HomeMy WebLinkAboutCouncil January 25 1994WHATCOM COUNTY COUNCIL
REGULAR MEETING
January 25, 1994
The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest
Street, by Council Chair Bob Imhof.
Also Present: Absent:
Ken Henderson None
Marlene Dawson
Ward Nelson
Larry Harris
Barbara Brenner
Alvin Starkenburg
ANNOUNCEMENTS
The Chair announced that Item 10 under "Other Business," the possible rescission of
the Georgia - Pacific appeal decision, was withdrawn from consideration.
OPEN SESSION (20 MINUTES)
Any member of the audience may address the council on any issue at this point in the meeting. If an item is scheduled for public hearing,
we ask that you wait to testify until the hearing on that item is opened by the chair. Before beginning to comment, each speaker should
state his /her name, address, and the topic of interest, for the record.
The following people addressed the Council in open session:
Roger Ellingson, P.O. Box 1258, Blaine: Georgia - Pacific appeal (AB93 -294)
Lee Denke: Sewer line extension by Water District 10 (AB92 -246). Paperwork was
distributed.
CONSENT AGENDA
Items under this section of the agenda may be considered in a single motion. Council members have received and studied background
material on all items. Committee review has taken place. Any member of the public, administrative staff, or council may ask that an item
be considered separately.
(ITEMS 1 -9 SCHEDULED FOR FINANCE & PERSONNEL COMMITTEE)
1. BID AWARD RECOMMENDATION FOR TWELVE SHERIFF PATROL
SEDANS THROUGH THE STATE CONTRACT TO GILCHRIST CHEVROLET
AT A TOTAL COST OF $179,114.28 INCLUDING TAX (AB94 -043)
2. BID AWARD FOR THE SUPPLY OF ASPHALTIC EMULSIONS TO OBTAIN
A SUPPLIER AND FIRM FIXED PRICING FOR CHIP SEALING
COUNTY ROADS DURING 1994 TO THE LOW BIDDER, KOCH MATERIALS,
LTD. IN A TOTAL ESTIMATED AMOUNT OF $400,000 (AB94 -044)
Regular Council Minutes, 1/25/94, Page 1
3. BID AWARD RECOMMENDATION FOR PURCHASE OF AN ANNUAL
SUPPLY OF TRAFFIC LINE PAINT AND GLASS BEADS THROUGH STATE
CONTRACTS TO NORRIS PAINT COMPANY FOR $124,099.50, AND TO OK
BEADS, INC., FOR $38,000 (AB94 -045)
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
A CONTRACT WITH ERICSSON BUSINESS COMMUNICATIONS, INC. FOR
TELEPHONE SWITCHING EQUIPMENT MAINTENANCE AND REPAIR FOR
1994 AT A COST OF $48,740 (AB94 -046)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
A CONTRACT WITH SND COMMUNICATIONS AND DUCAP ELECTRONICS,
INC. FOR THE REPAIR AND MAINTENANCE OF TWO -WAY RADIO
SYSTEMS USED BY THE SHERIFF'S AND TRANSPORTATION SERVICES
DEPARTMENTS (AB94 -047)
6, REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AN INTERLOCAL AGREEMENT WITH BELLINGHAM FOR SOLID AND
HAZARDOUS WASTE MANAGEMENT SERVICES IN AN AMOUNT OF
$343,000 (AB94 -048)
7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AN AGREEMENT WITH MASCHHOFF, BARR & ASSOCIATES FOR
CONTINUATION OF THE EMPLOYEE ASSISTANCE PROGRAM AT A COST
OF $15,204 FOR 1994 (AB94 -049)
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AN ADMINISTRATIVE SERVICES AGREEMENT WITH WHATCOM
MEDICAL BUREAU FOR ADMINISTRATION OF THE 1994 SELF - INSURED
CO- PAYMENT MEDICAL PLAN; BUDGETED AMOUNT IS ABOUT $63,000,
BUT THE PAYMENT IS BASED ON A PERCENTAGE OF THE CLAIMS PAID
(AB94 -050)
9. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS (AB94 -052):
