HomeMy WebLinkAboutCouncil May 10 1994WHATCOM COUNTY COUNCIL
Regular Council Meeting
May 10, 1994
The meeting was called to order by Council Chair Bob Imhof at 7 p.m. in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Barbara Brenner None
Marlene Dawson
Larry Harris
Alvin Starkenburg
Ken Henderson
Ward Nelson
Imhof announced that two local people were runners up for the Washington State
Association of Counties' scholarship: Joel DeYoung, Lynden and Joseph Main, Bellingham.
SPECIAL PRESENTATION
WHATCOM COUNTY WATER RESOURCES EDUCATION COMMITTEE UPDATE
(BY JOY MONJURE, SUE BLAKE, BECKY PETERSON) (AB94 -264) (20
MINUTES)
Sue Blake, County Water Resource Manager /Water Resource Committee Member;
Becky Peterson, Commissioner for Water District #10; Joy Monjure, City of Bellingham
Public Works Department Representative /Water Resource Education Committee Member;
Nancy May, citizen representative; and Craig MacConnell, Chairman, Cooperative
Extension, addressed the Council on the status of the efforts of the Whatcom County Water
Resrouces Education Committee.
OPEN SESSION (20 MINUTES)
Robin Dexter, no address given: Spoke about the Water Committee presentation
(AB94 -264).
Wendy Borgeson, coordinator of the WSU Watershed Master's program: Spoke
regarding the Water Committee presentation (AB94 -264).
Sherilyn Wells: Spoke regarding the proposed resolution regarding the Growth
Management Act (AB94 -230). She entered four documents for the record, two regarding
the Growth Management Act resolution, one regarding Interim Growth Boundaries (AB94-
090), and one regarding the contract with Langabeer, Tull and Cuillier (AB94 -199).
Bill Thoms( ?), Birch Bay Drive: Spoke regarding the weight limit proposed for Birch
Bay Drive (AB94 -037).
Regular Council Minutes, 5/10/94, Page 1
Claudia Hollud, Birch Bay Drive: Spoke regarding the weight limit proposed for
Birch Bay Drive (AB94 -037).
Kim Hyatt: Spoke regarding water regulations (AB94 -264).
Patrick Allysey (sp ?), Birch Bay: Spoke regarding the proposed Birch Bay Drive
weight limit (AB94 -037).
Kathy Sutter, Bellingham: Spoke regarding the GMA resolution (AB94 -230).
Ruth Davis, Everson: Spoke regarding the Interim Urban Growth Boundaries
(AB94 -090).
Lesa Starkenburg, Lynden: Spoke regarding the proposed Mineral Resource Lands
ordinance (AB94 -247). Paperwork was distributed to Council.
Robin Buchan, Bellingham: Spoke regarding the Water Resources Education
Committee presentation (AB94 -264).
Rita Foley, Bellingham: Spoke regarding the Water Resources Education Committee
presentation (AB94 -264).
CONSENT AGENDA
(ITEMS 1 -5 SCHEDULED FOR FINANCE & PERSONNEL COMMITTEE)
1. REQUEST FOR AUTHORIZATION FOR THE COUNTY TO
PARTICIPATE IN TASK ORDERS NO. 1 AND NO. 2 AND PAYMENT
OF THE ATTENDANT FINANCIAL OBLIGATIONS OF INTERLOCAL
AGREEMENT NO. 9403002 (AB94 -118A)
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A CONTRACT FOR TEMPORARY HEARING EXAMINER
SERVICES WITH LANGABEER, TULL & CUILLIER FOR $6,000 (AB94-
199)
3. REQUEST FOR RELEASE OF THE HOLD ON THE HIRING OF THE
COMBINED COURT JURY ADMINISTRATOR AUTHORIZED IN THE
1994 BUDGET (AB94 -254)
4. REQUEST FOR AUTHORIZATION TO ENTER INTO ADDENDUM
NO. 1 TO AN AGREEMENT MADE JULY 7, 1989 WITH WEDEN
ENGINEERING, INC. FOR ENGINEERING SERVICES ON LRID NO.
10 PROJECT (AB94 -255)
5. BID AWARD RECOMMENDATION FOR JAIL COMMISSARY
SUPPLIES TO THE LOW BIDDER, LEE GROCERY COMPANY FOR
$35,219.66 (AB94 -256)
Starkenburg moved to approve of the consent agenda.
