HomeMy WebLinkAboutCouncil June 20 1995WHATCOM COUNTY .COUNCIL
Regular Council Meeting
June 20, 1995
The meeting was called to order at 7 p.m. by Acting Council Chair Marlene
Dawson in the Council Chambers, 311 Grand Avenue.
Also Present:
Barbara Brenner
Larry Harris
Alvin Starkenburg
Ward Nelson
Ken Henderson
ANNOUNCEMENTS
Absent:
Robert Imhof
Dawson announced the Aune appeal was discussed in executive session.
Starkenburg moved to overturn the decision of the Hearing Examiner on the
Aune appeal.
Motion carried 5 -1 with Harris opposed
OPEN SESSION
The following people spoke:
Susan Struthers: South Lake Whatcom: Extension of the Whatcom County Trail
Mikell Payne, 1903 Rhododendron Way: WA -CERT (AB95 -201A)
Skip Richards, representing C.L.U.E.: Comprehensive Plan, Land Use.
(AB95 -062)
David Redfox, 1456 Lincoln Street, Bellingham: Leadership of Lummi Nation
Fenton Wilkinson, 7101 Goodwin Road, Everson: WA -CERT (AB95 -201A)
Nancy Thompson, 230 Pacific Highway, Bellingham: Squires Lake (AB95 -217)
Fred Miller, 3310 Northwest Avenue: WA -CERT (AB95 -201A)
Richard Gilda, Jensen Road, Bellingham: Comprehensive Plan (AB95 -062),
Squires Lake (AB95 -217)
Tom Thompson, 230 Pacific Highway, Bellingham: Squires Lake (AB95 -217)
Rita Foley, South Lake Whatcom: Squires Lake (AB95 -217)
Regular Council Minutes, 6/20/95, Page 1
1 CONSENT AGENDA
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1.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A 90 -DAY AGREEMENT WITH CURRENT
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INDUSTRIES TO PROVIDE SPECIALIZED AND SUPPORTED
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EMPLOYMENT SERVICES FOR A TOTAL OF $52,707.78 (AB95 -282)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A 90 -DAY AGREEMENT WITH CASCADE
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VOCATIONAL SERVICES FOR $20,378.52 FOR INDIVIDUAL
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EMPLOYMENT SERVICES (AB95 -283)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A 90 -DAY AGREEMENT WITH KULSHAN
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SUPPORTED EMPLOYMENT TO PROVIDE INDIVIDUAL
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EMPLOYMENT SERVICES FOR $28,893.48 (AB95 -284)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A 90 -DAY AGREEMENT WITH LOCAL FOCUS TO
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PROVIDE COMMUNITY ACCESS SERVICES FOR $12,137.40 (AB95-
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285)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A 90 -DAY AGREEMENT WITH NORTHWEST
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INDUSTRIES TO PROVIDE SPECIALIZED EMPLOYMENT
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SERVICES FOR $48,133.80 (AB95 -286)
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6.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT FOR THE 1995 -1997 BIENNIUM
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WITH CHAMBERS AND MORTIMER COUNSELING, INC. FOR
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SUBSTANCE ABUSE TREATMENT SERVICES IN AN AMOUNT
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NOT TO EXCEED $35,000 (AB95 -287)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT FOR THE 1995 -1997 BIENNIUM
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WITH SEAMAR COUNSELING SERVICES FOR $84,565 TO
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PROVIDE SUBSTANCE ABUSE TREATMENT SERVICES (AB95 -288)
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39 8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
40 ENTER INTO AN AGREEMENT FOR THE 1995 -1997 BIENNIUM
41 WITH NORTHWEST COUNSELING SERVICES FOR $17,000 TO
42 PROVIDE SUBSTANCE ABUSE TREATMENT SERVICES (AB95 -289)
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Regular Council Minutes, 6/20/95, Page 2
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9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT FOR THE 1995 -1997 BIENNIUM
WITH NOOKSACK GENESIS II FOR $31,230 TO PROVIDE SUBSTANCE
ABUSE TREATMENT SERVICES (AB95 -290)
10. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT FOR THE 1995 -1997 BIENNIUM
WITH AVALON COUNSELING AND TREATMENT SERVICES FOR
$74,705 TO PROVIDE SUBSTANCE ABUSE TREATMENT SERVICES
(AB95 -291) .
