HomeMy WebLinkAboutCouncil October 11 19941 WHATCOM COUNTY COUNCIL
2 Regular Council Meeting
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4 October 11, 1994
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6 The meeting was called to order at 7 p.m. by Chair Robert Imhof in the Council
7 Chambers, 311 Grand Avenue.
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9 Also Present: Absent:
10 Larry Harris None
11 Marlene Dawson
12 Ward Nelson
13 Barbara Brenner
14 Alvin Starkenburg
15 Ken Henderson
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17 Imhof reported that a joint Planning Commission and County Council public
18 hearing will be held on Wednesday, October 26, at 7 p.m. in the Council Chambers to
19 discuss the referendum version of the Critical Areas Ordinance. If necessary, an
20 additional meeting will be held on Wednesday, November 9, same time and place.
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22 SPECIAL PRESENTATION
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24 REPORT AND RECOMMENDATIONS FROM THE JOBS BASED
25 ECONOMY COMMITTEE AND RECOGNITION OF COMMITTEE
26 MEMBERS (AB94 -156B)
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28 Jobs Based Economy Committee Chairman Art Anderson introduced the
29 members of the Jobs Based Economy Committee. The members included Dave Bell,
30 Peter Cutbill, Fred Haskell, Jerry Hunter, Wendy Ripley, and Bob Wiesen (not all
31 members were in attendance). Mr. Anderson reported on the recommendations of the
32 Committee. The Committee has agreed to reconvene in the future if needed.
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34 Nelson thanked the Committee on behalf of the Council. He also stated that the
35 recommendations of the Committee should be used in the Growth Management Plans
36 for Whatcom County.
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38 Starkenburg asked if the document would be available for other departments to
39 use as a reminder of what's needed.
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41 Brenner asked if the Committee could be persuaded to meet on a regular basis a
42 few times a year to keep the County's "feet to the fire" on this issue.
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Regular Council Minutes, 10/11/94, Page 1
1 Henderson stated that he and several of the Council members are attending
2 management meetings with the department heads and other elected officials. These
3 recommendations will be able to be used to define the management concept for the
4 County, as well as everyday departmental operational use.
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6 Imhof presented certificates of thanks /appreciation to all present Committee
7 members.
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9 OPEN SESSION
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11 Imhof opened the open session, and the following spoke:
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13 Sherilyn Wells, Bellingham: United States Day Resolution (AB94 -495),
14 Ordinance Amending Title 21 regarding plat approvals (AB94 -307)
15 Maureen Heaton, Bellingham: United States Day Resolution (AB94 -495)
16 Kim Gates, Kelly Rd.: Everson Goshen Road /Kelly Road intersection concerns
17 Dyan Mosteller, Kelly Road: Everson Goshen Road /Kelly Road intersection
18 concerns
19 Gary Seat, Bellingham: Flow Control
20 Joan Kennedy: Everson Goshen Road /Kelly Road intersection concerns
21 Kristy McClellum: Everson Goshen Road /Kelly Road intersection concerns.
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23 The open session was closed.
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25 CONSENT AGENDA
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27 1. RECEIPT OF REPORT ON COURTHOUSE CONSTRUCTION COSTS
28 (PREPARED BY BOB WOODS; ACCEPTANCE OF REPORT ONLY,
29 NO ACTION NEEDED) (AB94 -115F)
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31 The report was received.
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33 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
34 ENTER INTO A CONTRACT WITH ST. JOSEPH RECOVERY
35 CENTER FOR $75,215 FOR SUBSTANCE ABUSE TREATMENT AND
36 PREVENTION (AB94 -517)
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38 3. BID AWARD RECOMMENDATION TO ESTABLISH JAIL FOOD
39 SERVICE SUPPLIERS FOR NOVEMBER 1, 1994 TO OCTOBER 31,
40 1995 AS FOLLOWS: (AB94 -518)
41 *FRESH FRUITS AND VEGETABLES (AWARD TO
42 MULTIPLE VENDORS): FOOD SERVICES OF AMERICA, FOOD
43 SERVICES, INC., KRAFT FOOD SERVICE, RYKOFF - SEXTON AND
44 SYSCO FOOD SERVICE OF SEATTLE
Regular Council Minutes, 10/11/94, Page 2
*DAIRY PRODUCTS: AWARD BID TO THE LOW BIDDER,
DAIRY DISTRIBUTING INC., AT AN ESTIMATED ANNUAL COST
OF $20,932.00
*BREADS: AWARD BID TO THE LOW BIDDER,
CONTINENTAL BAKING CO., AT AN ESTIMATED ANNUAL COST
OF $14,430.14
•GROCERIES AND SUPPLIES: AWARD BID TO THE LOW
BIDDER, FOOD SERVICES, INC., AT AN ESTIMATED ANNUAL
COST OF $59,072.20
4. REQUEST FOR APPROVAL OF INCREASE IN CONTRACT LIMIT
FOR PRO TEM HEARING EXAMINER SERVICES AND WAIVER
OF BID TO PATRICK GALLERY FOR UP TO $12,000 AND
AUTHORIZATION FOR THE EXECUTIVE TO SIGN CONTRACT
(AB94 -519)
Starkenburg moved to accept the Consent Agenda items.