Regular Council Minutes, 5/10/94, Page 2
done.
Henderson requested that item 2 be withdrawn. Imhof confirmed that would be
Motion carried uannimously.
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A CONTRACT FOR TEMPORARY HEARING EXAMINER
SERVICES WITH LANGABEER, TULL & CLI .i.IF.R FOR $6,000 (AB94-
199)
Starkenburg explained that the Finance and Personnel Committee wanted item 2
withdrawn from the consent agenda. Hearing Examiner Ed Good addressed the issue.
Budget and Program Analyst Bob Woods commented, as did Civil Deputy Prosecutor Dan
Gibson.
Nelson moved to table the item and refer it to the Finance and Personnel Committee
on May 24.
Motion carried 6 -1 with Harris opposed.
PUBLIC HEARINGS
1. ORDINANCE CREATING A NO SHOOTING ZONE IN THE SOUTH
BAKER LAKE REGION (AB94 -128)
Imhof opened the hearing and the following persons spoke:
Russ Van Buren, Puget Power
Mark Carson, Puget Power
A.J. Gould, Lake Samish Drive
The hearing was closed.
Comments were made by County Sheriff Dale Brandland and County Prosecutor
Gibson.
Imhof moved to adopt the ordinance.
Motion carried 6 -1 with Imhof opposed.
2. 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)
Regular Council Minutes, 5/10/94, Page 3
Imhof opened the hearing and the following persons spoke:
Paul Holtzheimer, no address
The hearing was closed.
Brenner moved to adopt the ordinance.
Brenner moved to eliminate rural five acre districts from the proposed amendments.
Motion to amend carried unanimously.
Starkenburg moved to amend exhibit A.
The motion was withdrawn.
The motion to adopt the ordinance as amended carried 5 -2 with Henderson and
Harris opposed.
OTHER ITEMS (COUNCIL ACTION MAY BE TAKEN)
(ITEM 1 SCHEDULED FOR FINANCE & PERSONNEL COMMITTEE)
1. 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 moved to approve the bid award.
Motion carried unanimously. .
(ITEM 2 -3 SCHEDULED FOR PLANNING & DEVELOPMENT COMMITTEE)
2. ORDINANCE AMENDING THE WHATCOM COUNTY CODE TITLE
14, REQUIRING NOTIFICATION TO PURCHASER AND DEVELOPERS
OF PROPERTY ON OR WITHIN ON QUARTER MILE OF
DESIGNATED MINERAL RESOURCE LANDS (AB94 -247)
Nelson moved to adopt the ordiance.
Brenner moved to amend the ordinance to make it within 300 feet instead of within
a quarter mile. (Lines 18, 29 and 34 of page 55 in the Council packet, and wherever else
is appropriate.)
Regular Council Minutes, 5/10/94, Page 4
Starkenburg noted that for appearance of fairness reasons he would not be voting on
this matter. (Clerk's note: The Clerk did not call Starkenburg's name when roll was called
on the motion to adopt the ordinance; in all votes relating to this ordinance the minutes will
indicate that Starkenburg abstained, even when he did not, in fact, vote at all).
Motion to amend carried 4 -2 with Imhof and Dawson opposed and Starkenburg
abstaining.
Harris moved to amend the ordinance to have this apply only to new development
within a 300 foot area. He felt this could be accomplished by striking item number 1 on
page 55 of the Council packet.
Motion failed 5 -1 with Harris in favor and Starkenburg abstaining.
Henderson moved to strike words after 'occur" on line 35, page 55 of the packet.
Henderson withdrew his motion.
Motion to adopt the amended ordinance carried 5 -1 with Harris opposed and
Starkenburg abstaining.
3. RESOLUTION (SUBSTITUTE, AMENDED 4/26) REGARDING
COMPLIANCE WITH THE GROWTH MANAGEMENT ACT RCW
36.70A (AB94 -230)
Nelson moved to approve the resolution.
Nelson moved to amend the resolution by changing line 14 on the first page where
it says "addresses" by eliminating the comma and strike from "there" down to "with."
Motion carried 6 -1 with Dawson opposed.
Nelson moved to amend the resolution on line 26 where it says "by it" eliminate "it"
and insert "the Administration."
Motion to amend carried unanimously.
Motion to pass the resolution as amended carried unanimously.
