HomeMy WebLinkAboutCouncil May 23 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
May 23, 1995
The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Alvin Starkenburg
Larry Harris
Ken Henderson
Ward Nelson
ANNOUNCEMENT
Imhof announced that an agreement on the Paul Rushing contract dispute was
finalized for $30,000 (AB94- 115H).
SPECIAL ORDER OF BUSINESS
PROCLAMATION OPENING THE 10TH ANNUAL WHATCOM
COUNTY IN BLOOM COMPETITION (AB95 -233)
Roger DeSpain, Parks Department Director, introduced Dana Hanks, coordinator
of the project. She presented flowers to each Council member and the Clerk.
OPEN SESSION
The following people spoke at Open Session:
Bob Anderson, 203 W. Holly, Suite 219: Comprehensive Plan (AB94 -508A)
Nancy Keene, 8260 Delta Line Road: Flow Control Ordinance and RECOMP
contract (AB95 -132A)
Carol Burghett: Requested response to illegal dismissal from the Parks
Department Outside Workers Program. Dave Wareing, Sheriffs Office, offered to
follow up on this and will let Council know.
Earl Ball, Birch Bay Chamber of Commerce: Outside storage or merchandising
in the Birch Bay area
Larry McCarter, RDS: RECOMP contract (AB95 -132A)
Ted Alisy, Birch Bay: Property owners unable to sell things from their property
Regular Council Minutes, 5/23/95, Page 1
1 Bill Geyer, 1008 16th: Comprehensive Plan (AB94 -508A)
2 George Astler, 4815 Henderson Road, Birch Bay: Outside sales in Birch Bay
3 Bruce Boyle: Accessory Dwelling Units (AB95 -098) and storage units (AB95 -251)
4 Bob Wiesen, Ferndale: Comprehensive Plan EIS (AB94 -508A) and RECOMP
5 (AB95 -132A)
6 Paul DeArmond, 1344 Humboldt: Several issues in general
7 Gail Pattenaude, Bellingham: Accessory Housing (AB95 -098)
8 Butch Edison, Ferndale: Phone calls received from the Planning Department very
9 irritating and inappropriate
10 Skip Richards: Comprehensive Plan Environmental Impact Statement
11 (AB94 -508A)
12 Bill Florea, Whatcom County Planning: Hearing on the Comprehensive Plan will
13 be held Tuesday, May 30, at 9 a.m. at 1000 N. Forest with Roland Middleton presiding
14 (AB94 -508A)
15 Jason Reimer, Lynden: Comprehensive Plan EIS (AB94 -508A)
16 Nancy Thompson: Squires Lake (AB95 -217)
17 Rand Jack handed out information for discussion on Squires Lake (AB95 -217)
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19 Seeing no other persons wishing to speak, the open session was closed.
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21 Brenner moved to have a joint hearing with the Planning Commission on the
22 Comprehensive Plan Environmental Impact Statement (EIS).
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L4 Nate Brown, Planning & Development Services Director, explained why the
25 Planning Department has been calling people who signed a petition regarding a draft
26 EIS on the Comp Plan. An intern was asked to find out what issue people had concerns
27 with.
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29 Imhof moved to tell the public and administration that the County Council will
30 hold a hearing or a series of hearings on the Comp Plan.
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32 Motion carried unanimously.
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34 Brenner restated her motion to hold a joint hearing with the Planning
35 Commission on the EIS of the Comp Plan.
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37 Motion failed 6 -1 with Brenner in favor.
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39 CONSENT AGENDA
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41 1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
42 ENTER INTO AN AGREEMENT WITH EVERGREEN AIDS
43 SUPPORT SERVICES TO PROVIDE AIDS CASE MANAGEMENT
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Regular Council Minutes, 5/23/95, Page 2
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SERVICES (RENEWAL OF CONTRACT FOR FEDERAL TITLE 2 FUNDS)
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FOR $11,500 (AB95 -234)
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2.
BID AWARD RECOMMENDATION FOR A SUPPLIER AND FIXED
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PRICES FOR THE CANDY AND SNACK FOOD ITEMS SOLD TO
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JAIL INMATES TO THE LOW BIDDER, LEE GROCERY COMPANY
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FOR AN ESTIMATED ANNUAL AMOUNT OF $40,123.85 (AB95 -235)
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3.
BID AWARD RECOMMENDATION FOR PRESCRIPTION
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MEDICATION SERVICE FOR THE JAIL TO THE LOW BIDDER,
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NORTH CAMPUS PHARMACY AT A $3.25 PER PRESCRIPTION
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FEE FOR AN ANNUAL ESTIMATED TOTAL OF $60,000 (AB95 -218A)
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4.
