HomeMy WebLinkAboutCouncil February 14 19953
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
February 14, 1995
The meeting was called to order at 7:10 p.m. by Chair Bob Imhof in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Ken Henderson None
Larry Harris
Ward Nelson
Marlene Dawson
Barbara Brenner
Alvin Starkenburg
ANNOUNCEMENTS
Criminal Justice Funding (AB95 -109): The Chair discussed the possibility of
sending a letter in support of HB 5329 regarding city /county fees for criminal justice
system.
Imhof moved to authorize the Chair to draft and send a letter in support of
HB 5329.
Motion carried unanimously.
(Clerk's Note: Council Member Imhof referred in the meeting to House Bill 5329
Following the meeting he informed the Clerk that he had spoken in error and should have
referred to Senate Bill 5329.)
Critical Areas Ordinance (AB94- 548B): A second workshop meeting was
scheduled (Committee of the Whole) for the Critical Areas Ordinance, which will be
,held Tuesday, February 21, from 11:30 a.m. to 1:30 p.m.
Compost Regulations (AB94 -281): Imhof suggested that the Health Department
Advisory Board examine the compost regulations. Harris said that item had been
scheduled for the Advisory Committee meeting on Wednesday, February 15.
SPECIAL PRESENTATION
SPECIAL PRESENTATION BY SUE PARROTT, CRISIS SERVICES
DOMESTIC VIOLENCE COORDINATOR (AB95 -103) (20 MINUTES)
Regular Council Minutes, 2/14/95, Page 1
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Sue Parrott spoke briefly to the Council about the various programs operated by
the Crisis Services Center. Three volunteers made comments about the services they
provide: Dorlene Root, Domestic Violence Program; Lisa Pares, Sexual Assault Rape
Relief Advocate; and Neil Holmes, who answers their telephone.
OPEN SESSION
The following persons spoke:
Bill Griffith, Seymour Place, Point Roberts: Taxation concerns (AB94 -533)
(distributed paperwork)
Bob Anderson, Bellingham: Opportunity Council Contract (AB95 -050)
(distributed paperwork)
Mary Hanson: Opportunity Council Contract (AB95 -050)
Roy Giles, 5385 Shields Road: Opportunity Council Contract (AB95 -050)
Rebecca Johnson, Bellingham: Opportunity Council Contract (AB95 -050)
(distributed paperwork)
Ann Skupniewitz- Maroney, 326 Highway 9: Opportunity Council Contract (AB95-
050)
Ann Suloway, 2121 J Street: Opportunity Council Contract (AB95 -050)
Mary Snyder, Central Road: Opportunity Council Contract (AB95 -050)
Bill Geyer, Bellingham: Opportunity Council Contract (AB95 -050)
Chuck Denner (sp ?), Soccer Commission representative: Opportunity Council
Contract (AB95 -050)
SPECIAL ORDER OF BUSINESS
Imhof noted that an item had been brought to the Council's attention shortly
before the meeting began, which was a request from Civil Deputy Prosecutor Randy
Watts to discuss pending litigation in executive session.
Henderson discussed his views on the Opportunity Council Contract.
Henderson moved to go into executive session as requested by Randy Watts.
Motion carried 6 -1 with Dawson opposed.
The Council recessed the regular meeting at 8:20 p.m. and convened in executive
session in the Council Committee Room.
The meeting reconvened at 8:28 p.m.
Imhof moved to allow county attorneys to defend their employees.
Regular Council Minutes, 2/14/95, Page 2
1 Motion carried unanimously.
i
3 Responding to a question of procedure, Dan Gibson, Council's counsel, noted it
4 would preferable to refer to particular litigation unless reference to the litigation would
5 compromise the Council in some way. The particular litigation referred to was Columbia
6 Aggregate filing suit against the County Executive and the Newsstand suit filed by
7 Prosecutor Dave McEachran.
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9 CONSENT AGENDA
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11 Starkenburg moved approval of the Consent Agenda. He requested adding #2
12 from 'other items ", making it #1a and making #1 #1b.
