HomeMy WebLinkAboutCouncil October 3 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
October 3, 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: Absent:
Barbara Brenner None
Robert Imhof
Alvin Starkenburg
Larry Harris
Ward Nelson
Ken Henderson (late)
ANNOUNCEMENTS
Starkenburg moved to approve the settlement discussed in the Committee of the
Whole (AB94- 462A).
Motion carried 6 -1with Henderson absent.
OPEN .SESSION
The following people spoke at open session:
Jamie Henefin, 17 Strawberry Point: Ballot concerns; recycling facility permit fee
(AB95 -132); flow control ordinance (AB95 -132)
Ben Hinkle, 2582 North Shore Road: Sovereignty proposal
Alissa Omey: Initiative 640
Shirley Fuller Nielson, 6287 Siper Road, Everson: Intersection of Hopewell and
Siper Roads. Ed Henken reported on the intersection. Property owners refuse to remove
trees. Council should pass an ordinance (hearing to be held in two weeks) to remedy the
situation.
Deborah Sway, 1206 E. McLeod: I -640
Keith Omey, 1511 Mill Street, Bellingham: I -640
Cheryl Hershey 1229 Roland Street, Bellingham: I -640
RESOLUTION ENCOURAGING COOPERATION BETWEEN
RECREATIONAL AND COMMERCIAL FISHING GROUPS AND
OPPOSING INITIATIVE 640 (AB95 =405)
Imhof moved approval of the substitute resolution to oppose Initiative 640.
Regular Council Minutes, 10/3/95, Page 1
There was much discussion.
Motion carried 5 -2 with Harris and Nelson opposed.
CONSENT AGENDA
Starkenburg moved to approve the consent agenda, pulling item 5.
Motion to approve the consent agenda carried unanimously.
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT FOR SUPPORTED EMPLOYMENT SERVICES
WITH DIVISION OF VOCATIONAL REHABILITATION TO BE
COMPLETED ON JUNE 30, 1997 IN THE TOTAL AMOUNT OF $30,000
(AB95 -393)
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT FOR CARD LOCK FUEL SERVICE, RFP #95-
66, DURING THE PERIOD NOVEMBER 1, 1995 THROUGH OCTOBER
31, 1997 WITH BOSMAN INC. AT A COST OF $75,000 TO $85,000 (AB95-
394)
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO A RETAINER AGREEMENT WITH LARRY E. HALVORSON,
ATTORNEY AT LAW, FOR PROFESSIONAL NEGOTIATOR AND
LABOR COUNSEL REPRESENTATION DURING THE PERIOD
NOVEMBER 1, 1995 THROUGH OCTOBER 31, 1998 AT THE
RETAINER FEE OF $33,333 PER YEAR OR $2,777.75 PER MONTH
(AB95 -395)
4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH DAVID I. HAMLIN & ASSOCIATES
FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN OF
SIGNALIZATION OF W. BAKERVIEW ROAD AT BENNETT DRIVE
AND SLATER ROAD AT HAXTON WAY IN THE TOTAL AMOUNT
OF $19,130 (AB95 -396)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO SIGN
THE WHAT -COMM INTERLOCAL AGREEMENT AS ADOPTED BY
THE WHAT -COMM ADMINISTRATIVE BOARD (AB95 -397)
Starkenburg reported the Finance and Administrative Services Committee held their
decision until hearing a report from Dave Wareing, Sheriffs Office.
Regular Council Minutes, 10/3/95, Page 2
Dave Wareing, Sheriffs Office, gave a report.
There was discussion on the matter.
Bob Woods, Council Budget and Program Analyst, commented.
Starkenburg moved approval of the agreement.
Motion carried unanimously.
PUBLIC HEARINGS
1. ORDINANCE AMENDING THE LYNDEN NOOKSACK VALLEY
SUBAREA COMPREHENSIVE PLAN MAP AND THE WHATCOM
COUNTY ZONING MAP FROM RURAL FIVE ACRES (R5A) TO
RESIDENTIAL RURAL (RR2) FOR APPROXIMATELY 5.06 ACRES
(AB95 -361) (FROM 9119195)
report.
Dawson opened the public hearing, and the following people spoke:
Jeff Griffen, Planning Division of Planning and Development Services, gave a staff
Jack Boxx, petitioner for rezone, 270 E. Laurel Road
Hearing no one else, the hearing was closed.
There was further discussion.
Nelson moved approval for the rezone.
There was further discussion.
Motion carried 4 -3 with Henderson, Imhof and Harris opposed.
2. REQUEST FOR COUNCIL TO REVISIT A CONDITION OF THE FINAL
ORDER OF VACATION, BRANNIAN LAKE SHORE PLAT, FILED BY
LEN ANDREWS (AB94 -101C)
Dawson opened the public hearing, and the following person spoke:
Len Andrews, 3838 South Bay Drive (vacated property owner)
Hearing no one else, the hearing was closed.
Regular Council Minutes, 10/3/95, Page 3
Ed Henken, Engineering, also spoke.