DEVELOPMENTAL DISABILITIES BOARD
• REAPPOINTMENT OF KIMBERLY HOPELY TO A FIRST, FULL THREE
YEAR TERM TO RUN FROM 1/1/94 TO 12/31/96. SHE HAD BEEN APPOINTED IN
1992 TO COMPLETE A TERM.
• NEW APPOINTMENT OF CARRIE ROLFE TO A FIRST, FULL THREE -
YEAR TERM TO RUN FROM 1/1/94 TO 12/31/96 TO FILL AN OPEN POSITION.
CARRIE WILL REPRESENT CONSUMER INTERESTS.
MENTAL HEALTH ADVISORY BOARD
Regular Council Minutes, 1/25/94, Page 2
• REAPPOINTMENT OF JIM MCRANDLE TO A SECOND FULL THREE -
YEAR TERM TO RUN FROM 1/1/94 TO 12/31/96. HE HAS ALREADY SERVED
ONE FULL TERM.
• REAPPOINTMENT OF PATRICIA WOODALL TO A SECOND FULL
THREE -YEAR TERM TO RUN FROM 1/1/94 TO 12/31/96. SHE HAS ALREADY
SERVED ONE FULL TERM.
• REAPPOINTMENT OF ADRIANNE HUNTER TO A FIRST, FULL THREE -
YEAR TERM TO RUN FROM 1/1/94 TO 12/31/96. SHE WAS APPOINTED IN 1993
TO COMPLETE A TERM.
NORTH SOUND REGIONAL SUPPORT NETWORK ADVISORY BOARD
• JIM MCRANDLE TO A SECOND FULL THREE -YEAR TERM TO RUN
FROM 1/1/94 TO 12/31/96. HE HAS ALREADY SERVED ONE TERM AND IS
INTERESTED IN AND ELIGIBLE FOR REAPPOINTMENT.
• NEW APPOINTMENT OF ADRIANNE HUNTER TO A FIRST, FULL
THREE -YEAR TERM TO RUN FROM 1/1/94 TO 12/31/96. SHE WILL REPLACE
GUADALUPE GAMA, WHO RESIGNED.
RURAL LIBRARY BOARD
• REAPPOINTMENT OF TOM S= TO A SECOND, FULL FIVE -YEAR
TERM TO RUN FROM 1/1/94 TO 12/31/98 (TERM LENGTH IS SET BY RCW
27.12).
SUBSTANCE ABUSE BOARD
• REAPPOINTMENT OF TOMMY THOMSON TO A SECOND, FULL THREE -
YEAR TERM TO RUN FROM 1/1/94 TO 12/31/96.
• NEW APPOINTMENT OF JOSEPH TREAT TO A FIRST, FULL THREE -
YEAR TERM TO RUN FROM 1/1/94 TO 12/31/96 TO REPLACE VELMA WENDT,
WHO IS NOT ELIGIBLE FOR REAPPOINTMENT.
• NEW APPOINTMENT OF JAY HYNDS TO A FIRST, FULL THREE -YEAR
TERM TO RUN FROM 1/1/94 TO 12/31/96 TO REPLACE MARIE USITALO WHO
RESIGNED TO HEALTH PROBLEMS.
Starkenburg moved to approve the consent agenda as presented.
Motion carried unanimously.
PUBLIC HEARINGS
Any member of the audience may speak to the particular item under consideration by the council after the hearing is opened. Before
beginning to comment speaker should state his /her name and address, for the record.