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14 Starkenburg stated corrections on the agenda bill for #1b and #2 regarding the
15 language, which would be reversed. The language in the packet is correct, however.
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17 Starkenburg moved to remove Items 10, 11 and 13. Brenner requested item 9,
18 and Henderson requested item 8 be removed.
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20 Motion carried unanimously.
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22 1a. RESOLUTION DIRECTING THE AUDITOR TO ADVERTISE A
23 CALL FOR BIDS FOR THE COUNTY'S OFFICIAL NEWSPAPER
4 (AB95 -072)
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26 1b. BID AWARD FOR THREE 1/2 TON EXTENDED CAB PICKUP
27 TRUCKS FOR $52,266.96
28 (AB95 -077)
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30 2. BID AWARD FOR THREE 3/4 TON PICKUP TRUCKS FOR
31 $54,842.20 (AB95 -078)
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33 3. REQUEST FOR APPROVAL TO PURCHASE A NEW LOADER FOR
34 $123,794 PLUS TAX THROUGH A THURSTON COUNTY BID (AB95-
35 081)
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37 4. REQUEST FOR APPROVAL TO PURCHASE TRAFFIC LINE PAINT
38 FROM MORTON INTERNATIONAL THROUGH STATE CONTRACT
39 FOR APPROXIMATELY $174,135 AND GLASS BEADS FROM OK
40 BEADS FOR APPROXIMATELY $38,000 (AB95 -082)
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42 5. REQUEST TO APPROVE CHANGE ORDER FOR THE REMOVAL
43 OF UNDERGROUND STORAGE TANKS AND DISPOSAL OF
44 CONTAMINATED SOIL (PROJECT NO. GI -02) (AB95 -083)
Regular Council Minutes, 2/14/95, Page 3
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6. REQUEST FOR AUTHORIZATION TO ACCEPT A $50,000 GRANT
FROM THE STATE INTERAGENCY COMMITTEE FOR OUTDOOR
RECREATION TO DEVELOP CHUCKANUT MOUNTAIN MASTER
TRAIL PLAN (AB95 -084)
7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT TO PURCHASE 11 + ACRES OF
PROPERTY FROM GEORGIA PACIFIC WEST, INC. FOR $5,000.
(AB95 -085)
8. REQUEST FOR MOTION APPOINTING RANDALL J. WATTS AS
WHATCOM COUNTY'S DIRECTOR ON THE WASHINGTON
COUNTIES RISK POOL BOARD OF DIRECTORS (AB95 -086)
Henderson moved to amend the motion that Randy Watts would be appointed as
Whatcom County's alternate on the Board for Whatcom County Risk Pool Board of
Directors.
Brenner moved to amend the motion that the Executive Pro Tem be the
alternative to the Executive.
(Clerk's Note: Brenner's motion was ignored)
Starkenburg moved to approve Randall J. Watts as the Alternate Director to the
Washington Counties Risk Pool Board of Directors.
Motion carried 5 -2 with Brenner and Dawson opposed.
9. REQUEST FOR MOTION APPOINTING MARCIA GUNNING,
MENTAL HEALTH PROGRAM COORDINATOR, AS THE COUNTY
EXECUTIVE'S ALTERNATE ON THE NORTH SOUND REGIONAL
SUPPORT NETWORK BOARD OF DIRECTORS (AB95 -087)
Brenner moved to appoint the Executive Pro Tem or other elected designee to
serve as the County Executive's alternate on the North Sound Regional Support Network
Board of Directors.
Motion failed 1-6 with Brenner in favor.
Imhof moved approval of agenda item number 9 as written.
Motion carried 6 -1 with Brenner opposed.