Imhof moved to revisit the condition to allow the use of the mound drainage system
as described in the document (restriction cutting down the trees).
Motion carried unanimously.
3. RESOLUTION TO SELL SURPLUS VEHICLES AND EQUIPMENT
(AB95 -372A)
Dawson opened the public hearing, and no one spoke.
The hearing was closed.
Nelson moved approval.
Motion carried 6 -0 with Imhof absent.
4. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
PROPERTY (PARCEL NO. 380224-107015) WITHOUT BIDS (REQ #95 -5)
(AB95 -380A)
Dawson opened the public hearing, and no one spoke.
The hearing was closed.
Starkenburg moved approval.
Motion carried 6 -0 with Imhof absent.
5. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED TAX
TITLE PROPERTY (PARCEL NO. 380328 - 061426) TO THE CITY OF
BELLINGHAM (REQ #95 -6) (AB95 -381A)
Dawson opened the public hearing, and no one spoke.
The hearing was closed.
Henderson moved approval.
Motion carried 6 -0 with Imhof absent.
Regular Council Minutes, 10/3/95, Page 4
6. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
PROPERTY KNOWN AS THE CUSTER SCHOOL ROAD SHOP (REQ
#95 -7) (AB95 -382A)
Dawson opened the public hearing, and no one spoke.
The hearing was closed.
Brenner moved approval.
Motion carried 6 -0 with Imhof absent.
7. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
PROPERTY (PARCEL NO. 370407 - 436451) (REQ #95 -8) (AB95 -383A)
Dawson opened the public hearing, and no one spoke.
The hearing was closed.
Starkenburg moved approval.
Motion carried 6 -0 with Imhof absent.
8. DRAFT URBAN GROWTH AREA INTERLOCAL COOPERATION
AGREEMENT (AB95 -343A)
Vickie Hardin - Woods, Planning and Development Services, gave a staff report.
Dan Gibson, Senior Deputy Prosecuting Attorney, commented. Discussion followed.
Dawson opened the public hearing, and the following people spoke:
Lesa Starkenburg - Kroontje, 115 Front Street, Lynden
Skip Richards
Hearing no one else, the hearing was closed:
There was discussion on the best process to be used in dealing with the agreement.
Nelson moved to discuss the agreement in an executive work session.
Motion carried unanimously.
Regular Council Minutes, 10/3/95, Page 5
Discussion followed with Vickie Hardin -Woods regarding the timeline of agreement
approval.
OTHER ITEMS
1. ORDINANCE REVISING WHATCOM COUNTY CODE 1.10,
PROCEDURES FOR MANAGEMENT AND DISPOSITION OF
COUNTY -OWNED PERSONAL AND REAL PROPERTY (AB95 -384)
Starkenburg reported for Finance and Administrative Services Committee and moved
approval.
Motion carried unanimously.
2. REPORT FROM COMMITTEE AND POSSIBLE ACTION REGARDING
THE 1994 FORMATION OF A NO- SHOOTING ZONE IN THE NELSON
ROAD AREA (ORDINANCE 94 -013) (AB94 -054A) (FROM 9/19)
Nelson reported for Planning and Development Committee and stated this was held
in committee for one month to allow proponents to gather the rest of the 60% of signatures.
Only 37% was originally gathered.
3. ORDINANCE AMENDING THE LYNDEN NOOKSACK VALLEY
SUBAREA COMPREHENSIVE PLAN MAP AND THE WHATCOM
COUNTY ZONING MAP FROM AGRICULTURE (AG) TO RURAL
FIVE ACRES (R5A) FOR APPROXIMATELY 31.65 ACRES SUBJECT
TO A CONCOMITANT AGREEMENT IMPLEMENTING TERMS
RECOMMENDED BY THE PLANNING COMMISSION (AB95 -362)
Nelson reported for Planning and Development Committee and moved approval.
Starkenburg noted he was concerned about an appearance of fairness issue. No one
else was.
Vickie Hardin - Woods, Planning and Development Services, gave a history of the
property.
Motion carried 6 -1 with Imhof opposed.
4. REQUEST TO DISSOLVE WHATCOM COUNTY TELEVISION
RECEPTION IMPROVEMENT DISTRICT #1 (AB95 -392)
Imhof moved approval.
Regular Council Minutes, 10/3/95, Page 6
Motion carried unanimously.
5. EXTENSION OF DEADLINE FOR COUNCIL DECISION ON
AMENDMENT NO. 1 TO THE WHATCOM COUNTY WATER
DISTRICT NO. 10 COMPREHENSIVE WATER AND SEWER PLAN
(AB95 -319B)
Bob Woods, Council Budget and Program Analyst, gave a report.
Imhof moved approval with the condition of extension to October 31, 1995.
Motion carried unanimously.
6. RECEIPT OF RESIGNATIONS FROM CEMETERY DISTRICT 2
COMMISSIONERS RICHARD HOLLAND, MOLLY HARMONY, AND
MARY LEE SWOPE (AB95 -404) (RESIGNATIONS RECEIVED IN THE
COUNTY AUDITOR'S OFFICE SEPTEMBER 28, 1995)
Dan Gibson, Council's counsel, gave a report on what the proper procedure should
be.
