HomeMy WebLinkAboutCouncil October 31 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
October 31, 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
Larry Harris
Alvin Starkenburg
Ken Henderson
Ward Nelson
Barbara Brenner
ANNOUNCEMENTS
Imhof announced that during executive session the appeal of the Hearing
Examiner's decision filed by Nelson was discussed (AB94 -459).
Imhof moved to overturn the Hearing Examiner's decision and allow dock
construction to the terms and conditions of County staff.
Motion carried 5 -2 with Henderson and Harris opposed.
Imhof also announced that during executive session the appeal of the Hearing
Examiner's decision filed by Kline was discussed (AB95 -215).
Imhof moved to overturn the Hearing Examiner's decision and allow the 252 sq ft
addition to the residence at Cain Lake.
Motion carried unanimously.
Additionally, Imhof announced that during executive session the appeal of the
Hearing Examiner's decision filed by Frere was discussed (AB95 -346).
Imhof moved to overturn the Hearing Examiner's decision and allow dock
construction to the terms and conditions of County staff.
Motion carried 4 -3 with Henderson, Harris and Brenner opposed.
Regular Council Minutes, 10/31/95, Page 1
1 Imhof announced that in executive session they also discussed pending litigation
2 (AB92 -371).
3
4 Imhof moved to accept the settlement on the Weinberg case which has been
5 made with the Department of Ecology as conditioned.
6
7 Motion carried unanimously.
8
9 SPECIAL PRESENTATION
10
11 WHATCOM SELF -HELP HOMES' APPLICATION FOR A
12 COMMUNITY DEVELOPMENT BLOCK GRANT (AB95 -427)
13
14 Linda Larshus, President of Self -Help Homes, gave a presentation on the Self -
15 Help Home Program. She explained how the process works and that a 1,200 hour
16 commitment is required by those who qualify for those homes. She introduced Mr. Paul
17 Schissler, who is helping with this project. He stated the application would be prepared
18 by Self -Help Homes for review and submitted by the County to the state. He requested
19 authorization to take that step.
20
21 Mike Roberts, President of Energy Homes in Point Roberts, spoke in support of
22 this issue.
23
24 FOR COUNCIL ACTION. -
25
26 RESOLUTION AUTHORIZING THE ADMINISTRATION TO APPLY
27 FOR A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE
28 AMOUNT OF $500,000 (AB95 -427)
29
30 Brenner moved approval of the resolution.
31
32 Imhof moved to amend on page 1, line 7 and page 2, line 2 to change the word
33 "authorize" to "request ".
34
35 Friendly amendment was accepted by Brenner.
36
37 Motion carried unanimously.
38
39 The written record is to be left open until November 12 at 5 p.m. Written
40 comments will be forwarded to the state.
41
42 OPEN SESSION
43
44 The following people addressed the Council:
Regular Council Minutes, 10/31/95, Page 2
1 Josselyn Winslow: North Sound Regional Support Network (AB94 -143)
2 Tom Richardson, 3005 Haxton Way: North Sound Regional Support Network
3 (AB94 -143)
4
5 CONSENT AGENDA
6
7 1. BID AWARD RECOMMENDATION FOR JAIL FOOD SERVICE
8 SUPPLIES FOR NOVEMBER 1, 1995 THROUGH OCTOBER 31, 1996
9 TO MULTIPLE VENDORS FOR FRUITS AND VEGETABLES AND
10 TO LOW BIDDERS FOR DAIRY, BREADS AND GROCERIES (AB95-
11 429)
12
13 2. BID AWARD RECOMMENDATION FOR TWO ONE -TON TRUCKS
14 TO THE LOW BIDDER, PIONEER FORD, INC. IN THE TOTAL
15 AMOUNT OF $47,332.82 (AB95430)
16
17 3. RECOMMENDATION OF CONTRACT AWARD TO THE HIGHEST
18 RATED AND LOWEST BIDDER, JAMES G. MURPHY COMPANY,
19 FOR AUCTIONEERING SERVICES OF SURPLUS PROPERTY ON
20 AN AS- NEEDED BASIS, USING THE AUCTIONEER'S STAFF AND
21 FACILITY, FOR A PERIOD OF THREE YEARS (AB95 -431)
22
23 Starkenburg reported for Finance and Administrative Services Committee and
24 moved approval of all consent items.
