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HomeMy WebLinkAboutCouncil October 25 19941 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 1.5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHATCOM COUNTY COUNCIL Regular Council Meeting October 25, 1994 The meeting was called to order at 7:20 p.m. by Chair Robert Imhof in the Council Chamber, 311 Grand Avenue. Also Present: Absent: Barbara Brenner None Marlene Dawson Ward Nelson Alvin Starkenburg Larry Harris Ken Henderson ANNOUNCEMENTS Imhof announced that the following items were discussed in executive session: Possible settlement, Lange v. Whatcom County (AB94 -550); Growth Planning Hearing Board matters (AB94 -553); update on potential litigation /contract settlement with Paul Rushing regarding the Courthouse Construction Project (AB94 -115H) Imhof stated that discussion on the Paul Rushing litigation /contract settlement would be continued in executive session at the end of the meeting. SPECIAL PRESENTATION PRESENTATION BY THE WHATCOM HUMAN RIGHTS TASK FORCE ORGANIZATIONAL GROUP (AB94 -532) (RESOLUTION IN PACKET) Presenters: Christina Casterina and Ron D'Aloisio Christina Casterina gave some background information on the reasons for forming the task force and the goals of the task force. Ron D'Aloisio asked the Council to consider the resolution by Ken Henderson and asked for a volunteer from the Council to be on the committee. Brenner moved to put this item in Committee. Brenner withdrew her motion. It was decided that this discussion would continue after open session. Regular Council Minutes, 10/25/94, Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '4 25 26 27 28 29 42 43 44 OPEN SESSION The open session was opened, and the following spoke: Speaking in opposition of the resolution supporting the Task Force: Anita Small, P.O. Box 301, Lynden Ilene Sobjeck, 2119 Willeys Lake Road, Everson Helen Steele, 5146 Elder Road, Ferndale Angie Fairbanks, P.O. 1967, Ferndale Lloyd Austin, 1838 Lakeside Drive, Bellingham Eric Nathan, 3120 Adams Ave. Apt. D301 Reginald Lovison, 7338 Everson Goshen Road, Everson The following people also spoke during open session: Don Pleisure (sp ?), 881 Bennett Drive, Bellingham: Elimination of Gail Kelley's position (AB94 -538) Carlin Freeburg, Bellingham Psycologist: Advised the council that the National Association for the Research and Treatment of Homosexuality would offer its assistance if the Council chooses to support the task force (AB94 -532) Sherilyn Wells, 1020 Geneva: Supported approval of the resolution (AB94 -532) Darlene Delboca: Spoke to the issue of harassment (AB94 -532) Christina Casterina: Spoke to the controversy issue of the resolution and the task force (AB94 -532) Ron D'Aloisio, 1911 C St.: Reiterated the comments of Christina Casterina, stating that if the Council did not see the need for a Task Force earlier in the evening, they must see it now. Henderson moved approval of the resolution endorsing the efforts of the Whatcom Human Rights Task Force. Motion failed 3 -4 with Henderson, Harris, and Brenner in favor. The open session was closed. CONSENT AGENDA 1. BID AWARD FOR AN ENGINEERING READER PRINTER TO THE LOWEST RESPONSIVE BIDDER, MINOLTA BUSINESS SYSTEMS FOR $28,719.53 INCLUDING OPTIONAL EQUIPMENT AND SALES TAX (AB94 -536) Regular Council Minutes, 10/25/94, Page 2 2. REQUEST FOR AUTHORIZATION FOR INSTALLATION OF A LOCAL AREA COMPUTER NETWORK FOR THE ELECTION MANAGEMENT SYSTEM AS PROVIDED IN THE 1994 BUDGET TO 3 -D COMPUTER CORPORATION FOR $56,974.67 (AB94 -537) Starkenburg reported for Finance and Personnel Committee and moved approval of Consent Agenda Items 1 and 2. Motion carried unanimously. OTHER ITEMS 1. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 10 (AB94- 521) Starkenburg moved adoption of the ordinance. Motion carried unanimously. 2. ORDINANCE TO AMEND URBAN FRINGE SUBAREA COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM COUNTY ZONING MAP (AB94 -313) This item was held in Planning and Development Committee. 3. ORDINANCE REQUIRING JURISDICTION NOTICE ON ENTERING RESERVATION LANDS (AB94 -423) (FROM 10 /11) This item was held in Planning and Development Committee. 