HomeMy WebLinkAboutCouncil November 22 1994WHATCOM COUNTY COUNCIL
Regular Council Meeting
November 22, 1994
The meeting was called to order at 7 p.m. by Chair Robert Imhof in the
Council Chambers, 311 Grand Avenue.
Also Present:
Barbara Brenner
Alvin Starkenburg
Ward Nelson
Marlene Dawson
Ken Henderson
Larry Harris
ANNOUNCEMENTS
Imhof made the following announcements:
Absent:
None
-- The Pollution Liability Insurance Company (PLIC) has asked the Council
to confirm that the owners of Al and Carmen's Store, North Lake Samish, are carrying
out their part of the agreement as outlined in Resolution 92 -061.
Henderson moved to send confirmation to the PLIC.
Motion carried unanimously.
-- The Georgia Pacific appeal will not be discussed tonight. Decision on this
appeal is expected at the December 6 Council meeting.
-- The Black Rock Cable public hearing has already been held. This item
will be discussed at a later date.
-- The following item will be added under Introduction: Transportation
Services requests concurrence of approval of Change Order No. 1 to Whatcom County
contract No. 9409010 with JIJ Corporation to construct Horton Road Detention Facility.
OPEN SESSION
Imhof opened the public session and the following people spoke:
Regular Council Minutes, 11/22/94, Page 1
1 Tina Kotek, Bellingham: Human Rights Task Force Resolution (AB94 -532)
2 Betty Barney: Irrigation District (AB94 -273G)
3 Don Pleisure, Bennett Road: Tom Sutberry/Gail Kelley issue (AB94 -538)
4 Magee Matheson - Hanson: Irrigation District (AB94 -273G)
5 Cheryl Hershey: Gail Kelley issue, growth issues, government regulations
6 (AB94 -538; AB94 -090)
7 Henry Beckman, Deming: Property rights, taxes
8
9 The following people spoke to the proposed 1995 Whatcom County Budget:
10 (AB94 -538)
11
12 Skip Richards, Bellingham (budget cuts)
13 Bill Geyer, Bellingham (no new taxes)
14 Dr. Earl H. Hangelmaier (Health Department proposed budget)
15 Butch Edison, Ferndale (no new taxes)
16 Kenneth Gaas, Bellingham Pediatrician (Health Department proposed budget)
17 Roger Almskaar, Bellingham (creation of a "Legislative Analyst" position in the
18 County Council Office)
19 Geof Morgan, Bellingham (Best Self -Help Program)
20 Howard Anderson (no new taxes)
21 Bonnie Bergan, Whatcom County (Development Disabilities)
22 Jeannie Van Burron, Lynden (no new taxes)
23 Gail Patinal (sp ?) (no new taxes)
24 Keith Ahrens, Everson - Goshen Road (no new taxes)
25 Carl Allen (Developmental Disabilities)
26 Bob Rithe, Ferndale (no new taxes)
27 Don Strong (law enforcement)
28 Sherilyn Wells, 1020 Geneva (budget cuts in the Planning Department)
29 Robin Dexter (budget cuts)
30 Lloyd Austin (no new taxes)
31
32 CONSENT AGENDA
33
34 Starkenburg moved approval of the Consent Agenda.
35
36 Starkenburg moved to remove Items 1, 2 and 3 from the Consent Agenda.
37
38 Motion carried unanimously.
39
40 1. BID AWARD RECOMMENDATION TO CONSTRUCT SAND AND
41 SALT BUNKERS AT CENTRAL SHOP TO THE LOW BIDDER, T &
42 M CONSTRUCTION, FOR A TOTAL OF $41,050 (AB94 -574)
43
44
Regular Council Minutes, 11/22/94, Page 2
This item was pulled from the Consent Agenda. Starkenburg reported for
Finance and Personnel Committee, noting the dollar amount is now $54,244.96, with the
low bidder being Impero Construction Company.
Starkenburg moved to award job to low bidder Impero Construction Comapny for
$54,244.96.