1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE (TITLE 20) SECTIONS .20, .22, .32, .34, .36 AND .40 TO ALLOW
DETACHED ACCESSORY DWELLING UNITS AS CONDITIONAL USE, AND
Regular Council Minutes, 1/25/94, Page 3
.97 TO ADD DETACHED ACCESSORY DWELLING UNITS AS
ACONDITIONAL USE (AB93 -463)
The hearing was opened, and the following people addressed the Council before the
hearing was closed:
Gordon Rogers, Planning Department
Clare Fogelsong, Bellingham
Gail Pattenaude, Laurel
Donna McAllister, Bellingham
Bob Wiesen, Ferndale
Paul Schissler, Bellingham
Robin Dexter
Sherilyn Wells, Bellingham
Mark Weinberg, Bellingham
Brenner moved to adopt the ordinance.
Harris moved to amend the ordinance to delete the farm worker housing portions
and consider that portion at a different time.
Motion to amend carried 5 -2 with Brenner and Imhof opposed.
Brenner moved to amend, on page 2 of Attachment C, Item 6 (requiring detached
accessory housing units to be located within 100 feet of the original dwelling).
Motion to amend carried 5 -2 with Harris and Henderson opposed.
Brenner moved to amend the ordinance by deleting, on page 2 of Attachment C,
Item 7 (requiring off street parking).
Motion to amend carried 5 -2 with Henderson and Dawson opposed.
Brenner moved to amend the ordinance, on page 2 of Attachment C, so that
Item 8 reads as follows: "In no case shall the accessory apartment be larger than 1,000
square feet."
Motion to amend carried 5 -2 with Harris and Henderson opposed.
Brenner moved to amend the ordinance so that attached and detached accessible
units are available in any zoning in which people live. The motion was revised to include
just resort commercial zoning.
The revised motion to amend carried 4 -3 with Henderson, Imhof and Harris opposed.
Regular Council Minutes, 1/25/94, Page 4
Henderson moved to amend the ordinance, on page 2 of Attachment C, after
20.20.158, to add the words "except in the Lake Whatcom Watershed" after the words
"single - family dwellings ".
Motion carried 5 -2 with Nelson and Starkenburg opposed.
The main motion to adopt the ordinance as amended carried unanimously.
2. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY
ROADS (NORTHERN HEIGHTS, KRAMER'S ADDITION, AND BIRCHMONT
(AB94 -013)
The hearing was opened, no one spoke, and the hearing was closed.
Dawson moved to adopt the ordinance.
Motion carried unanimously.
3. ORDINANCE REGARDING THE MATTER OF INSTALLING STOP SIGNS ON
CERTAIN COUNTY ROADS (EAST 16TH PLACE AT HILLSDALE ROAD,
ROMA ROAD AT BRITTON ROAD, TAMARACK ROAD AT ROMA ROAD,
TILBURY ROAD AT LIMESTONE ROAD) (AB94 -014)
The hearing was opened, no one spoke, and the hearing was closed.
Harris moved to adopt the ordinance.
Motion carried unanimously.
4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTER 94, ENFORCEMENT AND PENALTIES,
TO ALLOW CLASS 1 CIVIL INFRACTION PENALTIES FOR VIOLATIONS OF
CHAPTER 20 (AB94 -016)
The hearing was opened, no one spoke, and the hearing was closed.
Henderson moved to adopt the ordinance.
Motion carried unanimously.
5. ORDINANCE ADOPTING THE 1991 UNIFORM FIRE CODE WITHOUT A
SUNSET CLAUSE (AB93 -406B)
Regular Council Minutes, 1/25/94, Page 5
closed:
The hearing was opened, and the following people spoke before the hearing was
Mark Weinberg, Bellingham.
Tom Anderson, Public Utility District No. 1
Dawson moved to adopt the ordinance subject to adoption of the development
standard. Dawson withdrew her amendment.
Harris moved to adopt the ordinance.
Motion carried 6 -1 with Dawson opposed.
