HomeMy WebLinkAboutCouncil September 19 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
September 19, 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:
Barbara Brenner
Alvin Starkenburg
Larry Harris
Ken Henderson
Ward Nelson
ANNOUNCEMENTS
Absent:
Marlene Dawson
Imhof announced that during executive session no conclusion was reached on pending
litigation due to lack of information. This item needs to be rescheduled (AB95 -373).
Washington Association of Counties' meeting will be held at Semiahmoo this year.
Imhof requested ideas for the auction.
READING AND APPROVAL OF MINUTES of the July 18, August 1, and August 15, 1995
regular Council meetings; the August 1, August 15, and September 5, 1995 Committee of
the Whole meetings; and the July 26 and August 8, 1995 special Council meetings.
Starkenburg moved approval of the minutes as presented.
Motion to approve carried unanimously.
SPECIAL PRESENTATION
SPECIAL PRESENTATION BY MEMBERS OF THE RECYCLING
ECONOMIC DEVELOPMENT OPPORTUNITIES (REDO) STEERING
COMMITTEE ON IMPLEMENTATION OF REDO STRATEGIES (AB95-
201 C)
Breck Anderson, member of the task force (volunteer group), gave a presentation as
a private individual on ideas to address recycling. Goals he specified are: regulatory
reform, finance, education and technical assistance, partnerships and linkages among
organizations, and information clearinghouse.
Raynel] Diehl also presented. information to the Council.
Regular Council Minutes, 9/19/95, Page 1
Mark York, owner of an environmental consulting firm, also spoke to the Council
regarding recycling.
A handout was presented to the Council and the Clerk.
Starkenburg asked if this presentation has anything to do with the 1996 budget. Kelly
Linville, a member of the task force, answered that it is not a direct budget request to the
Council but a presentation of information to the Council. She further explained that much
of this was the result of previous funding.
Fred Miller explained more .of the financial background.
ANNOUNCEMENTS
Imhof announced that he needs a Council member to volunteer to canvass at the next
election (Thursday, September and Friday, September 29). Harris volunteered for the 29th.
Marlene was volunteered for Thursday.
OPEN SESSION
The following people addressed the Council:
Larry Baker, 3921 Nelson Road, Deming: No shooting zone in Nelson Road area
that was approved last year. He feels the original petition was invalid because only 38% of
the signatures was obtained (AB94- 054A).
Dan Gibson explained that it is necessary to obtain 60% of the property owners'
signatures. He further explained that each petition is accompanied by an attestation that
60% of the signatures has been obtained. He told the Council that there are a variety of
options they may take. He explained that the Council must do something in order to
invalidate the ordinance adopting the no shooting zone.
Nelson moved to rescind the ordinance. Imhof explained that an ordinance cannot
be rescinded.
Imhof moved to put in this Planning and Development Services Committee.
Engineering will research the property owners' signature situation.
Jonathan Sitkin, 1616 Cornwall, Suite 209: Dennis Feathers' rezone (AB95 -363 and
AB95 -357)
Leroy Deardorff, Lummi Natural Resources: Flood funding for the Nooksack (AB95 -
222)
Josselyn Winslow: Humans Services Task Force (AB95 -367)
Regular Council Minutes, 9/19/95, Page 2
CONSENT AGENDA
Starkenburg reported for Finance and Administrative Services Committee and
recommended approval.
Starkenburg requested item 18 be removed from consent.
Motion to approve all except 18 carried unanimously.
On Item 18, Starkenburg moved to (1) request a written report from the Health
Officer regarding the termination of the contract to service the Jail during 1995 and (2)
request Dr. James to discuss this issue with the County Executive.
Motion carried unanimously.