BID AWARD RECOMMENDATION FOR TIMBER PILING FOR
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BRIDGE REPAIR AND MAINTENANCE TO THE SOLE BIDDER,
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PSR COMPANY, FOR $29,040.88 INCLUDING SALES TAX (AB95 -236)
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BID AWARD RECOMMENDATION FOR A RAPID RESPONSE
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PATROL AND RESCUE BOAT FOR THE SHERIFF'S MARINE
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SAFETY PATROL PROGRAM TO THE LOW BIDDER, HELIARC
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BOATS, FOR $28,884.65, INCLUDING SALES TAX (AB95 -237)
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6.
BID AWARD RECOMMENDATION FOR LAKE WHATCOM
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BOULEVARD ASPHALT PRE -LEVEL PROJECT TO THE LOW
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BIDDER, WILDER CONSTRUCTION, FOR $52,340 (AB95 -238)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT FOR THE EMPLOYEE
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ASSISTANCE PROGRAM WITH MASCHHOFF BARR FOR A ONE -
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YEAR PERIOD FOR $18,500 (AB95 -239)
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8.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A GRANT AGREEMENT BETWEEN THE DIVISION
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OF EMERGENCY MANAGEMENT AND WASHINGTON STATE
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DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC
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DEVELOPMENT FOR $50,000 TO DEVELOP A WRITTEN
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INTERNATIONAL HAZARDOUS MATERIALS RESPONSE PLAN
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AND TEST EXERCISES (AB95 -240)
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9.
RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO.
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994007 AND THE AWARD OF CONTRACT FOR THE
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RECONSTRUCTION OF HANNEGAN ROAD, EAST POLE ROAD
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TO SCOTT DITCH BRIDGE, TO VOLKER STEVIN PACIFIC, INC.,
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FOR $1,213,000 (AB95 -241)
Regular Council Minutes, 5/23/95, Page 3
1 10. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO.
2 99004 AND THE AWARD OF CONTRACT FOR THE
3 RECONSTRUCTION OF BIRCH BAY - LYNDEN ROAD, I -5 TO
4 DELTA LINE ROAD TO ASSOCIATED SAND & GRAVEL FOR
5 $779,759.80 (AB95 -242)
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11.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A LEASE AGREEMENT WITH NORTHWEST
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DEVELOPMENT I (JOE PARCHER) FOR THE SPACE AT 3975
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IRONGATE ROAD, SUITE A FOR ONE YEAR AT $875 PER
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MONTH (AB95 -243)
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12.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO AN AGREEMENT WITH CHAMBERS AND
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MORTIMER COUNSELING, INC., FOR SUBSTANCE ABUSE
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TREATMENT FOR YOUTH (AB95 -244)
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13.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT WITH WHATCOM COUNTY
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COMMISSION ON CHILDREN AND YOUTH FOR 'BEST SELF
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SERVICES" FOR 1995 FOR UP TO $24,000 (AB95 -206A)
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14.
REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT WITH NADINE KAALAND FOR
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SERVICES AS SEXUAL ASSAULT COORDINATOR FROM MAY 15,
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1995 TO DECEMBER 31, 1997 FOR A MAXIMUM OF $72,000 FOR
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THAT TIME PERIOD (AB95 -245)
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REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
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ENTER INTO A CONTRACT WITH SHARON EYER FOR SERVICES
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AS DOMESTIC VIOLENCE SPECIALIST FOR MAY 15, 1995 TO
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DECEMBER 31, 1997 FOR A MAXIMUM OF $52,440 FOR THAT
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TIME PERIOD (AB95 -246)
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Starkenburg reported for Finance and moved approval of the Consent Items 1 -15.
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Starkenburg commented on Item 9, noting that the Incentive Clause is not
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included for approval.
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Imhof removed Item 5.
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Motion to approve Consent Items 1 -4 and 6 -15 carried unanimously.
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Regular Council Minutes, 5/23/95, Page 4
Item 5, rapid response patrol boat for Sheriffs Department: Imhof stated he has
a hard time adding more capital expense items.
Nelson moved approval of Item 5.
Motion to approve Item 5 carried 6 -1 with Imhof opposed.
PUBLIC HEARINGS
1. PETITION FOR THE VACATION OF PORTIONS OF SEHOME
AVENUE, MORTON STREET AND UNNAMED ALLEY IN
FENTON'S SUBDIVISION, FILED BY GREGORY AMMERMAN, ET
AL. (AB95 -135)
Ed Henken, Engineer, reported that it is a territorial vintage plat, and his
department has no choice in vacating the area.