Starkenburg reported for Finance & Administrative Services Committee. He
moved for approval of all consent agenda items.
Motion carried 6 -0.
PUBLIC HEARINGS
1. ORDINANCE ESTABLISHING A TEMPORARY ZONING CONTROL
TO ADDRESS PUBLIC MARKETS AS A TEMPORARY USE IN THE
RESORT COMMERCIAL ZONE (AB95 -254)
Bob Woods, Council Budget and Program Analyst, commented briefly.
Nate Brown, Planning and Development Services Director, spoke briefly and
passed out information to the Council (on file, AB95 -254).
There was discussion of the information.
Dawson opened the hearing, and the following spoke:
Terry Smith, 7700 Birch Bay Drive
Earl Ball, 7387 Jackson Road, Birch Bay
Dotty Witt, 4389 Salt Spring Drive, Ferndale
Michael McDowell, Axton Road, Ferndale
Meg Grabel, Board of Directors, Chamber of Commerce of Birch Bay
George Astler, Secretary of the Chamber of Commerce
Nina Buxton, Axton Road, Ferndale
Carrie Gobbato, Birch Bay Drive
Pay Alisy, Birch Bay Drive
Dawson moved to put this item in Planning and Development Committee for
discussion.
Regular Council Minutes, 6/20/95, Page 3
After further. discussion, motion to hold in committee was withdrawn by Dawson.
Henderson moved to accept the substitute ordinance in place of page 352, lines 16
through 30 on page 2 of the original and page 353, lines 1 through 10 on page 3 of the
original.
Motion carried 6 -0.
Henderson. moved to amend item number 6 to read: "Vendors provide proof of a
business license or a list of vendors with their business numbers."
Motion to amend carried 6 -0.
Henderson moved to insert after "accommodate ": on
.lP' :
line 3 of "public markets ".
Motion carried 6 -0.
Nelson moved to add item number 13
Motion carried 6 -0.
Brenner moved to add under number 10
Brenner moved that toilets be placed away from residences when possible.
(Clerk's Note. These two motions were voted on as one.)
Motion carried 4 -2 with Henderson and Harris opposed.
Main amended motion carried 6 -0.
2. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY
COMPREHENSIVE SIX -YEAR ROAD PROGRAM FOR THE YEARS
1996 THROUGH 2001 (AB95 -267)
Jeff Monsen, Public Works, gave a presentation.
Dawson opened the hearing, and the following persons spoke:
John Harding, 1520 Hemmi Road
Vickie Hardin - Woods, Planning and Development Services
Lisa Jackson, Johnson Road
Regular Council Minutes, 6/20/95, Page 4
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Ruby White, Pt. Roberts
Lee Denke, 615 N. 4th Street, Mt. Vernon
Peter Fraser, 2112 Whaling Drive, Pt. Roberts
Sheila Steel, 1834 Cliff Road, Pt. Roberts
Ron Butcher, Blaine School District, Director of Transportation
William Griffith, 1677 Seamore Place, Pt. Roberts
Paul Nilson, 398 Marine Drive
The public hearing was closed.
Jeff Monsen, Public Works Director, explained that it is possible to put this in
committee. He requested that it be put into a work session rather than in committee.
Brenner moved to have a work session next Tuesday to discuss both sides of
Roosevelt Road. It was decided to have this work session July 11 and place it in the
Committee of the Whole from 11 a.m, to 1 p.m.
Nelson moved approval of the six-year road program.
Henderson moved to strike the Lake Whatcom Connector from the six-year road
program.
Motion failed 1 -5 with Henderson in favor.
Motion to approve the resolution carried 6 -0.
(Clerk's Note: The Council took a five minute break)
3. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT FUNDING MECHANISM AND
RE- AUTHORIZING COLLECTION OF CHARGES (AB95 -222)
The County Council meeting was recessed, and a meeting of the Flood Control
Zone District Board of Supervisors was convened.