Motion carried unanimously.
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
SIGN TASK ORDERS 3,4, AND 5 FROM THE NOOKSACK BASIN
WATER USERS' STEERING COMMITTEE (AB94 -118B)
Starkenburg reported for Finance and Personnel Committee, saying this was
forwarded to the Council without a recommendation. The Committee asked the Council
to discuss this item with an understanding that under Supplemental Budget
No. 11, the funds were appropriated, but there were items regarding this that the
Committee felt should be discussed on a broader scope.
Harris moved approval of the authorization of the Executive to sign Task Orders
3, 4 and 5.
Motion carried 6 -1 with Starkenburg opposed.
3. REQUEST FOR CONCURRENCE OF THE COUNCIL FOR THE
NOOKSACK BASIN WATER USERS' STEERING COMMITTEE TO
ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE
DEPARTMENT OF ECOLOGY (AB94 -118C)
Starkenburg reported for Finance and Personnel Committee, noting this was
brought forward to the Council without a recommendation.
Tom Anderson, 1744 Sapphire Trail, spoke.
Harris moved approval.
Brenner moved to amend the request to say that this Memorandum of Agreement
does not take away any authority from the County.
Brenner withdrew her amendment.
Motion carried unanimously.
Regular Council Minutes, 11/22/94, Page 3
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A CONTRACT WITH HALE AND ASSOCIATES ON
BEHALF OF THE HEALTH DEPARTMENT TO PRODUCE THE
HEALTH OF WHATCOM COUNTY REPORT, INSTALL DATA
ANALYSIS SOFTWARE AND TRAIN STAFF (AB94 -576)
5. REQUEST FOR A MOTION TO AUTHORIZE THE DIVISION OF
EMERGENCY MANAGEMENT TO RECEIVE GRANT MONIES
FROM THE WASHINGTON DEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC DEVELOPMENT (AB94 -577)
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AMENDMENT TO THE AGREEMENT FOR ONE-
TIME REVENUE SHARING WITH THE CITY OF LYNDEN TO
CORRECT A DEPARTMENT OF REVENUE ACTION FOLLOWING
EXECUTION OF THE ORIGINAL AGREEMENT (AB94 -578)
PUBLIC HEARINGS
1. 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 (AB94 -539)
Imhof opened the hearing.
Hearing no one, the hearing was closed.
This item was held until December 1, 1994.
2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
AND STATE PURPOSES IN WHATCOM COUNTY FOR 1995 (AB94-
541)
Imhof opened the hearing.
(Clerk's Note: A woman spoke here, but her name and testimony were not recorded
due to the necessity of changing the tape.)
Bob Woods, Council Budget /Program Analyst, gave a brief explanation of tax
dollar sources and their disbursement.
Regular Council Minutes, 11/22/94, Page 4
Keith Willnauer, County Assessor, explained property taxes and assessments.
Other speakers:
Ray Radke, Whatcom County
Sherilyn Wells, Bellingham
Henry Beckman, Deming
Lloyd Austin, Bellingham
The hearing was closed.
It was noted that this item will be acted on with the 1995 Budget, which is
scheduled for action December 1, 1994.
3. ORDINANCE AMENDING ORDINANCE 92 -001, MAKING
ADDITIONS AND GRANTING A NON - EXCLUSIVE FRANCHISE TO
BLACK ROCK CABLE, INC., TO OPERATE AND MAINTAIN A
CABLE COMMUNICATION SYSTEM WITHIN SPECIFIED AREAS
OF WHATCOM COUNTY (AB94 -520) (FROM 11/8)
This item was pulled from the agenda and will be discussed on December 13.
4. ORDINANCE ESTABLISHING PARKING CONTROL ON WEST SMITH
ROAD (AB94 -566)
Engineering Division Head Ed Henken gave background information on this item.
Imhof opened the hearing.
Hearing no one, the hearing was closed.
Henderson moved adoption of the ordinance.
Motion carried unanimously.