Imhof opened the public hearing.
Seeing no one wishing to speak, Imhof closed the public hearing.
Nelson moved approval of the vacation.
Motion carried unanimously.
OTHER ITEMS
1. DISCUSSION AND REVIEW OF THE COUNTY ROAD FUND TO
INCLUDE REVISIONS AND EXPENSE PROJECTIONS (AB95 -225)
Jeff Monsen, Public Works Administration, handed out a revised table of the six -
year road program.
Henderson moved to approve the six-year program revenues and expenditures as
in the packet (0, 0 and 3 increase for the last four (4) years).
Motion carried unanimously.
2. RESOLUTION IN APPRECIATION OF JACK WEISS, FORMER
WHATCOM COUNTY RECYCLING COORDINATOR (AB95 -228)
Brenner moved approval of the resolution.
Regular Council Minutes, 5/23/95, Page 5
1 Dawson moved to amend lines 20, 21 and 22 to say that the County financially
2 benefited.
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4 Motion to approve amended resolution carried unanimously.
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6 Weiss announced an intent to seek signatures on an initiative petition to ask the
7 question "Shall Whatcom County return garbage handling to the free enterprise system
8 and promote waste prevention and source separated recycling ? ".
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10 Starkenburg announced that he is very saddened by the action and would like the
11 record to reflect that he withdraws his support of the resolution.
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13 3. REAPPOINTMENTS TO THE NORTHWEST SENIOR SERVICES
14 BOARD OF ADRIANNE HUNTER AND FRANK SHELTON FOR
15 TERMS FROM 7/1/95 TO 6/30/98 (AB95 -247)
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17 Dawson moved to reappoint Adrianne Hunter and Frank Shelton.
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19 Motion carried unanimously.
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21 4. RESOLUTION TO SELL SURPLUS PROPERTY (SHERIFF
22 VEHICLES) (AB95 -165A) (FROM 5/9)
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24 Starkenburg reported for Finance & Administrative Services Committee that this
25 item is held in Committee until June 6, 1995.
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27 5. ORDINANCE AMENDING THE 1995 BUDGET, REQUEST NO. 5 (AB95-
28 219)
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30 Starkenburg reported for Finance & Administrative Services Committee and
31 moved approval.
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33 Motion carried unanimously.
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35 6. DISCUSSION WITH THE ADMINISTRATION REGARDING
36 ESTABLISHING A COUNTY PROGRAM TO COMPLY WITH THE
37 DRAYTON HARBOR PROTECTION PLAN (AB95 -197)
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39 Brenner reported for Natural Resources Committee and reported that this item is
40 tabled until more information is received from the Department of Ecology.
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Regular Council Minutes, 5/23/95, Page 6
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7. RESOLUTION CLARIFYING THE INTENT OF WHATCOM
COUNTY CODE 8.15, SOLID WASTE DISPOSAL SITES,
OTHERWISE KNOWN AS THE FLOW CONTROL ORDINANCE,
AND ESTABLISHING SOLID WASTE HANDLING PERFORMANCE
STANDARDS FOR MIXED MUNICIPAL WASTES (AB94 -223C)
(FROM 5/9)
Brenner reported for the Public Works and Capital Projects Committee. She
explained that the committee didn't have enough time to fully discuss the issues.
Henderson moved to hold in committee until next Tuesday, May 30, from
11 a.m. - 1 p.m.
Motion carried 4 -3 with Imhof, Nelson and Starkenburg opposed.
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A DISPOSAL SITE AGREEMENT WITH RECOMP OF
WASHINGTON (DRAFT #5) (AB95 -132B)
Brenner reported for Public Works & Capital Projects Committee.
Imhof reported this item will be discussed in executive session at the May 30 work
session.
9. 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 -098) (THIS ORDINANCE WAS VETOED BY
THE EXECUTIVE)
Nelson reported for Planning & Development Committee and moved to override
the Executive's veto.
Gibson stated that the 30 -day time line has elapsed.
Nelson moved to reintroduce this item and put it in the Planning & Development
Committee.
(Clerk's Note: No vote was taken on the motion as Dan Gibson will report to the
Council whether an amended ordinance can be introduced without first going before the
Planning Commission.)
Regular Council Minutes, 5/23/95, Page 7
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10. COUNCIL REQUEST OF THE ADMINISTRATION TO HAVE THE
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT AND
THE PLANNING COMMISSION CONSIDER ALLOWING STORAGE
BUILDINGS AS AN OUTRIGHT PERMITTED USE IN ALL ZONES.