Dawson opened the hearing, and the following spoke:
Jeff Monsen, Public Works Director, explained that this resolution needs to be
approved to continue funding for the next two years. He then addressed amendments
which he presented just prior to the meeting.
Regular Council Minutes, 6/20/95, Page 5
1 John Matzinger, River and Flood Engineer, Public Works Department, gave a
2 history of flooding in recent years and explained that there really isn't a cure, but this
3 will be an ongoing problem which costs about $2 million a year. He recommended
4 continuing the funding.
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6 Bob Mitchell, member of the Flood Control Advisory Committee
7 Albert Mathis, no address given
8 William Manthy, Aldrich Road, Bellingham
9 Nelda Sigurdson, 5171 Delta Road
10 Del Wolf, North Shore Road
11 Joe Elenbaas, 600 East Smith Road
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13 The public hearing was closed.
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15 Harris moved to schedule this item in a work session of the Committee of the
16 Whole June 27 from 10 a.m. to 1 p.m.
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18 The written record will be held open until Friday, June 23, at 5 p.m.
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20 The meeting of the Flood Control Zone District Board of Supervisors was
21 adjourned, and the County Council meeting was reconvened.
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23 OTHER ITEMS
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25 1. ORDINANCE RELATING TO TAXATION, IMPOSING A SALES AND
26 USE TAX UPON AND TO BE COLLECTED FROM THOSE
27 PERSONS FROM WHOM THE STATE SALES AND USE TAX IS
28 COLLECTED, FIXING THE RATE OF TAX, PROVIDING FOR THE
29 ADMINISTRATION AND COLLECTION THEREOF, CONSENTING
30 TO THE INSPECTION OF RECORDS AND OTHER MATTERS
31 RELATING THERETO (AB94 -539) (FROM 3/14)
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33 Starkenburg reported for Finance & Administrative Services Committee. He
34 stated this item was tabled until August 15.
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36 2. ORDINANCE REVISING BLAINE CITY 1, 2, AND 3 PRECINCTS
37 (AB95 -261)
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39 Starkenburg reported for Finance & Administrative Services Committee and
40 moved for adoption of the ordinance.
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42 Motion carried 6 -0.
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Regular Council Minutes, 6/20/95, Page 6
3. ORDINANCE AMENDING THE BUDGET,, REQUEST . NO. 7 (AB95-
269)
Starkenburg reported for Finance & Administrative Services Committee and
noted the numbers were readjusted to fit what was in there for administrative overhead
costs.
In order to reduce the overhead administrative dollars out of what is being
proposed, supplementals for Current Expense need to be reduced from $23,000 to
$20,700 and reduce Emergency Management from $50,000 to $41,636.
He moved for approval as amended.
Motion carried 6 -0.
4. RESOLUTION PRIORITIZING WHATCOM COUNTY PROJECTS
FOR THE WASHINGTON COMMUNITY ECONOMIC
REVITALIZATION TEAM (WA -CERT) (FOR PROJECTS RECEIVED
AFTER APRIL 25, 1995) (AB95 -201A)
Starkenburg reported for Finance & Administrative Services Committee and
moved for approval.
Bob Woods, Council Budget /Program Analyst, read the priority list:
1. Visitors Convention Project
2. Port of Bellingham Industrial Park Project
3. City of Sumas NESCO Project
4. Next Step Re -Do Planning Grant Project
5. Acme Water District Project
6. Sustainable Opportunities Business Incubator Project
7. Port of Bellingham Re -Do Loan Fund Project
8. Port of Bellingham Blaine Marina Project
9. Sandy Point Community Project
Henderson moved to amend the first resolution appearing in the packet on page
42 to strike lines 4 through 17 and replace them with the priority list as stated above.
Motion carried 6 -0.
Main motion accepting the amended resolution was moved by Starkenburg.
Brenner moved to change Port of Bellingham with Acme Water District.