25
26 Motion carried unanimously.
27
28 PUBLIC HEARINGS
29
30 1. AN ORDINANCE REGARDING ESTABLISHING SPEED LIMITS ON
31 ALL ROADS WITHIN THE PLATS OF PARADISE PARK, PARADISE
32 PROPERTIES AND PLAT OF GREENBROOK (AB95 -420)
33
34 Ed Henken, Engineering, explained the location of the speed limit change.
35
36 Imhof opened the public hearing; however, there were no speakers.
37
38 Imhof closed the public hearing.
39
40 Starkenburg moved to adopt the ordinance.
41
42 Motion carried unanimously.
43
44
Regular Council Minutes, 10/31/95, Page 3
2. AN ORDINANCE REGARDING INSTALLING STOP SIGNS ON
CERTAIN COUNTY ROADS IN THE NORTHERN PORTION OF
THE BIRCH BAY COMMUNITY (AB95 -421)
Ed Henken, Engineering, gave a brief staff report.
Imhof opened the public hearing; however, there were no speakers.
Imhof closed the public hearing.
Henderson moved to adopt the ordinance.
Motion carried unanimously.
3. ORDINANCE CLARIFYING PROCEDURES OF THE COUNCIL
WHEN ACTING IN OTHER CAPACITIES (AB95 -414)
Dan Gibson, Council's counsel, explained the reasoning behind this ordinance.
Imhof opened the public hearing, and the following person spoke:
Frank James, 3511 Chuckanut Avenue
Hearing no one else, Imhof closed the public hearing.
Brenner moved to adopt the ordinance.
Harris moved to add the following language to the ordinance on page 2, line 11
after the word council... .
There was discussion on the motion.
Motion to amend carried 6 -1 with Starkenburg opposed.
Henderson moved to strike the last sentence on page 2, lines 10 and 11.
Motion failed 2 -5 with Henderson and Harris in favor.
Motion to adopt as amended carried unanimously.
4. ORDINANCE ELIMINATING THE CONSERVATION FUTURES
PROPERTY TAX (AB95 -412)
Dan Gibson, Council's counsel, responded to a legal question.
Regular Council Minutes, 10/31/95, Page 4
Imhof opened the public hearing, and the following people spoke:
2
3
Rita Foley, South Lake Whatcom
4
Craig Cole
5
Gail Ludtke, 7369 Woodland Road, Ferndale
6
Tom Brown, 7024 Mt. Baker Highway
7
Dan Taylor
8
Kenneth Johnstone, 3765 Smith Road
9
Joan Casey, 1015 Toledo
10
Chris Meunsch
11
Bruce Smith, 300 N. Commercial, Bellingham
12
Tom Richardson, 3005 Haxton Way
13
Frank James, 3511 Chuckanut Avenue
14
Steve Reed, 1099 Sudden Valley
15
Keith Adderson, 900 Newell Street
16
17
Hearing no one else, Imhof closed the public hearing.
Nelson moved to adopt the ordinance.
30
31q ,and on page 1, lute 15, restoring:
32 "CONSERVATION FUTURES PROPERTY TAX LEVY ".
.. ...............................
39 Motion to amend failed 3 -4 with Henderson, Harris and Imhof in favor.
af,
41 Main amended motion to adopt carried 4 -3 with Henderson, Imhof and Harris
42 opposed.
43
44
Regular Council Minutes, 10/31/95, Page 5
1 OTHER ITEMS
2
3
1.
CONSIDERATION OF THE APPEAL OF THE HEARING
4
EXAMINER'S DECISION ON SHORELINE VARIANCE AND
5
SHORELINE PERMITS (SHV94 -0016 AND SHS94- 0024), FILED BY
6
JEFF AND JULY FRERE C/O JONATHAN K. SITKIN, ATTORNEY
7
AT LAW (AB95 -346)
8
9
See "Announcements ".
10
11
2.
CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
12
DECISION ON SHORELINE VARIANCE, (SHV 94- 0006), FILED BY LIN
13
AND LINDA NELSON (AB 94 -459)
14
15
See "Announcements ".