Starkenburg moved to withdraw Item number 2 from the Consent Agenda.
Items 3 and 4 were unanimously approved as presented.
Item 2: Nelson reiterated concerns of the Finance and Personnel Committee and
stated that this item will include the geographic designation of service areas, such as city,
town, or local county area. This is so we can have some hard data.
Starkenburg moved approval of Item 2 with Nelson's condition.
Motion carried unanimously.
PUBLIC HEARINGS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION
12.20, REGARDING ROAD VACATION PETITIONS (AB94 -098)
The hearing was opened.
Hearing no one, Imhof closed the public hearing.
Harris moved adoption of the ordinance.
Motion carried unanimously.
Regular Council Minutes, 10/11/94, Page 3
2. ORDINANCE GRANTING A NON- EXCLUSIVE FRANCHISE TO
THE CITY OF FERNDALE FOR A PERIOD OF 15 YEARS TO
OPERATE AND MAINTAIN WATER MAINS AND WATER
DISTRIBUTION LINES ALONG CERTAIN COUNTY ROADS (AB94-
410)
Transportation Services Director Jeff Monsen gave some background information
on this item.
The hearing was opened.
Hearing no one, Imhof closed the public hearing.
Dawson moved adoption of the ordinance.
Motion carried unanimously.
3. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO Y-
SQUALICUM LAKE WATER ASSOCIATION, INC., FOR A PERIOD
OF 15 YEARS TO OPERATE AND MAINTAIN WATER MAINS AND
WATER DISTRIBUTION LINES ALONG CERTAIN COUNTY
ROADS (AB94 -412)
Transportation Services Director Jeff Monsen gave some background information
on this item.
The hearing was opened.
Hearing no one, Imhof closed the public hearing.
Dawson moved adoption of the ordinance.
Motion carried unanimously.
4. ORDINANCE REGARDING ESTABLISHING SPEED LIMIT ON
EAST SMITH ROAD (AB94 -502)
Transportation Services Director Jeff Monsen gave some background information
on this item.
The hearing was opened.
Hearing no one, Imhof closed the public hearing.
Regular Council Minutes, 10/11/94, Page 4
Brenner moved adoption of the ordinance.
Motion carried unanimously.
OTHER ITEMS
1. ORDINANCE REQUIRING JURISDICTION NOTICE ON ENTERING
RESERVATION LANDS (AB94 -423) (FROM 9/27)
This item was held in Planning and Development Committee.
2. RESOLUTION DECLARING POLICY REGARDING
JURISDICTIONAL RIGHTS BETWEEN WHATCOM COUNTY AND
THE LUMMI NATION (AB94 -390) (AMENDED)
Nelson reported for Planning and Development Committee and asked Dawson to
state proposed amendments.
Nelson moved approval of the resolution.
Dawson moved that on page one of the resolution, line 21, be amended to read
�� :•i:� ; {4:;:4ii`v[ ?}'. ::.'::.ii }Y: ti }iii:•: �I
Henderson moved to table the resolution until the October 25 meeting.
Motion failed 2 -5 with Henderson and Harris in favor.
Brenner moved to table the resolution until the October 25 meeting.
Motion carried 6 -1 with Dawson opposed.
3. ORDINANCE AMENDING TITLE 21 REGARDING PLAT
APPROVALS (AB94 -307) (FROM 9/27)
follow:
Nelson moved adoption of the Ordinance.
Nelson moved to amend the ordinance. The proposed amendments and votes
On page 99 of the packet, section B, line 6: delete the words "of three (3)
years ".
Motion carried unanimously.
Regular Council Minutes, 10/11/94, Page 5
On page 99 of the packet, section B, line 8: Change wording as follows:
Aln�nal�"nr-y and
........................... ...............................