Regular Council Minutes, 6/20/95, Page 7
Motion to amend failed 1 -5 with Brenner in favor.
Amended motion carried 6 -0.
5. ORDINANCE CONVERTING ACCESSORY DWELLINGS FROM
CONDITIONAL USES TO ADMINISTRATIVE APPROVAL USES,
MODIFYING THE REQUIREMENTS FOR LAKE WHATCOM AND
LUMMI ISLAND, CREATING AN ADMINISTRATIVE APPROVAL
SECTION FOR THE RESORT - COMMERCIAL ZONE, AND
MODIFYING THE REQUIREMENTS OF ADMINISTRATIVE
APPROVALS (AB95 -098A)
Nelson reported for Planning & Development Services Committee.
Nelson moved to amend by placing a sunset date on the ordinance of June 15,
1996 as a last item of the ordinance.
Motion to amend carried 6 -0.
Starkenburg moved to adopt the amended ordinance.
Motion carried 6 -0.
6. ORDINANCE AMENDING TITLE 16 TO CHANGE THE
DEFINITION OF SEPA OFFICIAL (AB95 -268)
Nelson reported for Planning & Development Services Committee and moved for
approval.
Motion carried 6 -0.
7. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION
20.92, REGARDING APPEALS OF HEARING EXAMINER
DECISIONS TO THE COUNTY COUNCIL (AB95 -232)
Nelson moved approval of the ordinance.
Nelson moved to amend by striking on page 343 of the packet, line 12: "...the
Motion to amend carried 6 -0.
Regular Council Minutes, 6/20/95, Page 8
Nelson moved to amend by striking on lines 35 and 36 the final sentence, which is
a redundancy: "
Motion carried 6 -0.
Nelson moved to amend by changing language on page 344, lines 8 and 9:
"Within two working days after receipt of the Heafing-€�� transcnpt> � r to 1 t
Motion to amend carried 6 -0.
Nelson moved to amend on page 344, line 14 to strike ... "mob
equal to the number- ef register-ed par-ties of r-eeer-d p! ..." and add "...ten (10),10,10' ... ".
Motion carried 6 -0.
Nelson moved to amend by inserting new section on page 344, just before line 27:
Motion to amend carried 6 -0.
Starkenburg moved to amend on page 343, line 4 to read after
Motion to amend carried 6 -0.
Council:
ON
Dan Gibson, Council's counsel, noted that on page 344, line 12, negotiation
regarding the appellant's basis for appeal might need to be discussed. Starkenburg
voiced his opinion that this needs to be written up, tried and then fine tuned. There was
no further discussion on this matter.
Brenner moved to amend page 345, line 26 to read "...2-1 working days... ".
Motion to amend carried 6 -0.
Regular Council Minutes, 6/20/95, Page 9
Motion to adopt main motion carried 6 -0.
8. CONSIDERATION OF THE APPEAL OF THE HEARING
EXAMINER'S DECISION ON PLAT ALTERATION (APL95- 0007),
FILED BY EINAR AND ELLEN AUNE (AB95 -193)
(Clerk's Note: This item has already been addressed. See 'Announcements':)
9. APPOINTMENT TO FILL VACANCY ON SOLID WASTE ADVISORY
COMMITTEE (WASTE RECYCLING INDUSTRY
REPRESENTATIVE) (AB95 -275)
Dawson moved to keep this open for two more weeks.
Motion carried 6 -0.
10. APPOINTMENTS TO VARIOUS COUNTY BOARDS (AB95 -292)
A. APPOINTMENT OF WILLIAM BLISS TO THE
BOUNDARY REVIEW BOARD TO A FIRST, FOUR
YEAR TERM TO REPLACE DAVE SIMMS WHO
RESIGNED. THE TERM IS FROM 2/2/95 TO 2/1/99.