16
17
3.
CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER'S
18
DECISION ON SHORELINE VARIANCE, (SHV 95- 0001), FILED BY
19
MARGARET KLEIN (AB95 -215)
20
21
See "Announcements ".
22
23
4.
RESOLUTION REGARDING SUBMITTING THE LEVY OF THE
24
CONSERVATION FUTURES TAX TO THE VOTERS OF WHATCOM
25
COUNTY AT THE GENERAL ELECTION IN NOVEMBER OF 1996
26
(AB95 -428)
27
28
Henderson moved approval of the resolution.
29
30
Dan Gibson suggested deleting the reference to referring the resolution to the
31
Auditor. Henderson accepted the scrivener's change.
32
33
Motion to approve the resolution carried unanimously.
34
35
5.
RECEIPT AND DISCUSSION OF MEMORANDUM FROM
36
WHATCOM COUNTY HEALTH OFFICER DR. FRANK JAMES
37
REGARDING THE TRANSITION OF JAIL HEALTH SERVICES TO
38
THE PRIVATE SECTOR (AB95 -379)
39
40
Dr. James explained the history of the issue.
41
42
6.
REQUEST FOR CONFIRMATION OF APPOINTMENT OF DANIEL
43
W. TAYLOR TO THE PARKS AND RECREATION COMMISSION
44
FOR A FOUR -YEAR TERM TO END JUNE 30, 1999 (AB95 -438)
Regular Council Minutes, 10/31/95, Page 6
Dawson moved to confirm the appointment.
Motion carried unanimously.
7. RECEIPT AND POSSIBLE DISCUSSION OF THE REVISED
PROPOSEDCHANGES TO WHATCOM COUNTY CODE 24.05, SEWAGE
CONTROL REGULATIONS (AB94 -51) (AGENDA BILL AND
MEMORANDUM INCLUDED IN PACKET; DOCUMENT ON FILE)
Brenner moved to put this item in Public Works Committee and schedule a public
hearing.
Brenner amended her motion to schedule a public hearing only.
Motion carried unanimously.
8. NOMINATION AND APPOINTMENT OF MEMBERS TO SERVE ON THE
HUMAN SERVICES REVIEW COMMITTEE (AB95 -367A)
(Clerk's Note: A five- minute recess was taken.)
Imhof opened the nominations.
Henderson nominated Steve Omta, Chief Financial Officer, St. Joseph Hospital,
for the financial category.
Harris nominated the following for the concerned citizens category:
Lynn Day
Linda Thompson
Maryjo Tregelges
Elaine Walsh
Glen Hallman
Brenner added:
Art Anderson
Tom Richardson
Bruce Walton
Henderson added:
Lynn Blackwell
Josselyn Winslow
Lawrence Taylor
William Smith
Regina King
Karen Hyde
Susan Jewell
Bill Griffith
Jim Cozad
Regular Council Minutes, 10/31/95, Page 7
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8
L MEMBERS
NOMINEE
Blackwell, Hallman, Richardson, Smith, Taylor, Tregilgas,
Walton, Winslow
FDAWSON
Anderson, Blackwell, Griffith, Hallman, King, Tregilgas,
Walton, Winslow
R
Anderson, Cozad, Griffith, Hallman, Jewell, Richardson,
Tregilgas, Walton
HARRIS
Hallman, King, Richardson, Smith, Tregilgas, Walton, Winslow
STARKENBURG
Anderson, Hallman, Jewell, King, Richardson, Smith,
Tregilgas, Walton
HENDERSON
Blackwell, Cozad, Hallman, Richardson, Smith, Tregilgas,
Walton, Winslow
NELSON
Anderson, Blackwell, Hallman, Jewell, Richardson, Smith,
Walton, Winslow
Anderson, Blackwell, Hallman, Richardson, Smith, Tragilgus, Walton and Winslow
were appointed.
FINANCE NOMINATIONS:
Henderson moved to nominate Steve Omta.
Motion to appoint by acclamation carried unanimously.
I 1 1' •
Brenner nominated Susan Jewell, Rachael Grossman and Jeff Morgan.