Motion carried 5 -2 with Henderson and Harris opposed.
Harris moved to table the ordinance until October 25.
Motion carried 5 -2 with Nelson and Dawson opposed.
4. DISCUSSION OF REPORT BY STAFF ON RESOLUTION
CLARIFYING THE INTENT OF FLOW CONTROL (AB94 -223C)
Planning and Development Services Manager Nate Brown gave some background
information on this item. He clarified the basic premise of the resolution.
Solid Waste Manager Bob Jurica asked for clarification on questions regarding
competition, cost containment, and enhancement of new technologies.
Brown recognized the hard work of Bob Jurica.
5. PETITION FOR THE VACATION OF A PORTION OF VALLETTE
STREET, FILED BY STEPHEN P. KEMPSTON AND JULIE A.
NICHOLSON (AB94 -200) (FROM 9/27)
This item was held in Committee.
6. RESOLUTION PROCLAIMING OCTOBER 23, 1994 AS UNITED
STATES DAY (AB94 -495) (FROM 9/27)
Nelson moved approval of the resolution.
Henderson moved to table indefinitely.
Motion carried 6 -1 with Nelson opposed.
7. ORDINANCE REGARDING PARKING CONTROL ON NORTHWEST
DRIVE AND WEST SMITH ROAD (AB94 -405) (FROM 8/9/94
COUNCIL MEETING)
Brenner moved approval of the ordinance.
Motion carried unanimously.
Regular Council Minutes, 10/11/94, Page 6
8. RESOLUTION ON PROCEDURE FOR FORMATION OF ROAD
IMPROVEMENT DISTRICTS (AB94 -336A) (REVISED VERSION OF
RESOLUTION TABLED BY COUNCIL 7/94)
Transportation Services Director Jeff Monsen gave some background information
on this item.
Brenner moved approval of the resolution.
Motion carried unanimously.
9. RESOLUTION REGARDING RESPONSIBILITY FOR THE
CONTRACT WITH PAUL RUSHING FOR OVERSEEING THE
COMPLETION OF THE WHATCOM COUNTY COURTHOUSE
(AB94 -115G)
Nelson withdrew the resolution and reported that a new resolution would be
coming forward at a later date.
INTRODUCTION ITEMS
1. 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) (HEARING TO BE
SCHEDULED)
2. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 10 (AB94-
521) (FINANCE)
Nelson moved to accept the Introduction Items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Budget hearing schedule: all Council members were invited to attend.
Starkenburg reported on discussion with Internal Auditor Kim Herrenkohl in the
Finance Committee.
Flood Control Zone Advisory Committee meeting on Wednesday, October 12,
7 p.m. at Nooksack Jr. High.
Regular Council Minutes, 10/11/94, Page 7
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In Drayton Harbor and in the south area, the shellfish beds are in the process of
being down graded, and the county's responsibility is to come up, within 180 days, with a
Shellfish Protection Plan. A representative from the Department of Ecology will be here
to discuss funding mechanisms under Shellfish Protection Districts, which will take place
either on the last Tuesday of November or the first Tuesday of December. Imhof
suggested perhaps a Water Resource Committee meeting the first Tuesday in December.
Henderson moved to have the staff draft a resolution voicing our object to the
Federal Government on the county being forced to duplicate effort on collection of data
related to water and ask for policy decision by departments or Congress directing the
sharing of public documents in such cases.
Brenner moved to add to his motion that objection is made to the Federal
Government - -if federal negotiation is necessary-- acting as negotiator and also acting as
advocate for the Tribes. Henderson replied the county does have a choice in this matter.
Motion carried unanimously for Henderson's motion.
Brenner held her motion.
Bob Woods, Liaison Facilitator for the Charter Review Commission, held a
meeting with the candidates. One of the candidates had a concern regarding the
relationship among Bob Woods, the Council and the Commission. Bob stated he told
the candidates he would not share any confidential information with the Council.
Imhof restated the public hearing dates regarding the joint Critical Areas
Ordinance on October 26 and, if necessary, November 9, at 7 p.m. in the Chambers.
Dawson received a copy of a letter from Senator Gorton, who is following up on
the petitions regarding portage.
"-� D a
There being no further business, the meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Dana S R4 9ecretal
Regular Council Minutes, 10/11/94, Page 8
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These minutes were approved by the Council on December 6 , 1994.
ATTEST:
7K
Ramona Reeves, Cler o Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
jai
R bet 1mg6f, ClIair
Regular Council Minutes, 10/11/94, Page 9