OTHER ITEMS (COUNCIL ACTION MAY BE TAKEN)
(ITEM 1 SCHEDULED FOR COMMITTEE OF THE WHOLE)
1. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON
HEARING EXAMINER FILE NO. SHV93 -24, SHV93 -3, SHC93 -12, DICKERSON
DOCK, FILED BY JOHN DICKERSON (AB93 -432)
Harris moved to uphold the Hearing Examiner's decision.
Motion failed 3 -4 with Starkenburg, Nelson, Imhof and Dawson opposed.
Imhof moved to uphold the Hearing Examiner's decision on tree removal and
overturn the Hearing Examiner's decision on the length of the dock and allow for 135 feet.
Motion carried 5 -2 with Henderson and Brenner opposed.
(ITEMS 2 -3 SCHEDULED FOR FINANCE & PERSONNEL COMMITTEE)
2. RESOLUTION DECLARING WHATCOM COUNTY PROPERTY (WRECKED
SHERIFF'S SEDAN) SURPLUS, SETTING A PUBLIC HEARING (AB94 -051)
Henderson moved approval of the resolution.
Motion carried unanimously.
3. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.02,
REGARDING WHATCOM COUNTY COUNCIL OPERATIONS (AB93 -426)
Henderson requested that this item be moved to the end of the agenda. There was
agreement.
(ITEMS 4 -5 SCHEDULED FOR PUBLIC SERVICES & SOLID WASTE COMMITTEE)
Regular Council Minutes, 1/25/94, Page 6
4. ORDINANCE AMENDING WHATCOM COUNTY CODE, CHAPTER 24.05
REGARDING SEWAGE CONTROL RULES AND REGULATIONS (AB94 -015)
Brenner moved that the ordinance be adopted.
Motion carried unanimously.
5. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.78,
ADDING A COUNCIL POSITION TO THE SOLID WASTE ADVISORY
COMMITTEE (AB94 -021)
The Council agreed to reject this item. (Clerk's Note: No main motion was made;
Brenner indicated she wanted the amendments (not specified) to the ordinance rejected, and
there was a unanimous vote agreeing with her request; however, it is the Clerk's understanding
that it was the Council's intent to reject the entire ordinance.)
(ITEM 6 SCHEDULED FOR PLANNING & DEVELOPMENT COMMITTEE)
6. DISCUSSION OF ANNEXATION POLICY (AB94 -039)
Imhof moved for Henderson to continue to set up annexation policy parameters.
Motion carried unanimously.
(ITEM 7 SCHEDULED FOR WATER RESOURCES COMMITTEE)
7. DISCUSSION OF LUMMI NATION'S REQUEST FOR NEGOTIATION WITH
STATE ON TRIBAL FEDERAL RESERVED WATER RIGHTS (AB94 -033)
Harris moved to have the Council join the Water Users Steering Committee, sending
two representatives, one appointed by the Executive and the other the Water Resources
Committee chair.
Motion carried unanimously.
(ITEMS 8 -10 - NO COMMITTEE ASSIGNMENT)
8. INTERLOCAL AGREEMENT FOR NORTHWEST REGIONAL COUNCIL
(AB94 -035)
Brenner moved to table the agreement for two weeks.
Motion carried 6 -1 with Henderson opposed.
Regular Council Minutes, 1/25/94, Page 7
9. REOPENING OF NOMINATIONS TO THE PLANNING COMMISSION FOR
TWO VACANCIES THAT EXPIRED 12/31/93 (AB93 -491)
Imhof reopened nominations for District 1.
Dawson nominated Skip Richards; Nelson nominated Bob Moore. The nominations
for District 1 were closed.
Imhof reopened nominations for District 3. No new nominations were added, and
the nominations were closed.
Imhof asked if it would be the standing policy of the Council to vote on nominations
and send the ones forward that receive four votes. After some discussion:
Imhof moved to vote the nominations.
Motion carried 6 -1 with Brenner opposed.
The roll call vote for Skip Richards was 5 -2 with Harris and Henderson opposed.