Regular Council Minutes, 2/14/95, Page 4
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10. RESOLUTION AUTHORIZING THE ISSUANCE OF SHORT TERM
OBLIGATIONS (AB95 -088)
Starkenburg reported that the Treasurer's Office submitted a substitute resolution
at the Finance and Administrative Services Committee. He read the change to the
original resolution on line 27.
Starkenburg moved acceptance and approval of the substitute resolution.
Motion carried unanimously.
11. RESOLUTION SETTING THE HEARING AND NOTICE OF
HEARING ON THE SALE OF COUNTY -OWNED PROPERTY,
REQUEST #95 -2 (AB95 -089)
Starkenburg reported that this item was pulled from the Consent Agenda because
the Finance and Administrative Services Committee wished clarification of certain
points. The information was received as requested.
Starkenburg moved to approve the resolution.
Motion carried unanimously.
12. RESOLUTION SETTING THE HEARING AND NOTICE OF
HEARING ON THE SALE OF COUNTY -OWNED PROPERTY,
REQUEST #95 -3 (AB95 -090)
13. WHATCOM COUNTY'S PROPERTY INSURANCE RENEWAL (AB95 -102)
Starkenburg said this item was pulled because some insurance information was
not made available fore review. Since the meeting, Finance and Administrative Services
Committee members were provided with the information required.
Starkenburg moved to approve this item.
Motion carried unanimously.
14. BID AWARD FOR THREE 4 X 4 SPECIAL PURPOSE UTMM VEHICLES
(AB95 -104)
OTHER ITEMS
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH RECOMP OF
Regular Council Minutes, 2/14/95, Page 5
1 WASHINGTON, INC. TO ACCEPT A THREE -YEAR GRANT
(APPROXIMATELY $50,000 PER YEAR) TO FUND ONE HALF -
3 TIME EQUIVALENT POSITION IN THE HEALTH DEPARTMENT
4 TO DESIGN AND IMPLEMENT A PROGRAM TO IMPROVE
5 PACKAGING OF MEDICAL WASTE GENERATED IN THE
6 COUNTY (AB95 -044)
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8 Starkenburg reported for Finance and Administrative Services Committee.
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10 This item was held in Committee.
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12 2. RESOLUTION DIRECTING THE AUDITOR TO ADVERTISE A CALL FOR
13 BIDS FOR THE COUNTY'S OFFICIAL NEWSPAPER (AB95 -072)
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15 See "Consent Agenda ".
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17 3. RESOLUTION IN CONCEPT FOR LEASE OF COUNTY -OWNED
18 PROPERTY FOR SITING OF LOW -INCOME HOUSING, AND
19. DIRECTION TO COUNTY EXECUTIVE TO ENTER INTO
20 NEGOTIATIONS WITH THE OPPORTUNITY COUNCIL FOR LONG -
21 TERM LEASE OF PROPERTY FOR SUCH PROJECT (AB95 -050)
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23 Nelson reported for Planning and Development Committee.
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25 Dawson moved that the County shall adopt a policy of entering agreements with
26 non - profits to lease County land for low- income housing.
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28 Motion failed 3-4 with Starkenburg, Brenner, Imhof and Nelson opposed.
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30 Brenner moved that the County shall adopt a policy of entering into agreements
31 with non - profit organizations to help provide for low income housing.
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33 Imhof said if this motion carries, special meetings will be set up with non - profit
34 organization and administrative officials to form a policy.
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36 Harris asked to amend the motion by adding the language, "which might include
37 leasing ". Brenner opposed this change, and it was not included.
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39 Motion carried unanimously.
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41 Nelson and Brenner agreed to work on a list of agencies to be invited to
42 participate. No meeting date was set.
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Regular Council Minutes, 2/14/95, Page 6
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4. RESOLUTION REGARDING POLICY ON TRANSFER OF FEE -
TITLE LANDS TO FEDERAL TRIBAL TRUST STATUS (AB95 -080)
Nelson and Dawson reported for Planning and Development Committee, which
recommended approval.
Dawson moved approval of the resolution.