4. RESOLUTION DECLARING POLICY REGARDING JURISDICTIONAL RIGHTS BETWEEN WHATCOM COUNTY AND THE LUMMI NATION (AB94- 390)(FROM 10 /11) Dawson moved approval of the substitute resolution. Motion carried 5 -2 with Henderson and Harris opposed. 5. ORDINANCE AMENDING TITLE 21 REGARDING PLAT APPROVALS (AB94- 307)(FROM 10 /11) Imhof moved to hold the ordinance for decision at the November 8 meeting. Motion failed 3 -4 with Henderson, Harris and Imhof in favor. Regular Council Minutes, 10/25/94, Page 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 z5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Harris moved to table the ordinance for two weeks and asked for a staff analysis of the last amendment (given to council earlier in the day, before committee; on file) Motion carried 5 -2 with Nelson and Dawson opposed. Nelson moved reconsideration of the motion and moved to table to the next council meeting, bringing this item forward with individual review rather than committee review. Motion failed for lack of a majority vote. Senior Deputy Prosecutor Dan Gibson explained the process for reconsideration and stated that Nelson's motion was carried out incorrectly. After discussion about legal procedure, Dawson moved to suspend the rules to reconsider the motion on Title 21. Motion failed 4 -3 with Starkenburg, Brenner and Dawson in favor. 6. BUDGET DISCUSSION FOR TRUST SURFACE WATER RIGHTS NEGOTIATION /LITIGATION (AB94 -535) Harris moved the following: Recommend to the Council that the County's involvement in this process (the Nooksack Basin Protection Steering Committee) should continue. Recommend approval of the proposed funding ($182,600) for the County's portion of the Nooksack Basin Protection Steering Committee budget. Recommend approval of the County's share of the Nooksack Protection Steering Committee budget and that the budget amount be taken from the River Improvement Fund contingent upon revision of the River Fund ordinance to permit such funding and that the County Executive prepare such draft ordinance revision for the next Council meeting. Starkenburg moved a friendly amendment asking that the County continue working to consolidate the various water departments which would be feasible to assist and be the direct link for that Steering Committee. Harris accepted Starkenburg's friendly amendment. Motion carried unanimously. Regular Council Minutes, 10/25/94, Page 4 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 INTRODUCTION ITEMS 1. ORDINANCE ADOPTING THE 1995 BUDGET FOR WHATCOM COUNTY (AB94 -538) 2. ORDINANCE RELATING TO TAXATION, IMPOSING A SALES AND USE TAX UPON AND TO BE COLLECTED FORM 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) 3. ORDINANCE ADOPTING THE 1995 WHATCOM COUNTY UNIFIED FEE SCHEDULE (AB94 -540) 4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY FOR 1995 (AB94- 541) 5. RESOLUTION ADOPTING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 1995 (AB94 -542) 6. RESOLUTION ADOPTING THE 1995 SIX -YEAR PHYSICAL PLANT AND FACILITIES CAPITAL PROGRAM RELATING TO BUILDINGS AND FACILITIES FOR WHATCOM COUNTY, WASHINGTON (AB94 -543) 7. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS (EAST HEMMI ROAD) (AB94 -544) 8. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS (A PORTION OF LAUREL ROAD) (AB94 -545) 9. ORDINANCE ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS (ARNIE ROAD) (AB94 -546) 10. ORDINANCE TO AMEND THE LYNDEN NOOKSACK VALLEY SUBAREA COMPREHENSIVE PLAN MAP AND THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM R5A TO GENERAL COMMERCIAL (AB94 -547) Dawson moved to accept the Introduction Items. Regular Council Minutes, 10/25/94, Page 5 14 Henderson moved to go into executive session to continue discussion of the 15 potential litigation /contract settlement with Paul Rushing regarding the Courthouse 16 Construction Project (AB94 -115H) 17 18 Motion carried unanimously. 19 20 ADJOURN 21 22 The meeting was adjourned about 9:30 p.m. 23 4 25 26 27 rding Secretary 28 29 30 31 32 33 These minutes were approved by the Council on December 6 , 1994. ATTEST: 34 35 36 37 Ramona Reeves, Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Regular Council Minutes, 10/25/94, Page 6