The roll call vote for Bob Moore was 5 -2 with Harris and Henderson opposed.
Both nominees will be forwarded to Executive for consideration.
10. POSSIBLE MOTION TO RESCIND THE DECISION ON HEARING
EXAMINER FILE NO. CUP90 -73, GEORGIA PACIFIC LANDFILL, FILED BY
GEORGIA PACIFIC CORPORATION (AB93 -294)
This item was withdrawn from consideration.
11. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.02,
REGARDING WHATCOM COUNTY COUNCIL OPERATIONS (AB93 -426)
Starkenburg moved to adopt the ordinance.
Starkenburg moved to amend the ordinance (see A on attached).
Motion carried unanimously.
Starkenburg moved to amend the ordinance (see B on attached).
Motion failed 2 -5 with Imhof and Starkenburg in favor.
Regular Council Minutes, 1/25/94, Page 8
Harris moved to amend the ordinance to strike the passage changing to Roberts
Rules of Order and retain Sturgis Standard Code of Parliamentary Procedure.
Motion to amend carried 5 -2 with Dawson and Starkenburg opposed.
Henderson moved to amend page 6 of Exhibit A (see C on attached).
Motion to amend carried unanimously.
Brenner moved to amend (see D on attached).
Motion carried unanimously.
Brenner moved to amend (see E on attached).
Motion carried unanimously.
Brenner moved to amend on page 3, line 19, add two sections as follows: (see F on
attached).
Motion carried unanimously.
Imhof moved to substitute "may" for "shall' (see G on attached).
Motion failed 2 -5 with Henderson, Harris, Dawson, Brenner and Nelson opposed.
Motion to adopt the ordinance as amended carried unanimously.
INTRODUCTION ITEMS
The Council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for
example, may be made at this time.
1. ORDINANCE ESTABLISHING A WEIGHT LIMIT ON BIRCH BAY DRIVE
(AB94 -037) (HEARING SCHEDULED 2/8)
2. RESOLUTION TO SELL WHATCOM COUNTY PROPERTY (WRECKED
SHERIFF'S SEDAN) (AB94 -051A) (HEARING SCHEDULED 2/8)
3. ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL
BUDGET OF WHATCOM COUNTY FOR THE YEAR 1994 AND
RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN (AB94-
032) (HEARING 2/1, ACTION 2/8)
Brenner moved to introduce items 1 -3 as printed on the agenda.
Motion carried unanimously.
Regular Council Minutes, 1/25/94, Page 9
Imhof recessed the regular Council meeting and called to order the meeting of the
County -Wide Flood Control -Zone District Board of Supervisors.
The County Council also serves as the Board of Supervisors for this district. Because the district is a separate governmental unit, the
Council must recess its regular Council meering and call to order a meeting of the County-Wide Flood Control Zone District before taking
action.
ACTION: APPOINTMENT TO THE COUNTY -WIDE FLOOD CONTROL
ZONE DISTRICT ADVISORY COMMITTEE (AB94 -038)
Harris moved that all present members of the flood control committee whose terms
are u .p and who have not resigned be reappointed: Bronsema, Hyatt, McKeever: Mitchell,
Nowicke, Polinder, Davis and Dobyns, with the exception of Lagerwey, who resigned.
Motion carried unanimously.
Imhof opened the nominations for the "Impacted City" position formerly filled by
Lagerway. Brenner nominated Bill Harriman; Starkenburg nominated Lloyd Ludtke.
Ludtke was appointed by the Council with a 5 -2 vote with Brenner and Harris voting
for Harriman.
The meeting of the Flood Control Zone District Board of Supervisors was adjourned
and the regular Council meeting was reconvened.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Schedule of Meetings for Standing Committees (AB94 -005): The following was
suggested by Henderson Finance and Personnel Committee at 9:30 a.m.; Water Resources
Committee at 11 a.m.; Public Services and Solid Waste Committee at 1 :30 p.m.; and
Planning and Development Committee at 3 p.m. Capital Projects will be on an "as needed"
basis). There was agreement.