Imhof moved to amend the resolution that the word "directed" be changed to
"requested" in line 21.
Motion to amend carried unanimously.
Motion carried unanimously.
Henderson and other Council members requested the Chair to ask Gibson to
provide, in writing, advice as to whether the Executive may be directed by Council to do
anything. The Chair said he would forward such a request to Gibson.
5. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN
SPACE /OPEN SPACE APPLICATIONS (AB95 -035)
Nelson reported for Planning and Development Committee, which recommended
approval.
Nelson moved approval of the Resolution.
Motion carried unanimously.
6. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
APPROVAL OF A PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT APPLICATION, FILED BY RON KILMER FOR
"ANCHOR MANOR" (PUD 94 -0001 AND PLS 94 -001) (AB95 -038)
Nelson reported for Planning and Development Committee, which recommended
approval.
Nelson moved approval of the recommendation.
Motion carried unanimously.
7. PETITION FOR THE VACATION OF A PORTION OF COUNTY
ROAD #385, FILED BY MICHAEL R. WHITFIELD, ET. AL (AB94-
582)
Regular Council Minutes, 2/14/95, Page 7
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Brenner reported for Public Works and Capital Projects Committee.
This item was held in Committee.
8. ORDINANCE AMENDING WCC 2.03 (PLANNING COMMISSION
APPOINTMENT PROCESS) (AB95 -031)
Imhof moved adoption of the ordinance. He noted that this change would be
recommended to the Charter Review Commission as well.
Motion carried unanimously.
9. CONTINUATION OF ANNUAL APPOINTMENTS BY COUNCIL TO
FILL VARIOUS VACANCIES ON BOARDS, COMMISSIONS AND
COMMITTEES (AB94 -587B)
Sewage Control Appeals Board
Imhof opened the nominations.
Brenner nominated Del Livermore.
Harris moved to close the nominations.
Motion carried unanimously.
Nelson moved to approve the appointment of Livermore by acclamation.
Motion carried unanimously.
10. DISCUSSION OF SOIL WASTE ISSUES AND PROGRAMS (AB95 -068)
Jeff Monsen, Public Works, requested direction from the Council regarding the
immediate filling of two (2) (full time employees) FTEs; schedule a work session to
begin resolution of Solid Waste Plan and Flow Control Ordinance uncertainties; and
confirmation that a two year program review and implementation process is desirable.
Imhof moved to approve Item 3 confirming a two -year cycle.
Motion carried unanimously.
Imhof moved for approval of Item 2 to schedule a work session.
Regular Council Minutes, 2/14/95, Page 8
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Brenner moved to amend by confirming the completion of the disposal
agreements and designations as a priority.
Motion to amend failed 5 -3 with Nelson, Brenner and Henderson in favor.
Motion carried 6 -1 with Brenner opposed.
Imhof moved for approval of the two FTEs.
Brenner moved to amend by reducing the FTEs to one.
Motion failed 1 -6 with Brenner in favor.
Starkenburg moved to amend by reducing the FTEs to one and one -half.
Motion carried 5 -2 with Henderson and Harris opposed.