(ITEM 4 SCHEDULED FOR PUBLIC SERVICES & SOLID WASTE COMMITTEE)
4. ORDINANCE ESTABLISHING A WEIGHT LIMIT ON BIRCH BAY
DRIVE (AB94 -037) (THIS ITEM ALSO IS SCHEDULED FOR
DISCUSSION BY THE PUBLIC SERVICES AND SOLID WASTE
Regular Council Minutes, 5/10/94, Page 5
COMMITTEE)
Brenner moved adoption of the ordinance.
Motion carried unanimously.
(ITEMS 5 -7 -- NO COMMITTEE ASSIGNMENT)
5. NOMINATION OF SOMEONE TO REPLACE LARRY HARRIS AS THE
PUBLIC SECTOR REPRESENTATIVE ON THE OPPORTUNITY
COUNCIL BOARD OF DIRECTORS (APPOINTMENT MAY BE MADE
AT THIS MEETING IF COUNCIL VOTES TO SUSPEND THE RULES)
(AB94 -238)
Brenner moved to table this matter and suggest that Harris work out a trade of
committee assignments with another Council Member.
Imhof accepted this without a vote of the Council and Harris agreed.
6. REQUEST FOR EXECUTIVE SESSION TO DISCUSS MEDIATOR'S
RECOMMENDED SETTLEMENT FOR SHERIFF'S DEPUTIES AND
CORRECTIONS OFFICERS (AB94-258) (THIS PORTION OF THE MEETING MAY TAKE PLACE
IN EXECUTIVE SESSION (CLOSED TO THE PUBLIC) PURSUANT TO RCW 42.30.140 (4), SO THE COUNCIL MAY
DISCUSS COLLECTIVE BARGAINING) (ANY ACTION ON THIS IISM WH.L TAKE PLACE IN OPEN SESSION)
7. REQUEST FOR EXECUTIVE SESSION TO DISCUSS CONTRACTS AND
ARBITRATION (AB94 -118A) (THIS PORTION OFTHE MEETING MAY TAKE PLACE IN EXECUTIVE
SESSION (CLOSED TO THE PUBLIC) PURSUANTTO RCW 42.30) (ANY ACIION ONTHIS rMd WILL TAKE PLACE
IN OPEN SESSION)
Brenner moved to go into Executive Session to discuss both matters.
Motion carried unanimously.
Imhof announced that the meeting would recess for 50 minutes while the Council
convened in Executive Session in the Committee Room. He added that any action would
be taken in open session at the conclusion of open session. The meeting recessed about
9:40 p.m.
The meeting reconvened at 10:40 p.m.
Imhof moved to authorize the Executive to enter into an agreement to increase
contract number 9402038 by $5,215.
Motion carried uanimously.
Regular Council Minutes, 5/10/94, Page 6
Imhof moved to authorize the Executive. to enter into an agreement to increase
contract number 9405003 by $15,000.
Motion carried unanimously.
INTRODUCTION ITEMS (COUNCIL ACTION WILL NOT BE TAKEN)
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. ALL PAPERWORK ON THESE
ITEMS IS ON FILE UNLESS INDICATED OTHERWISE.
1. ORDINANCE AMENDING WCC CHAPTER 8.28 TO PROVIDE FOR LITTER
CONTROL FROM VEHICLES USING COUNTY SOLID WASTE FACILITIES
(AB94 -260) (HEARING TO BE SCHEDULED)
2. ORDINANCE AMENDING THE 1994 BUDGET, REQUEST NO. 4 (AB94 -261)
(FINANCE) .
3. ORDINANCE ON ELIZA ISLAND (AB94 -263) (PLANNING)
Brenner moved to accept Items 1 through 3.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
THE NEXT COUNCIL MEETINGS WILL BEAT 7P.M. TUESDAYS, MAY 24 AND JUNE
7, 1994 IN THE COUNCIL CHAMBERS,311 GRAND AVENUE.
None.
Regular Council Minutes, 5/10/94, Page 7
ADJOURN
There being no further business, the meeting was adjourned about 11 p.m.
Respectfully submitted,
Ramona Reeves, Recording Secretary
These minutes were approved by the Council on August 9 , 1994.
ATTEST:
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Ramona Ree es, Clerk of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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Regular Council Minutes, 5/10/94, Page 8