Extended Area Service (AB93 -328): Brenner asked to have Council authorization to
work with Dan Gibson to write up a petition. Imhof asked Brenner to discuss with Gibson
whether this would be appropriate.
Parking for the Disabled (AB94 -066): Brenner announced her desire to have this
referred to committee.
Canvass of Elections (AB94 -067): Imhof sought volunteers to canvass the
February 8 Diking District elections. He said someone would be appointed at the next
meeting.
Fire Warden Program (AB94 -068): This will be put on by the NW Air Pollution
Authority. This matter needs to o before the Finance and Personnel Committee. The
County has money in Building & Codes for fire warden matters. The Council will check
into this. The Authority is looking at $12,000 to $15,000 per year. Four counties are
involved in this program.
ADJOURN
The meeting was adjourned at 10:36 p.m.
Regular Council Minutes, 1/25/94, Page 10
Respectfully submitted,
/ 0, - /�-2' �
Ramona Reeves, Recording Secretary
These minutes were accepted by the Council on February 8, , 1994.
ATTEST:
Ramona Reeves, Clerk of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert Imhof, o Chair
Regular Council Minutes, 1/25/94, Page 11
AMENDMENTS Recommended for Ordinance Amendinci WCC 2.02
Scrivener's Errors: Please make a motion correcting the scrivener's errors as indicated:
On page 1 of the ordinance (page 99 of the packet), line 13:
... WHEREAS, some minor changes were needed to this section of the Code
be d to clarify the rules governing council committee structure, reports, and
council agendas; ...
On page 2 of the ordinance (page 100 of the packet), line 4, change "1993" to "1994 ".
On page 2 of the ordinance, line 11, change "Marge Laidlaw" to "Bob Imhof'
Recommended Amendments: All of these are on Exhibit A to the ordinance.
...Amendments suggested by Alvin Starkenburg:
Exhibit A
On page 2 of Exhibit A to the ordinance (page 102 of the packet), lines 26 through 28:
A. The county council shall employ and supervise the clerk of the county council,
who shall function as the administrative department director with the responsibility
......... ...............................
for the operation of the council office and the council clerk's staff. 1
Exhibit B
On page 7 of Exhibit A to the ordinance (page 107 of the packet), lines 6 through 9:
Council members who are appointed by the council to any other county
governmental boards, commissions or committees, other than ad hoc council
committees, shall likewise be determined by a majority roll call vote by the council;
Exhibit C
On page 6 of Exhibit A to the ordinance (page 106 of the packet), lines 22 -28:
... All actions of a committee pertaining to an ordinance that has been properly
introduced, as specified elsewhere in this chapter, be reported out to the full
Council e1I<a€
.................
i
............... ...............................
.............. ...............................
Exhibit D
On page 2 of Exhibit A to the ordinance (page 102 of the packet), line 30:
Regular Council Minutes, 1/25/94, Page 12
... authority over eetmeH empleyees,
WWROAN
Exhibit E
On page 3 of Exhibit A to the ordinance (page 103 of the packet), lines 6 -8:
... The clerk will provide planning leadership and direction for the depaftmen
......................
..........:;.;:.;:.;:.;:
staff. The clerk will develop policy recommendations concerning county-
wide programs, and will develop and implement departmental policies and
procedures....
Exhibit F
On page 3 of Exhibit A to the ordinance (page 103 of the packet), line 19, add two new
sections, as follows:
Exhibit G
On page 4 of Exhibit A to the ordinance (page 104 of the packet), line 22:
D. Consent items may be acted upon en masse; provided, however, that any
consent item shall i be considered separately if so requested by a council member,
by a member of tlhe county administration, or by a member of the public.
Regular Council Minutes, 1/25/94, Page 13