B. REAPPOINTMENT OF RICK DUBROW TO THE
COUNTY BOARD OF APPEALS TO A SECOND, FULL
THREE -YEAR TERM TO RUN FROM 1/1/95 TO
12/31/97
C. REAPPOINTMENT OF PHIL SHOPES TO THE
COUNTY APPEALS BOARD TO A SECOND, FULL,
THREE -YEAR TERM TO RUN FROM 1/1/95 TO
12/31/97
D. NEW APPOINTMENT OF JIM LEPPALA TO THE
COUNTY APPEALS BOARD TO FILL THE VACANCY
LEFT WHEN MICHAEL TEN KLEY'S TERM EXPIRED
LAST YEAR, TO RUN UNTIL 12/31/96; HE
REPRESENTS THE PLUMBING TRADE.
E. NEW APPOINTMENT OF ED ESSEX TO THE COUNTY
APPEALS BOARD TO FILL THE VACANCY LEFT
WHEN ROLF BECKHUSEN'S TERM EXPIRED LAST
YEAR, TO RUN UNTIL 12/31/96; HE REPRESENTS
THE CONSTRUCTION TRADE.
Regular Council Minutes, 6/20/95, Page 10
F. NEW APPOINTMENT OF DONOVAN KEHRER TO
THE COUNTY APPEALS BOARD TO A FIRST, FULL
THREE -YEAR TERM TO RUN FROM 1/1/95 TO
12/31/97. HE WILL BE FILLING THE POSITION
PREVIOUSLY HELD BY FRED KENNEDY. HE IS A
LAND USE CONSULTANT.
G. NEW APPOINTMENT OF CAROL PANAGOS TO THE
DEVELOPMENTAL DISABILITIES BOARD TO
COMPLETE THE TERM OF PHIL BRANDT WHO
RESIGNED. HER TERM WOULD BE EFFECTIVE
IMMEDIATELY AND WILL RUN TO 12/31/96.
Henderson moved approval by acclamation.
Motion carried 6 -0.
INTRODUCTION ITEMS
Starkenburg moved acceptance of the Introduction Items.
Motion carried 6 -0.
1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON FILE
NO. APL95- 02445, CONDITIONAL USE PERMIT FILED BY POINT
MARKETING, INC (AB95 -253).
2. RESOLUTION VACATING A PORTION OF PARK LANE, PETITION
FILED BY GENDA HAYNES AND MARK BECKWITH (AB95 -274)
(HEARING TO BE SCHEDULED)
3. ORDINANCE ESTABLISHING A SHELLFISH PROTECTION
DISTRICT CO- OPERATIONALLY WITH THE FLOOD CONTROL
ZONE DISTRICT (AB95 -197A) (HEARING TO BE HELD JULY 5)
4. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 8 (AB95-
293)
"131301 riI"►.,i
1. DISCUSSION. WITH CIVIL DEPUTY PROSECUTOR DAN GIBSON
REGARDING THE RESIGNATION OF JOHN LESOW, WATER DISTRICT
#4 COMMISSIONER. (AB95 -295)
Regular Council Minutes, 6/20/95, Page 11
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Dawson noted the position is open for applications. Applications will be accepted
until June 30, 1995 at 4 p.m.
Dawson moved to accept the resignation of John Lesow.
Motion carried 6 -0.
Dawson moved to open the process of publicizing, selecting and accepting
applications for the vacancy in the Point Roberts' Water District with a deadline of
Friday, June 30, 1995 at 4 p.m. Friday.
Motion carried 6 -0.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Closure of the Nooksack River above Acme Bridge to innertubers
and kayakers to protect fish habitat (AB95 -279): Nelson noted for the Council
members' information this issue was discussed in today's Planning & Development
Committee.
Squires Lake (AB95 -217): Brenner noted there is a meeting scheduled for
June 29 at 4 p.m. at the Building Industry Association office regarding Whatcom County
Real Property inventory. The purpose of the meeting is to screen properties to see what
can be removed from county ownership and be placed back on the tax rolls.
ADJOURN
The meeting was adjourned at 11 :35 p.m.
arina McAllister, Recording Secretary
These minutes were approved by the Council on A„ g„ G t 15 , 1995.
ATTEST:
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ma ene Dawson, Acting Council Chair
Regular Council Minutes, 6/20/95, Page 12