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HomeMy WebLinkAboutCouncil January 24 1995WHATCOM COUNTY COUNCIL Regular Council Meeting January 24, 1995 The meeting was called to order at 7 p.m.by Chair Bob Imhof in the Council Chambers, 311 Grand Avenue. Also Present: Absent: Marlene Dawson None Ken Henderson Ward Nelson Larry Harris Alvin Starkenburg Barbara Brenner ANNOUNCEMENTS: There will be a Washington State Department of Health meeting January 25 at 1:30 p.m. in the Blaine Public Library to discuss the strategies for the Drayton Harbor Watershed. -- Three items were discussed in executive session: B.C. South; Van Kolken Dock (AB94 -454); and Siirila (AB94 -585). Also discussed was compliance with urban growth boundaries and the Council instructed their counsel on how to proceed on that matter. Imhof moved to waive conflict of interest in the B.C. South case as to Council members and former Council members and its employees individually and as well as corporately and assume responsibility for any judgment. 454). Motion carried unanimously. Harris moved to uphold the Hearing Examiner for the Van Kolken Dock (AB94- Motion carried 5 -2 with Starkenburg and Nelson opposed. Imhof moved to overturn the Hearing Examiner's decision for the Siirila matter (AB94 -585) and accept the staff recommendations (setback from the bank 50' rather than 75'). Also included in the decision is the Purnell Geologic study. Motion carried 5 -2 with Harris and Henderson opposed. Regular Council Minutes, 1/24/95, Page 1 OPEN SESSION Imhof opened the open session and the following people spoke: Steve White, Blaine: Vacancy on the Whatcom County Board of Equalization (District 3) (AB94 -587A) Chet Lackey: Opportunity Council resolution for siting of low income housing (AB95 -050) Charles Brabant, Point Roberts: Vacancy on the Whatcom County Board of Equalization (District 3) (AB94 -587A) Karen Mason, Squalicum Lake Road: Opportunity Council resolution for siting of low income housing (AB95 -050) Suzanne Ripmueller ( ?sp): Opportunity Council resolution for siting of low income housing (AB95 -050) Breean Beggs: Opportunity Council resolution for siting of low income housing (AB95 -050) Joe Elenbaas: Problems with the Planning and Development Services Department Hearing no one else, Imhof closed the open session. CONSENT AGENDA Starkenburg moved approval of the Consent Agenda items with the exception of Items 4 and 5. The motion carried unanimously. Items 4 and 5 were held in Finance and Personnel Committee. 1. BID AWARD RECOMMENDATION FOR INCREASING THE STORAGE AND HANDLING CAPACITY OF THE AS /400 MAINFRAME COMPUTER SYSTEM TO THE LOW BIDDER, EMC CORPORATION FOR $52,283 INCLUDING TAX (AB95 -040) 2. BID AWARD FOR A JAIL INMATE TELEPHONE SYSTEM TO THE HIGHEST RATED PROPOSER, AT &T /US WEST COMMUNICATIONS (NO COST TO THE COUNTY FOR USE, AND IT GENERATES REVENUES) (AB95 -041) 3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A THREE -YEAR AGREEMENT WITH ERICSSON BUSINESS COMMUNICATIONS FOR MONTHLY MAINTENANCE CHARGES ON THE ERICSSON TELEPHONE SWITCHING EQUIPMENT (ANTICIPATED 1995 EXPENDITURE WILL BE $54,250) (AB95 -042) Regular Council Minutes, 1/24/95, Page 2 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 SERVICE AGREEMENT WITH RE SOURCES FOR A REUSABLE MATERIALS DIVERSION PILOT PROJECT FOR $13,500, 60% OF WHICH IS REIMBURSABLE FROM A DEPARTMENT OF ECOLOGY COORDINATED PREVENTION GRANT (AB95 -043) Held in Finance and Personnel Committee for further study /options. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH RECOMP OF WASHINGTON, INC. TO ACCEPT A THREE -YEAR GRANT (APPROXIMATELY $50,000 PER YEAR) TO FUND ONE 0.5 PART -TIME EQUIVALENT POSITION IN THE HEALTH DEPARTMENT TO DESIGN AND IMPLEMENT A PROGRAM TO IMPROVE PACKAGING OF MEDICAL WASTE GENERATED IN THE COUNTY (AB95 -044) Held in Finance and Personnel Committee for further study /options. 