HomeMy WebLinkAboutCouncil September 5 1995WHATCOM COUNTY COUNCIL
Regular Council Meeting
September 5, 1995
The meeting was called to order at 7:05 p.m. by Council Chair Robert Imhof in
the Council Chambers, 311 Grand Avenue.
Also Present:
Marlene Dawson
Larry Harris
Alvin Starkenburg
Ken Henderson
Barbara Brenner
ANNOUNCEMENTS
Absent:
Ward Nelson
■ Imhof announced discussion in executive session with Senior Deputy Prosecutor
Daniel Gibson regarding potential litigation (AB95 -365). The Council gave instruction
to proceed with litigation.
■ Another executive session discussion item regarded the consideration of the
appeal of the Hearing Examiner's decision on CUP 94 -0071, filed by Dr. James Hines
(AB95 -230).
Harris moved to uphold the Hearing Examiner's decision.
Motion failed 3 -3 with Henderson, Imhof and Starkenburg opposed.
Starkenburg moved to reverse the Hearing Examiner's decision and request staff
to come up with appropriate conditions.
Motion carried 4 -2 with Brenner and Harris opposed.
■ The final executive session discussion was the consideration of the appeal of the
Hearing Examiner's decision on CUP 91 -0021, filed by Columbia Aggregates Inc. and W-
750 Holdings Ltd. (AB95 -296)
Brenner moved .to uphold the Hearing Examiner's decision.
Motion carried 5 -0 with Starkenburg abstaining due to a conflict of interest.
Regular Council Minutes, 9/5/95, Page 1
SPECIAL PRESENTATION
1. PRESENTATION OF INTERNAL AUDIT REPORT OF THE
PURCHASING AND ACCOUNTS PAYABLE SYSTEM BY KIM
HERRENKOHL, AUDITOR'S OFFICE (AB95 -364)
Shirley Forslof, Auditor, commended Terry .Hinz, Auditor's Office, for his
receiving a Professional Finance Officer Award, his fifth. She also gave an executive
summary of the internal auditor report.
Kim Herrenkohl, Internal Auditor, gave a presentation of the internal audit
report.
2. RESOLUTION SUPPORTING THE NATIONAL ENERGY SYSTEMS
COMPANY PROPOSED RESIDENTIAL WASTE RECYCLING
FACILITY PROJECT (AB95 -349)
Bruce Thompson, Executive Vice President of National Energy Systems Company,
presented a proposed residential waste recycling facility project for Sumas. On
September 28, Governor Lowery will meet in Sumas to discuss the recycling facility.
Further information will follow.
Imhof moved to approve the resolution.
Henderson requested the vote be taken after open session due to public input.
OPEN SESSION
272)
272)
332)
The following people spoke at open session:
MaryLou Orr, 3678 Waldron Drive: Lummi water issues (AB95 -272)
Rita Foley, South Lake Whatcom: Lummi water issues (AB95 -272)
Joe Burton: Sumas Recycling Plant (AB95 -349) and Lummi water issues (AB95-
Judy Morris, 4437 Salts Spring Drive, Sandy Point: Lummi water issues (AB95-
Linnea Smith, 2808 Leeward Way, Bellingham: Lummi water issues (AB95 -272)
Dale Petersen, 4052 Salt Spring Drive, Ferndale: Lummi water issues (AB95 -272)
Skip Richards: Property Rights and Ordinance amending County Code (AB95-
Carl Weimer, 5620 Deer Creek Drive: Compost Regulations (AB95 -601)
Regular Council Minutes, 9/5/95, Page 2
Martin VanBuren, 623 East Wiser Ridge: Ordinance amending County Code
(AB95 -332)
Robert Bezona, Lummi Shore Road: Lummi water issues (AB95 -272)
Richard Searson, Robinson Road: Lummi water issues (AB95 -272)
Bob Wiesen, 3314 Douglas Road, Ferndale: Ordinance amending County Code
(AB95 -332)
Greg Poster, 1536 North Lake: Ordinance amending County Code (AB95 -332)
Imhof moved to support the resolution for the Sumas residential recycling facility
project.
Motion carried 6 -0.
CONSENT AGENDA
Starkenburg moved to approve items 1, 2 and 5.
Motion carried 6 -0.
1. BID AWARD RECOMMENDATION TO REPLACE ROOF AT THE
PLANTATION RIFLE RANGE BUILDING TO THE LOW BIDDER,
WESTERN ROOFING CO., INC. IN THE TOTAL AMOUNT OF $26,939.22
(AB95 -352)
2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT FOR HYDROGEOLOGICAL INVESTIGATION
AND PRELIMINARY DESIGN SERVICES AT CEDARVILLE LANDFILL
WITH DAMES & MOORE IN AN AMOUNT NOT TO EXCEED $30,243
(AB95 -353)
3. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO
PROFESSIONAL SERVICES CONTRACT WITH MARILYN MCLEAN FOR
TEMPORARY ATTORNEY ASSISTANCE FOR THE PERIOD AUGUST 7,
1995 THROUGH DECEMBER 31, 1995 IN THE TOTAL AMOUNT OF
$12,780 (AB95 -354)
Starkenburg moved to recommend approval and waive the County RFP
requirements and amend the total to $16,088.
Motion to amend carried 6 -0.
Motion for approval carried 6 -0.