Motion to appoint by acclamation carried unanimously.
DIRECT PROVIDERS:
Harris nominated Madelyn Lippert, John Reitz and Marty Snyder.
Nelson nominated Scott Reed and John Hooper.
Brenner nominated Tim Benson.
Regular Council Minutes, 10/31/95, Page 8
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COUNCIL MEMBER
NON41NEE
IMHOF
Hooper, Lippert, Reed
DAWSON
Lippert, Reed, Snyder
BRENNER
Benson, Reed, Snyder
HARRIS
Snyder, Reitz, Lippert
STARKENBURG
Reed, Benson, Lippert
HENDERSON
Snyder, Reed, Benson
NELSON
Hooper, Lippert, Reed
Those appointed were Reed, Snyder and Lippert.
INTRODUCTION ITEMS
1. RECEIPT OF APPEAL OF BUILDING OFFICIAL'S DECISION
REGARDING CIVIL PENALTIES AND PERMIT FEES, FILED BY
HARBOR LANDS (AB95 -425)
2. A RESOLUTION SUPPORTING A FUNDING CONTRIBUTION
FROM WHATCOM COUNTY FOR THE WHATCOM MUSEUM OF
HISTORY AND ART FOR WINDOW REPAIR IN THE TOTAL
AMOUNT OF $95,000 OVER A TWO -YEAR PERIOD (AB95 -432)
3. A RESOLUTION ADOPTING A SALARY SCHEDULE FOR THE
UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE
YEAR 1996 (AB95 -433)
4. A RESOLUTION ADOPTING THE 1996 SIX -YEAR PHYSICAL
PLANT AND FACILITIES CAPITAL PROGRAM RELATING TO
BUILDINGS AND FACILITIES FOR WHATCOM COUNTY (AB95-
434)
5. AN ORDINANCE ADOPTING THE 1996 WHATCOM COUNTY
UNIFIED FEE SCHEDULE (AB95 -435) (HEARING TO BE
SCHEDULED)
6. AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR
COUNTY AND STATE PURPOSES IN WHATCOM COUNTY FOR
THE YEAR OF 1996 (AB95 -436) (HEARING TO BE SCHEDULED)
Regular Council Minutes, 10/31/95, Page 9
1 7. AN ORDINANCE ADOPTING THE FINAL BUDGET OF WHATCOM
2 COUNTY FOR THE YEAR 1996 AND RESTRICTING THE
3 EXPENDITURE OF CERTAIN FUNDS THEREIN (AB95 -276D)
4 (HEARING TO BE SCHEDULED)
5
6 8. AN ORDINANCE ESTABLISHING THE ADMINISTRATIVE
7 SERVICES FUND AND CONSOLIDATION AND CLOSURE OF
8 VARIOUS OTHER FUNDS (AB95 -297A)
9
10 9. AN ORDINANCE AMENDING WHATCOM COUNTY BUDGET
11 ORDINANCE 94 -073 BY ADDING $25,000 TO THE CURRENT
12 EXPENSE FUND FOR LEAVE PAYOUT OF EMPLOYEES BEING
13 LAID OFF IN 1995 AND FOR EQUIPMENT REPLACEMENT IN THE
14 AMOUNT OF $29452 FOR THE DEVELOPMENTAL DISABILITIES
15 FUND (AB95 -437)
16
17 Brenner moved acceptance of the introduction items.
18
19 Motion carried unanimously.
20
21 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
22
23 Budget (AB95- 276A): Starkenburg reminded members of the hearings, especially
24 the Monday, November 6, evening meeting and the Saturday, November 11, meeting.
25
26 Gibson reported Growth Management Act Hearings Board meeting on Thursday
27 at the Federal Building.
28
29 ADJOURN
30
31 The meeting was adjourned at 10 p.m.
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35
36 c/
37 Marina McAllister, Recording Secretary
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Regular Council Minutes, 10/31/95, Page 10
1 These minutes were approved by the Council on December 12 , 1995.
2
3 ATTEST: WHATCOM COUNTY COUNCIL
4 WHATCOM COUNTY, WASHINGTON
5
1 D.�i
Regular Council Minutes, 10/31/95, Page 11