the Council of Governments (COG) is
Jim Miller. The regional and metropolitan transportation plans for Bellingham and
Ferndale were approved by the COG.
Budget, 1996 (AB95- 276A): Starkenburg noted .he and Bob Woods are working
on putting together a procedure regarding the budget process for 1996.
Criminal Justice (AB94 -539): Brenner mentioned she is concerned about the
newspaper article regarding this subject. She would like to see some prioritization and
will be writing the Council members a memo.
■ Hams .referred to a letter written by Dawson to Governor Lowery and copy to
various state officials on July 20 dealing with the reservation water rights. He felt the
Council should address this issue as, in his opinion, it crossed the line between a
personal opinion and the possibility it could be construed as an opinion of the Council as
a whole. Given the sensitivity between the County and the Tribe, especially regarding
reservation water rights, he thought Council members need to be very careful in
appearing to use their political position for a partisan position.
He moved to have all correspondence on the subject of on- reservation water
rights on Council letterhead be signed by the Chair of the County Council. All position
statements on the subject of on- reservation water rights on Council letterhead should
reflect a majority Council position.
Regular Council Minutes, 8/15/95, Page 7
1 Dawson defended herself by stating the letter she sent out was a summary of the
2 meeting at Ferndale to state the position of the speakers.
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4 There was discussion on the motion.
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6 Harris withdrew his motion.
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8 Critical Areas Ordinance (CAO) (95- 189A): Dan Gibson, Council's counsel,
9 noted that negotiations are upcoming with the state regarding this issue. The internal
10 meeting will be Tuesday, August 22.
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12 ■ Bob Woods, Budget and Program Analyst, noted he has completed the annual
13 invitation to candidates to come in and receive budget, etc., information. This. is
14 scheduled for August 28 in the chambers. The candidates will be able to ask questions
15 as candidates.
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17. ADJOURN
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19 The meeting was adjourned at 9 p.m.
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27 These minutes were approved by the Council on Sept. 19 , 1995.
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29 ATTEST: WHATCOM COUNTY COUNCIL
30 WHATCOM COUNTY, WASHINGTON
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Regular Council Minutes, 8/15/95, Page 8