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH EIS INTERNATIONAL FOR
DEVELOPMENT OF A CROSS - BORDER HAZARDOUS MATERIALS
RESPONSE PLAN AND EXERCISE TRAINING PROGRAM IN THE
BASE AMOUNT OF $23,900 PLUS REASONABLE EXPENSES (AB95-
374)
2. REQUEST. FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH HOME PORT LEARNING
CENTER FOR EDUCATIONAL SERVICES TO JUVENILE
OFFENDERS SERVED BY CONSOLIDATED JUVENILE SERVICES
FOR THE PERIOD OCTOBER 1, 1995 THROUGH AUGUST 31, 1996
IN THE TOTAL AMOUNT OF $65,000 (AB95 -375)
3. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO AN AGREEMENT WITH CREDIT BUREAU OF
WHATCOM COUNTY, INC., DBA NORTH WASHINGTON
COLLECTIONS, FOR COLLECTION SERVICES, FOR A PERIOD OF
ONE YEAR COMMENCING OCTOBER 1, 1995 (AB95 -376)
4. BID AWARD RECOMMENDATION FOR PURCHASE OF EIGHT
POLICE SEDANS FROM THE LOW BIDDER, DIEHL FORD, IN THE
TOTAL AMOUNT OF $164,821.89 (AB95 -377)
5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A THREE -MONTH EXTENSION OF AN AGREEMENT
WITH CASCADE VOCATIONAL SERVICES FOR INDIVIDUAL
EMPLOYMENT SERVICES IN THE AMOUNT OF $21,960 (AB95-
283A)
Regular Council Minutes, 9/19/95, Page 3
6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A THREE -MONTH EXTENSION OF AN AGREEMENT
WITH CURRENT INDUSTRIES TO PROVIDE SPECIALIZED AND
SUPPORTED EMPLOYMENT SERVICES IN THE AMOUNT OF
$49,403.52 (AB95 -282A)
7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A THREE -MONTH EXTENSION OF AN AGREEMENT
WITH KULSHAN SUPPORTED EMPLOYMENT TO PROVIDE
INDIVIDUAL EMPLOYMENT SERVICES IN THE AMOUNT OF
$24,390 (AB95 -284A)
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A THREE -MONTH EXTENSION OF AN AGREEMENT
WITH LOCAL FOCUS TO PROVIDE COMMUNITY ACCESS
SERVICES IN THE AMOUNT OF $12,137.40 (AB95 -285A)
9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A THREE -MONTH EXTENSION OF AN AGREEMENT
WITH NORTHWEST INDUSTRIES TO PROVIDE SPECIALIZED
EMPLOYMENT SERVICES IN THE AMOUNT OF 46,812.36 (AB95 -
286A)
10. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A THREE -MONTH EXTENSION OF AN AGREEMENT
WITH SENIOR COMMUNITY SERVICES TO PROVIDE SENIOR
COMMUNITY ACCESS SERVICES IN THE AMOUNT OF $10,108.80
(AB95 -378)
11. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A THREE -MONTH EXTENSION OF AN AGREEMENT
WITH WHATCOM CENTER FOR EARLY LEARNING TO PROVIDE
CHILD DEVELOPMENT SERVICES IN THE AMOUNT OF $24,235.20
(AB95 -328A)
12. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO
ENTER INTO A THREE -MONTH EXTENSION OF AN AGREEMENT
WITH VANGARD NORTHWEST FOR SPECIALIZED AND
INDIVIDUAL EMPLOYMENT SERVICES IN THE AMOUNT OF
$42,519 (AB95 -327A)
13. RESOLUTION SETTING A HEARING ON THE SALE OF SURPLUS
VEHICLES AND EQUIPMENT (AB95 -372)
Regular Council Minutes, 9/19/95, Page 4
14. RESOLUTION SETTING A HEARING AND NOTICE OF HEARING
ON THE SALE OF COUNTY -OWNED PROPERTY (PARCEL NO.
380224 - 107015) (REQ #95 -5) (AB95 -380)
15. RESOLUTION SETTING A HEARING AND NOTICE OF HEARING
ON THE SALE OF COUNTY -OWNED TAX TITLE PROPERTY
(PARCEL NO. 380328 - 061426) TO THE CITY OF BELLINGHAM
(REQ. #95 -6) (AB95 -381)
16. RESOLUTION SETTING A HEARING AND NOTICE OF HEARING
ON THE SALE OF COUNTY -OWNED PROPERTY KNOWN AS THE
CUSTER SCHOOL ROAD SHOP (REQ #95 -7) (AB95 -382)
17. RESOLUTION SETTING A HEARING AND NOTICE OF HEARING
ON THE SALE OF COUNTY -OWNED PROPERTY (PARCEL NO.
370407 - 436451) (REQ #95 -8) (AB95 -383)
18. REVIEW OF CONTRACT BETWEEN WHATCOM VISITING
NURSES PERSONAL SERVICES AND THE WHATCOM .COUNTY
JAIL (AB95 -379)
PUBLIC HEARINGS
1. RESOLUTION DONATING THE PASSENGER LAUNCH "PLOVER"
TO THE WHATCOM MARITIME HISTORICAL SOCIETY (AB95 -
356A)
Imhof opened the public hearing, and the following people spoke:
Roger DeSpain, Whatcom County Parks
Conrad Dancer: Recreation vehicles (Imhof explained that this was not the
correct time to address this issue)
Hearing no one else, Imhof closed the public hearing.
Starkenburg moved approval.
Motion carried unanimously.
OTHER ITEMS
1. ORDINANCE REQUESTING MODIFICATIONS TO APPROVED 1995
BUDGET (AMENDMENT #10) TO PROVIDE CONTINUED
Regular Council Minutes, 9/19/95, Page 5
FUNDING FOR SEVERAL LOCAL CAPACITY DEVELOPMENT
PROGRAMS OF THE HEALTH DEPARTMENT (AB95 -359)
Starkenburg reported for Finance and Administrative Services Committee and
moved approval.