6. REQUEST TO APPROVE CHANGE ORDER WITH CANNON ELECTRIC COMPANY, INC., FOR THE REMOVAL OF UNDERGROUND STORAGE TANKS AND DISPOSAL OF CONTAMINATED SOIL FOR UP TO $60,000 (AB95 -045) PUBLIC HEARINGS 1. PETITION FOR THE VACATION OF A PORTION OF COUNTY ROAD #385, FILED BY MICHAEL R. WHITFIELD, ET AL. (AB94 -582) Transportation Services Assistant Director Ed Henken gave background information on the vacation. Imhof opened the public hearing and the following people spoke: Jim Doren *: His client's property borders said property. Hearing no one else, Imhof closed the public hearing. This item was held in Public Services and Solid Waste Committee. (Clerk's Note. * denotes handout) 2. ORDINANCE ADOPTING THE WHATCOM COUNTY CRITICAL AREAS REGULATIONS TO COMPLY WITH THE WASHINGTON STATE GROWTH MANAGEMENT ACT (AB94 -548A) Regular Council Minutes, 1/24/95, Page 3 Imhof opened the public hearing and the following people spoke: Tom Brown, Deming Nate Brown, Planning and Development Services Skip Richards, Bellingham Steve Penland, Department of Fish and Wildlife, Mill Creek* Jay Tabor, Bellingham Dick Gilda, Jensen Road* Ron Green, North Lake Samish* Rita Foley Roy Ingham* Charles Evans, Centerview Road, Lummi Island Keith Ahrens, Everson Goshen Road Roy Giles, Shields Road* Bob Wiesen* Shelley Weisberg, McKenzie Road, Bellingham Rick Dahlgren* Bob Anderson, Bellingham Hearing no one else, Imhof closed the public hearing. The Council decided to leave the written record open for 10 days to Friday, February 3. Imhof will be talking to all Council Members about a day to schedule a work session on this item. (Clerk's Note. * denotes handout) 3. ORDINANCE EXTENDING THE DURATION OF WHATCOM COUNTY LAKE MANAGEMENT DISTRICT NO.1, A LAKE MANAGEMENT DISTRICT FOR LAKE SAMISH (AB95 -027) Public Works Director Jeff Monsen gave a staff report on this item. Imhof opened the public hearing. Hearing no one, Imhof closed the public hearing. Henderson moved adoption of the ordinance. Motion carried unanimously. Regular Council Minutes, 1/24/95, Page 4 OTHER ITEMS 1. REFERRAL OF A PROPOSED ORDINANCE (REMOVING LOT CONSOLIDATION REQUIREMENTS FROM TITLE 20) TO THE PLANNING COMMISSION AND PLANNING AND DEVELOPMENT SERVICES DEPARTMENT (AB94 -516A) (FROM 12/13/94) Dawson moved to ask staff to prepare a study and recommendations as to the operations of lot consolidation. The study will address problems, shortening of the time frame, and costs. Recommendations will be forwarded to the Planning and Development Committee for forwarding to the Planning Commission for action. The study is to be added as time permits in 1995 or 1996. Motion carried unanimously. This item was held in Planning and Development Committee. 2. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S DECISION ON VAN KOLKEN DOCK (SHS90- 0021), FILED BY RICHARD VAN KOLKEN (AB94 -454). Harris moved to uphold the Hearing Examiner's decision. Motion carried 5 -2 with Nelson and Starkenburg opposed. 3. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S DECISION OF SHORELINE VARIANCE (SHV94- 0014), FILED BY PAULA AND HEIKKI SIIRILA (AB94 -585) Imhof moved to overturn the Hearing Examiner's decision and accept the staff recommendations (setback from the bank 50' rather than 75'). Also included in the decision is the Pernell Geologic study. Motion carried 5 -2 with Harris and Henderson opposed. 4. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.02.150, REGARDING WHATCOM COUNTY COUNCIL STANDING COMMITTEES (AB95 -029) Nelson moved adoption of the ordinance. Motion carried unanimously. Regular Council Minutes, 1/24/95, Page 5 5. RESOLUTION IN CONCEPT FOR LEASE OF COUNTY -OWNED PROPERTY FOR SITING OF LOW- INCOME HOUSING, AND DIRECTION TO COUNTY EXECUTIVE TO ENTER INTO NEGOTIATIONS WITH THE OPPORTUNITY COUNCIL FOR LONG- TERM LEASE OF PROPERTY FOR SUCH PROJECT (AB95 -050) Marty Snyder, Opportunity Council, gave some background information on the resolution. This item was held in Planning and Development Committee. 6. CONTINUATION OF ANNUAL APPOINTMENTS BY THE COUNCIL TO FILL VARIOUS VACANCIES ON BOARDS, COMMISSIONS, AND COMMITTEES (AB94 -587A) Imhof opened nominations for the Board of Equalization. Brenner nominated Steve White to fill the vacancy in District 3. Brenner nominated Mary Jane Anderson to fill the vacancy in District 3. The nominations were closed. Steve White was appointed to fill the vacancy in District 3. Imhof opened the nominations to fill the alternate member vacancy for the Board of Equalization. Henderson nominated Mary Jane Anderson. Mary Jane Anderson was appointed by acclamation. 