REVIEW TO TAKE PLACE AS TIME PERMITS (AB95 -251)
Nelson reported for Planning & Development Committee that this item is held in
Committee.
11. REQUEST FOR COUNCIL APPROVAL OF A REQUEST BY CROWN
POINT DEVELOPMENT FOR CHANGE IN THE BASIC DESIGN OF
THE ALREADY- APPROVED PLANNED UNIT DEVELOPMENT
PLANS FOR OCEANS 3000 AT 911 MARINE DRIVE, BELLINGHAM
(AB95 -248)
Nelson reported for Planning & Development Committee and moved approval.
Motion carried unanimously.
The Council recessed its regular meeting and convened a meeting as the
Whatcom County Flood Control Zone District Board of Supervisors.
12. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE, ON
BEHALF OF THE BOARD, TO EXECUTE CHANGE ORDER NO. 2
WITH GEOENGINEERS, INC. IN THE AMOUNT OF $16,084.54 FOR
CONSTRUCTION ENGINEERING ON GLACIER SPRINGS /CANYON
CREEK REPAIR (AB95 -250)
Imhof moved approval.
John Matzinger, River & Flood Engineering Manager, gave a report.
Motion carried unanimously.
. The Council adjourned the Whatcom County Flood Control Zone District Board
of Supervisors meeting and reconvened as the Whatcom County Council.
INTRODUCTION ITEMS
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION
OF HEARING EXAMINER FILE NO. 93 -0036, FILED BY DAVID
BARLEAN (AB95 -063)
Regular Council Minutes, 5/23/95, Page 8
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2. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION
OF HEARING EXAMINER FILE NO. 95 -0007 PLAT ALTERATION,
FILED BY EINAR AND ELLEN AUNE (AB95 -193)
3. ORDINANCE AMENDING THE BUDGET, REQUEST NO. 6 (AB95-
249)
Brenner moved approval of the Introduction Items to include the ordinance
regarding accessory dwelling discussed earlier in the meeting (AB95 -098).
Motion carried unanimously.
ADDENDUM
DISCUSSION ON SQUIRES LAKE ACQUISITION (AB95 -217)
Rand Jack spoke on behalf of the land trust.
Imhof moved approval of the purchase of $300,000 and that Parks and land trust
work out an agreement with the neighbors. He would like to see it as a walk -up park
with only handicap parking at the top. There is a possible use of funds from surplus sale
from the Parks Department to help with funding for this.
Nancy Thompson spoke on concerns of safety of the road leading up to the lake.
Jeff Monsen, Public Works, stated that there is a subtle difference between a
maintained county right of way and a county road. Bruce Mills explained to him that it
is a maintained county road.
Imhof withdrew the motion to approve.
A citizen who did not identify herself said that it is a deeded county road and said
the liability would be the same.
Henderson asked the legal staff to look into liabilities.
Imhof moved to hold for two weeks.
Harris asked that the questions be identified:
Liability on the road?
Improve the road a little bit - -do we have to bring it up to standard?
Imhof stated that he will work on answering the questions with Dan Gibson.
Regular Council Minutes, 5/23/95, Page 9
1 Ed McCaffery stated that he has camped there for several years, and there is the
2 possibility that vehicles will meet each other on the road.
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4 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
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6 ■ Utility and Transportation Commission (UTC) review of the rate increase.
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8 Henderson moved that Council request the UTC do a careful review of the rate
9 structure during its process (Sanitary Service).
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11 Motion carried unanimously.
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13 ■ Dawson proposed "A resolution encouraging an agreement to achieve
14 conservation of the salmon stocks and to maintain equitable catch sharing and provide
15 for the restoration of chinook and coho salmon in Washington State" and moved
16 approval and that it be sent to the state.
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18 Motion carried 5 -2 with Harris and Henderson opposed.
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20 ■ Starkenburg asked how many will attend the special meeting this Thursday.
21 Imhof explained the purpose and scope of the meeting.
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23 ■ Harris reminded the Natural Resources Committee that the Lake Management
24 Subcommittee will meet May 25 at 10 a.m. in the Planning Department.
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26 ADJOURN
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28 The meeting was adjourned at 9:45 p.m.
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32Lx/c,�!/I a/
33 Marina McAllister, Recording Secretary
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35 These minutes were approved by the Council on a „g „Gt 15 , 1995.
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37 ATTEST: WHATCOM COUNTY COUNCIL
38 WHATCOM COUNTY, WASHINGTON
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43 Dana rown- Davis, ounc Clerk Ro ert Imhof, Cou hair
Regular Council Minutes, 5/23/95, Page 10