Motion to approve carried unanimously.
2. DISCUSSION REGARDING CLOSURE OF NON - MANDATED
FUNDS (AB95 -297)
Starkenburg reported for Finance and Administrative Services Committee. He
reported that the committee recommended the following funds be closed: Health, Solid
Waste, Conservation Futures, Law Library, and Parks and Recreation. These funds
would become part of the Current Expense Fund.
Starkenburg moved to consolidated the Health, Solid Waste, Conservation
Futures, Law Library, and Parks and Recreations Funds into Current Expense.
Henderson moved to remove the Park and Recreation Fund from the list.
Motion to amend failed 2 -4 with Henderson and Harris in favor.
Harris moved to amend by removing the Health Fund from the list.
Motion to amend failed 2 -4 with Henderson and Harris in favor.
Main motion carried 5 -1 with Harris opposed.
Bob Woods, Council Budget and Program Analyst, explained that an ordinance
would need to be adopted.
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.21,
BOARD OF EQUALIZATION (AB95 -350)
Starkenburg reported for Finance and Administrative Services Committee and
moved approval.
Motion to adopt carried unanimously.
4. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.10, SOLID
WASTE AND RESIDENTIAL COLLECTION SERVICE LEVEL (AB95 -
344)
Regular Council Minutes, 9/19/95, Page 6
Brenner reported for Public Services and Capital Projects Committee and moved
approval with staff recommendations (page 189 of the packet).
Motion to adopt carried unanimously.
5. RESOLUTION ESTABLISHING A COMMITTEE TO REVIEW HUMAN
SERVICES IN WHATCOM COUNTY (AB95 -367)
Brenner reported for Public Services and Capital Projects Committee and moved
approval.
Brenner moved to amend line 10 to include, "WHEREAS, public access to :and
Motion to amend carried unanimously.
Brenner moved to amend line 14 to include "...appointed #z�_ I..."
Motion to amend carried unanimously.
Main motion carried unanimously.
Brenner moved to have Public Works and Capital Projects Committee and all
Council members who desire to be involved make recommendation of applicants to
Council.
Motion carried unanimously.
6. DISCUSSION REGARDING AMENDING TITLE 20, THE OFFICIAL
WHATCOM COUNTY ZONING CODE, TO ALLOW FOR PRIVATE,
NON - COMMERCIAL, TEMPORARY RECREATIONAL VEHICLES
ON LOTS WITHIN RURAL FORESTRY ZONES (AB95 -351)
Nelson reported for Planning and Development Services Committee and. moved
to refer to Planning Commission.
Motion carried unanimously.
7. ORDINANCE AMENDING THE LYNDEN NOOKSACK VALLEY
SUBAREA COMPREHENSIVE PLAN MAP FROM RURAL TO
GENERAL COMMERCIAL AND THE WHATCOM COUNTY
ZONING MAP FROM RURAL ONE UNIT PER TWO ACRES (R2A)
TO GENERAL COMMERCIAL (GC) FOR APPROXIMATELY FOUR
ACRES (AB95 -360)
Regular Council Minutes, 9/19/95, Page 7
Nelson reported for Planning and Development Services Committee and moved
to adopt.
Motion carried unanimously.
8. 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)
Nelson reported for Planning and Development Services Committee and moved
to schedule a hearing on this item.
Motion carried unanimously.
9. ORDINANCE AMENDING THE FOOTHILLS SUBAREA
COMPREHENSIVE PLAN MAP AND THE WHATCOM COUNTY
ZONING MAP FROM RURAL FORESTRY (RF) TO RURAL FIVE
ACRES (R5A) FOR APPROXIMATELY 20.44 ACRES EAST OF
SILVER LAKE (AB95 -363)
Nelson reported for Planning and Development Services Committee and moved
adoption.
Motion to adopt failed 3 -3 with Starkenburg, Brenner, and Nelson in favor.
10. DISCUSSION AND POSSIBLE ACTION REGARDING THE 1994
FORMATION OF A NO- SHOOTING ZONE IN THE NELSON ROAD
AREA (ORDINANCE 94 -013) (AB94 -054A)
This item was held in Committee.
11. REQUEST FOR APPROVAL OF A CLASS A LIQUOR LICENSE
APPLIED FOR BY MARIA ANA DIAZ FOR LA BAMBA
RESTAURANT (AB95 -385)
Starkenburg moved approval.
Motion carried unanimously.
12. REQUEST FOR APPROVAL OF A CLASS E & F LIQUOR LICENSE
APPLIED FOR BY MAGDY MAURICE SALEEB AND SAMIR ZAKI
SALEEB FOR FORT BELLINGHAM MARKET & DELI (AB95 -386)
Regular Council Minutes, 9/19/95, Page 8
Starkenburg moved approval.
Motion carried unanimously.