(Clerk's Note: No vote was taken on the main motion as amended)
INTRODUCTION ITEMS
1. ORDINANCE. AUTHORIZING AN INCREASE IN THE COUNTY
CLERK'S CASH DRAWER /CHANGE FUND (AB95 -092)
2. ORDINANCE TO AMEND WHATCOM COUNTY CODE 10.04.130
REDUCED SPEED WHERE MEN WORKING (AB95 -093) (HEARING
TO BE SCHEDULED)
3. ORDINANCE REGARDING REVISING THE SPEED LIMIT ON SLATER
ROAD (AB95 -094) (HEARING TO BE SCHEDULED)
4. ORDINANCE INSTALLING A STOP SIGN SOUTHBOUND ON
CYPRESS DRIVE AT BEi T .ATRE WAY, WITHIN SECTION 27,
TOWNSHIP 39 NORTH, RANGE 2 EAST, W.M. (AB95 -095)
(HEARING TO BE SCHEDULED)
5. ORDINANCE TO AMEND THE TEXT OF TPTLE 20, THE OFFICIAL
WHATCOM COUNTY CODE, CHAPTER 20.67, GENERAL
MANUFACTURING DISTRICT, TO ADD EATING
ESTABLISHMENTS, CONVENIENCE GROCERY STORES, VEHICLE
WASHES, ETC., AS PERMITTED USES SUBJECT' TO CERTAIN
LIMITATIONS (AB95 -096)
Regular Council Minutes, 2/14/95, Page 9
1 6. ORDINANCE AMENDING TITLE 20, THE OFFICIAL WHATCOM
COUNTY CODE, SECTION 20.20 TO ALLOW LIMITED LIGHT
3 INDUSTRIAL USES IN AREAS .ZONED URBAN RESIDENTIAL
4 WITHIN THE FOOTHILLS, SOUTH FORK SUBAREAS, SUBJECT TO
5 CONDITIONS (AB95 -097)
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7 7. ORDINANCE CONVERTING ACCESSORY DWELLINGS FROM
8 CONDITIONAL USES TO ADMINISTRATIVE APPROVAL USES,
9 MODIFYING THE REQUIREMENTS FOR LAKE WHATCOM AND
10 LUMMI ISLAND, CREATING AN ADMINISTRATIVE APPROVAL
11 SECTION FOR THE RESORT- COMMERCIAL ZONE, AND
12 MODIFYING THE REQUIREMENTS OF ADMINISTRATIVE
13 APPROVALS (AB95 -098)
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15 8. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 1 (AB95-
16 099)
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18 9. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
19 PROPERTY, REQUEST 95 -2 (AB95 -089A) (HEARING TO BE SCHEDULED)
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21 10. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
22 PROPERTY, WITHOUT BIDS, REQUEST 95 -3 (AB95 -090A)
23 (HEARING TO BE SCHEDULED)
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1.5 11. ORDINANCE REGARDING ETHICS AND CONFLICT OF INTEREST
26 RULES AND PROCEDURES FOR BOARDS AND COMMISSIONS
27 (AB95 -079) (BEING DISCUSSED IN PUBLIC WORKS AND CAPITAL
28 PROJECTS COMMITTEE 2114, INTRODUCED ON FULL COUNCIL
29 AGENDA 2114, FOR COUNCIL ACTION 2128)
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31 Brenner moved to accept the Introduction Items as presented.
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33 Motion carried unanimously.
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35 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
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37 Cross Border Fee (AB95 -108): Henderson stated the Council of Governments,
38 Chamber of Commerce and the City of Blaine are opposed to this and have passed
39 resolutions stating their position.
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41 Henderson moved for the Chair to draft a letter to the President and our
42 congressional delegation opposing the cross border fee.
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44 Motion carried unanimously.
Regular Council Minutes, 2/14/95, Page 10
1 ' Nelson reminded everyone of the special Council meeting Wednesday,
February 15 at 6:30 p.m. at Mt. Baker High School on the Comprehensive Plan.
3
4 Ethics Ordinance (AB95 -079): Brenner stated she and Nelson would be working
5 together on this proposed ordinance for future presentation.
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7 0 Imhof requested the Clerk circulate an item changing the Council meetings to
8 every other week instead of the present schedule. This would provide a few less
9 meetings per year and be beneficial to staff.
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Imhof thanked the Clerk, Ramona Reeves, for the outstanding job she has done
over the past years, as she is resigning.
Henderson moved a resolution be drafted in appreciation of Ms. Reeves.
Motion carried unanimously.
[elm
The meeting was adjourned at approximately 9:30 p.m.
These minutes were approved by the Council on June 6 , 1995.
ATTEST:
liana brown -Lavin -�
Acting Clerk of the Council
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 2/14/95, Page 11