Nelson moved to nominate the two positions in two weeks without advertising,
contingent upon no one applying.
(Clerk's Note: This motion was made "without advertising" contingent upon no one
applying for this position. Hopefully, two people would apply for this position and would then
be appointed, eliminating the expense of advertising.)
Motion carried unanimously.
Dawson moved to accept the resignations.
Motion carried 6 -1 with Imhof opposed.
7. RESOLUTION SUPPORTING THE MOORAGE OF THE U.S.S.
MISSOURI AT BREMERTON (AB95 -403)
Harris moved approval.
Motion carried unanimously.
Regular Council Minutes, 10/3/95, Page 7
INTRODUCTION ITEMS
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION OF
HEARING EXAMINER FILE NUMBERS SHV 94 -0016 AND SHS 94 -0024,
FILED BY JEFF AND JUDY FRERE (AB95 -346)
2 RESOLUTION DISSOLVING WHATCOM COUNTY TELEVISION
RECEPTION IMPROVEMENT DISTRICT #1 (AB95 -392A) (HEARING TO
BE SCHEDULED)
3. RECEIPT OF PETITION IN SUPPORT OF PROPOSED MERGER OF
HOSPITAL DISTRICT #1 AND HOSPITAL DISTRICT #304, SKAGIT
COUNTY (A. PORTION OF HOSPITAL DISTRICT #304 LIES IN
EASTERN WHATCOM COUNTY) (AB95 -391) (HEARING TO BE
SCHEDULED)
4. AN ORDINANCE INSTALLING STOP SIGNS ON HOPEWELL ROAD
AT SIPER ROAD AND GOODWIN ROAD (AB95 -398) (HEARING TO
BE SCHEDULED)
5. ORDINANCE AMENDING THE BUDGET, REQUEST NO.11, IN THE
AMOUNT OF $267,236 (AB95 -399)
6. INTERIM ZONING CONTROL ORDINANCE MODIFYING OPEN
SPACE REQUIREMENTS IN LII, HII, AND GM ZONES (AB95 -400)
(HEARING TO BE SCHEDULED)
Brenner moved approval of the introduction items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Consolidation of Skagit County Hospital Districts #304 and #1 (AB95 -391):
Dan Gibson, Council's counsel, requested setting a public hearing time and place
regarding the consolidation of Skagit County Hospital Districts #304 and #1.
Henderson moved to hold a public hearing at the regularly- scheduled Council
meeting on October 17.
Motion carried unanimously.
Regular Council Minutes, 10/3/95, Page 8
1 Lummi On- Reservation Issues (AB95 -368): Dan Gibson reported on a meeting
2 he attended today regarding Lummi water negotiations. Non - Indian landowners will be
3 considered part of the state team during the negotiations. Also, a community
4 educational process needs to be established promoting progress and the purpose of the
5 negotiations.
6
7 Dawson announced the Planning and Development Committee will attend the
8 October 12 meeting of the Planning Commission to express the Council's appreciation
9 for all the commissioner's hard work. The Commission meets at 7 p.m. All Council
10 members were invited to attend.
11
12 Internal Audit Report Review (AB95 -364): Starkenburg, Chair of Finance and
13 Administrative Services Committee, reported on the audit report given at the last
14 meeting. He stated more discussion will be held.
15
16 Compost (AB95 -132): Starkenburg reported regarding procedure of compost
17 negotiations. He asked how the Council should proceed. Starkenburg requested a work
18 session, then a public hearing with the document showing strikeouts and changes.
19 Harris urged the Council to have a public hearing before making any changes.
20 Approved 6 -1 (Imhof against). There will be a public hearing on Tuesday, October 10.
21
22 Budget (95- 276C): Starkenburg reminded all of the budget hearings.
23
24 Harris noted the Regional Support Network (Mental Health) is going through
25 structural changes which will affect the County. The Local mental health advisory board
26 is meeting Friday, October 6, in the Hearing Examiner's Office at 1 p.m. He urged
27 Council members to attend.
28
29 Imhof has scheduled an auction item for the WACO conference in November.
30 Henderson volunteered his airplane and one night's lodging at a bed and breakfast.
31
32 Council as Health Board (AB95 -004): Bob Woods, County Budget and Program
33 Analyst, reported he is preparing an ordinance clarifying the procedure.
34
35 Shellfish Advisory Committee (AB95- 197E): Bob Woods, County Budget and
36 Program Analyst, noted they will meet on October 12 at 7 p.m. in the Blaine Library.
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Regular Council Minutes, 10/3/95, Page 9
1 ADJOURN
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3 The meeting was adjourne d
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10 Jill Nixon, Recording Secretary
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14 ATTEST:
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at 9:40 p.m.
These minutes were approved by the Council on November 21, , 1995.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Mbrlene Dawson, Acting Council Chair
Regular Council Minutes, 10/3/95, Page 10