OTHER ITEMS
1. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'S
DECISION ON GEORGIA PACIFIC LANDFILL (CUP90 -73), FILED
BY GEORGIA PACIFIC CORPORATION (AB94 -471) (HELD OVER
FROM 11/8)
This item was pulled from the agenda and will be discussed on December 6.
Regular Council Minutes, 11/22/94, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
2. ORDINANCE INCREASING THE HEALTH DEPARTMENT PETTY
CASH FUND FROM $500 TO $1,000 (AB94 -565)
Starkenburg moved adoption of the ordinance.
Motion carried unanimously.
3. RESOLUTION ADOPTING A SALARY SCHEDULE FOR THE
UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE
YEAR 1995 (AB94 -542)
This item will be scheduled for discussion and possible action on December 1.
4. ORDINANCE ADOPTING THE 1995 BUDGET FOR WHATCOM COUNTY
(AB94 -538)
This item will be scheduled for discussion and possible action on December 1.
5. ORDINANCE ADOPTING THE 1995 UNIFIED FEE SCHEDULE (AB94 -540)
This item will be scheduled for discussion and possible action on December 1.
6. RESOLUTION ADOPTING THE 1995 SIX -YEAR PHYSICAL PLANT
AND FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS
AND FACILITIES FOR WHATCOM COUNTY, WASHINGTON
(AB94 -543)
This item will be scheduled for discussion and possible action on December 1.
7. NEW APPOINTMENT OF RITA WANG TO THE NORTHWEST
SENIOR SERVICES BOARD TO A FIRST FULL TERM TO RUN
FROM 7/1/94 TO 6/30/97 (AB94 -579)
Nelson moved approval of the appointment of Rita Wang to the Northwest Senior
Services Board.
Motion carried unanimously.
8. REFERRAL OF A PROPOSED ORDINANCE (REMOVING LOT
CONSOLIDATION REQUIREMENTS FROM T= 20) TO THE
PLANNING COMMISSION AND PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT (AB94 -516A)
Regular Council Minutes, 11/22/94, Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Held in Committee. This item will be discussed in Planning and Development
Committee on December 13.
9. RESOLUTION ACCEPTING IRRIGATION DISTRICT ELECTION
BALLOTS THAT HAVE BEEN SIGNED BUT NOT WITNESSED
(AB94 -273G)
Brenner moved approval of the resolution .
Motion carried unanimously.
INTRODUCTION ITEMS
Starkenburg moved to accept the Introduction Items, including the addition of
No. 8 as announced at the beginning of the meeting.
Motion carried unanimously.
1. RECEIPT OF ADMINISTRATIVE APPEAL, APL93 -007, FILED BY
MARLO HOLLANDER (AB94 -455)
2. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 12 (AB94-
580)
3. ORDINANCE AMENDING SEWAGE CONTROL RULES AND
REGULATIONS (AB94 -581) (HEARING TO BE SCHEDULED)
4. ORDINANCE ADOPTING THE WHATCOM COUNTY CRITICAL
AREAS REGULATIONS TO COMPLY WITH THE WASHINGTON
STATE GROWTH MANAGEMENT ACT (AB94 -548A)
5. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.32 AND
2.75, TRANSFERRING SOLID WASTE RESPONSIBILITIES TO THE
TRANSPORTATION SERVICES DEPARTMENT (AB94 -575)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.01,
REGARDING THE ADMINISTRATIVE DUTIES OF THE HEALTH
OFFICER (AB94 -573)
7. ORDINANCE AMENDING ORDINANCE 94 -067 (THE
STORTEBOOM CONTRACT REZONE) (AB94 -547A)
Regular Council Minutes, 11/22/94, Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
W
Cascadia (AB94 -485): Henderson briefly reported on a meeting he attended.
The meeting was adjourned at 9:25 p.m.
These minutes were approved by the Council on FehrLaY�, 28 , 1994.
ATTEST:
24
25
26 eves, - of the Council
27
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
4�)4:;LL
Robert Imhof, Chair
Regular Council Minutes, 11/22/94, Page 8