7. CONFIRMATION OF APPOINTMENTS TO VARIOUS BOARDS (AB95 -046) Dawson moved to approve by acclamation all re- appointments and new appointments. Motion carried unanimously. Imhof moved to continue all current Planning Commission appointments until successors are appointed. Motion carried unanimously. (Clerk's Note. List of appointed members follows.) Regular Council Minutes, 1/24/95, Page 6 DEVELOPMENTAL DISABILITIES BOARD: REAPPOINTMENT OF ROBERT GIST TO A SECOND FULL THREE - YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97. NEW APPOINTMENT OF DIANE BEDLINGTON TO A FIRST FULL THREE -YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97; SHE IS REPLACING CAROLE OSIER. NEW APPOINTMENT OF LARRY HARK TO A FIRST FULL THREE - YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97; HE IS REPLACING JOHN AABY. NEW APPOINTMENT OF CAROL HUFF -FLAGG TO A FIRST FULL THREE -YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97; SHE IS REPLACING JILL HECKATHORN. NEW APPOINTMENT OF JIM ROSS TO A FIRST FULL THREE -YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97; HE IS REPLACING PAUL WOODCOCK. NEW APPOINTMENT OF BETH MARGOLIS TO COMPLETE THE TERM OF KAREN NEUBAUER WHO RESIGNED. THE TERM WILL BE COMPLETED ON 12/31/95. NEW APPOINTMENT OF LIZ SMITH TO COMPLETE THE TERM OF SHARRON CRAWFORD WHO RESIGNED. THE TERM WILL BE COMPLETED ON 12/31/95. MENTAL HEALTH ADVISORY BOARD REAPPOINTMENT OF TERRY COLLINS TO A FIRST FULL THREE - YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97. SHE WAS APPOINTED IN EARLY 1994 TO COMPLETE A TERM. REAPPOINTMENT OF BRENDA BROOKS TO A SECOND FULL THREE -YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97. NEW APPOINTMENT OF NATALIE KNIGHT TO A FIRST FULL THREE -YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97. SHE IS REPLACING LYNDA NELSON ON THE BOARD. Regular Council Minutes, 1/24/95, Page 7 1 RURAL LIBRARY BOARD 2 3 NEW APPOINTMENT OF JOHN EASTMAN TO FIVE -YEAR TERM TO 4 RUN FROM 1/1/95 TO 12/31/99 (RCW 27.12); HE IS REPLACING DAN 5 ADDIS. 6 7 SUBSTANCE ABUSE BOARD 8 9 REAPPOINTMENT OF BETH BOYD TO A SECOND FULL THREE - 10 YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97. 11 12 REAPPOINTMENT OF LAURA WITTER TO A SECOND FULL THREE - 13 YEAR TERM TO RUN FROM 1/1/95 TO 12/31/97. 14 15 INTRODUCTION ITEMS 16 17 Henderson moved to accept the Introduction Items. 18 19 Motion carried unanimously. 20 21 1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION 22 ON BURLINGTON NORTHERN (CUP94- 0041), FILED BY 23 BURLINGTON NORTHERN RAILROAD COMPANY (AB94 -613) 24 25 2 ORDINANCE AMENDING WCC 2.03 (PLANNING COMMISSION 26 APPOINTMENT PROCESS) (AB95 -031) 27 28 3. RESOLUTION APPROVING RECOMMENDATIONS FOR 1994 OPEN 29 SPACE /TIMBER APPLICATIONS (AB95 -036) (HEARING TO BE 30 SCHEDULED) 31 32 4. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO THE 33 HEMMI ROAD WATER ASSOCIATION FOR A PERIOD OF 25 YEARS 34 PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM 35 COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN 36 WATER MAINS AND WATER DISTRIBUTION LINES ALONG 37 CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS OF 38 WHATCOM COUNTY (AB95 -047) (HEARING TO BE SCHEDULED) 39 40 5. ORDINANCE REGARDING THE REMOVAL OF THE TEMPORARY 41 SPEED LIMIT ON HANNEGAN ROAD (AB95 -048) (HEARING TO BE 42 SCHEDULED) 43 44 Regular Council Minutes, 1/24/95, Page 8 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Nooksack Steering Committee (AB95 -011): Starkenburg noted the joint meeting with the City Council regarding this issue has been set for February 13 at 7:30 p.m. in their council chambers. Friday Harbor Ferry (AB95 -059): Brenner reported on a meeting in Friday Harbor regarding a preliminary feasibility study to determine the possibility for ferry service from Point Roberts to Bellingham to Friday Harbor. Brenner also stated she had a tour of the juvenile detention and then requested input from the members regarding the ethnic ordinance proposal. Humane Society's Dog Complaint (AB94 -617): Brenner updated this issue. Shellfish Protection District (AB94- 556A): Harris noted this must be in effect by July. There are two meetings regarding this tomorrow (January 25). Henderson moved to nominate Larry Harris to fill his position on the Planning and Development Committee. Motion carried unanimously. Comprehensive Plan (AB94 -508): Nelson requested input from the members regarding the Request For Production. The meeting was adjourned at 10 p.m. a ' ecord cr tary These minutes were approved by the Council on February 28 , 1995. ATTEST: r Ramo a Reeve , the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Bo Imhof, Chair Regular Council Minutes, 1/24/95, Page 9