13. APPLICATION FOR A CLASS E & F LIQUOR LICENSE BY LUMMI
INDIAN COUNCIL FOR LUMMI MINI -MART (AB95 -387)
Starkenburg moved approval.
There was discussion on the motion.
Starkenburg withdrew his motion to approve. No further action was taken.
The Council recessed the meeting of the County Council and convened a meeting
of the Flood Control Zone District Board of Supervisors.
14. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT FUNDING MECHANISM AND
REAUTHORIZING COLLECTION OF CHARGES (AB95 -222)
Imhof moved approval of the resolution.
John Matzinger, River and Flood Division, answered questions from the Council.
He explained the following: 37% would be .spent on flood repair; the overtopping levy is
too small; the Sumas overflow of 16% is being designed; the levy maintenance of $40,000
is not sufficient; environment. mitigation; and FEMA.
There was discussion.
Starkenburg moved to amend the motion to approve funding for two years at 50%
of the rate.
There was further discussion.
Motion to amend failed 3 -3 with Harris, Brenner and Imhof opposed.
Henderson moved on page 295, lines 25 -26 to reduce the amount to 15% of the
total. Qualifying areas are Bellingham, Blaine, or any flood subzone created outside the
Nooksack flood zone area.
Motion failed 1 -5 with Henderson in favor.
Brenner moved to reconsider the motion to approve funding for two years at 50%
of the rate.
Regular Council Minutes, 9/19/95, Page 9
Motion to reconsider carried 4 -2 with Imhof and Henderson opposed.
Motion to approve funding for two years at 50% of the rate carried 4 -2 with
Imhof and Henderson opposed.
Bob Mitchell, subchair of Flood Control Zone Committee, answered 'questions
from the Council.
Nelson moved to delete item C p.•- 295: "Cities not loeated within the
U_ i i i • i i i i i i i i
Em-,
i i - i• i • M. i
Motion to amend carried 5 -1 with Harris opposed.
Main amended motion to approve carried 5 -1 with Brenner opposed.
The Flood Control Zone District Board of Supervisors was adjourned and the
County Council meeting was reconvened.
15. REQUEST FOR DENIAL OF THE FEATHERS REZONE FOR
APPROXIMATELY 30 ACRES IN THE FOOTHILLS SUBAREA
(R10A to R5A) (AB95 -357)
Nelson reported for Planning and Development Committee and moved to
schedule a hearing.
Motion carried unanimously.
INTRODUCTION ITEMS
1. REQUEST FOR COUNCIL TO REVISIT A CONDITION OF THE
FINAL ORDER OF VACATION, BRANNIAN LAKE SHORE PLAT,
FILED BY LEN ANDREWS (AB94 -101C) (HEARING TO BE SCHEDULED
ON THE CONDITION ONLY)
2. RESOLUTION TO SELL SURPLUS VEHICLES AND EQUIPMENT
(AB95 -372A) (HEARING TO BE SCHEDULED)
3. ORDINANCE REVISING WHATCOM COUNTY CODE 1.10,
PROCEDURES FOR MANAGEMENT AND DISPOSITION OF
COUNTY -OWNED PERSONAL AND REAL PROPERTY (AB95 -384)
Regular Council Minutes, 9/19/95, Page 10
4. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
PROPERTY (PARCEL NO. 380224 - 107015) WITHOUT BIDS (REQ
#95 -5) (AB95 -380A) (HEARING TO BE SCHEDULED)
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) (HEARING TO BE
SCHEDULED)
6. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
PROPERTY KNOWN AS THE CUSTER SCHOOL ROAD SHOP (REQ
#95 -7) (AB95 -382A) (HEARING TO BE SCHEDULED)
7. RESOLUTION AUTHORIZING THE SALE OF COUNTY -OWNED
PROPERTY (PARCEL NO. 370407 - 436451) (REQ #95 -8) (AB95 -383A)
(HEARING TO BE SCHEDULED)
8. DRAFT URBAN GROWTH AREA INTERLOCAL COOPERATION
AGREEMENT (AB95 -343A) (HEARING TO BE SCHEDULED)
Brenner moved acceptance of the introduction items.
Motion carried unanimously.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Budget (AB95- 276C): Starkenburg reminded all Council members to review the
budget process schedule.
On- Reservation Issues with Negotiation Process (AB95- 368A): The second
resolution that was worked through at the work session on September 12 will be
forwarded to the appropriate bodies.
Critical Areas Ordinance (AB95- 189A): Council's counsel, Dan Gibson, alerted
Council members as to timing for a meeting with the state the first week in October (2,
4, or 6).
Regular Council Minutes, 9/19/95, Page 11
ADJOURN
The meeting was adjourned at 9:40 p.m.
These minutes were approved by the Council on November 21, , 1995.
ATTEST:
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 9/19/95, Page 12