Regular Council Minutes, 9/5/95, Page 3
4. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER A
CONTRACT FOR RENEWAL OF 1995 -96 DRUG TASK FORCE GRANT
WITH THE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC
DEVELOPMENT FOR THE PERIOD 7/1/95 TO 6/30/96 IN THE TOTAL
AMOUNT OF $119,680 (AB95 -355)
Starkenburg recommended approval of the grant with the understanding of an
overhead amount of $6,752.40 for administrative costs.
Motion carried 6 -0.
5. REQUEST FOR APPROVAL OF A RESOLUTION TO SET A DATE FOR
PUBLIC HEARING TO CONSIDER DONATING THE PASSENGER
LAUNCH "PLOVER" TO THE WHATCOM MARITIME HISTORICAL
SOCIETY (AB95 -356)
OTHER ITEMS
1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH THE NORTHWEST WASHINGTON FAIR
CLARIFYING ITS RELATIONSHIP WITH THE COUNTY (AB95 -333)
Brenner reported for Public Works and Capital Projects Committee.
Brenner moved to approve the revised agreement contingent upon the approval of
the City of Lynden and the Fair Board.
............................. ...............................
Henderson moved to amend to include " :d rS r ai o :' ' "under the assets
:::.::.:.... P.: :.:. ...:...:.. :.....P....:.P�..:..Y
............................
where appropriate in the document.
Motion to amend carried 6 -0.
Motion to approve the agreement as amended carried 4 -1 with Henderson
opposed and Starkenburg abstaining due to appearance of fairness.
2. ORDINANCE ESTABLISHING THE NORTHWEST WASHINGTON FAIR AS
AN AREA FAIR (AB95 -333A)
Brenner reported for Public Works and Capital Projects Committee and
recommended approval of the ordinance.
Motion carried 5 -1 with Henderson opposed.
Regular Council Minutes, 9/5/95, Page 4
10. ORDINANCE AMENDING WHATCOM COUNTY CODE 8.10,
REGARDING SOLID WASTE AND RESIDENTIAL COLLECTION
SERVICE LEVEL ORDINANCE (AB95 -344)
Brenner reported on this item, stating that this was held in committee until
September 19, 1995.
3. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'S
DECISION ON CUP 94 -0071, FILED BY DR. JAMES HINES (AB95 -230)
See "Announcements ".
4. CONSIDERATION OF APPEAL OF THE HEARING EXAMINER'S
DECISION ON CUP 91 -0021, FILED BY COLUMBIA AGGREGATES
INC. AND W -750 HOLDINGS LTD. (AB95 296)
See "Announcements ".
5. DISCUSSION OF WHATCOM COUNTY DEVELOPMENT
STANDARDS, CHAPTER 2, STORMWATER MANAGEMENT
(VERSION DATED JULY 1995) (AB95 -325)
No action was taken by the Council.
6. AN ORDINANCE AMENDING WHATCOM COUNTY CODE
CHAPTER 15.04 AND ADOPTING, BY REFERENCE, THE 1994
EDITION OF THE UNIFORM BUILDING. CODE WAC 51 -30 AND
CERTAIN APPENDICES AND STANDARDS THERETO, EXCEPT AS
HEREIN MODIFIED, THE UNIFORM HOUSING CODE, THE
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS AND CERTAIN OTHER STANDARDS ADOPTED BY
THE STATE AND REPEALING WHATCOM COUNTY ORDINANCE
92 -057 (AB95 -332) (FROM 8/15)
Nate Brown, Director of Planning and Development Services, gave a staff report.
Harris moved to approve the ordinance.
Imhof moved to amend not to increase fees by striking lines 1 -5 page 162 of the
packet and restore lines 7 -30 and lines 1 -2 on page 163 of the packet.
Motion to amend 4 -2 carried with Harris and Henderson opposed.
Brenner moved to table this item for two weeks.
Regular Council Minutes, 9/5/95, Page 5
Motion failed 4 -2 with Brenner and Dawson in favor.
Motion to approve as amended carried 5 -1 with Brenner opposed.
7. NOMINATION AND APPOINTMENT OF MEMBERS TO SERVE ON
THE DRAYTON HARBOR SHELLFISH DISTRICT ADVISORY
COMMITTEE (AB95 -197E)
Harris gave background information on this item.
Harris recommended leaving the Port representative open.
Henderson reported that he received a call from Carol Bissell requesting removal
of her name.
ROLL CALL VOTE
Regular Council Minutes, 9/5/95, Page 6
K.H.
M.D.
W.N.
R.I.
L.H.
B.B.
A.S.
Chapman, David W.
X
X
X
X
X
X
Eames, Margaret
X
X
X
X
X
Fenton, Ray E.
X
Hansen, Janet G.
X
X
X
X
X
Hawkins, Charles S.
X
X
Jensen, Dale A.
X
Kardell, Margaret
X
X
X
X
X
McCafferty, James
Menzies, Geoffrey
X
X
X
X
Metzger, Rick
X
X
X
X
X
X
Phillips, G. Kenneth
X
X
X
X
X
X
Sarich, John
X
Sullivan, Laura
X
Whitewolf, Ravyn
X
X
X
Wick, Donald R.
X
X
Regular Council Minutes, 9/5/95, Page 6
Chapman, Eames, Hansen, Kardell, Menzies, Metzger, Phillips and Whitewolf
were appointed to the Committee.
Imhof requested the Port be notified that a representative from the Port is
needed. The Port representative's position will be left open until then.
8. DISCUSSION REGARDING AMENDING TITLE 20 TO ALLOW FOR
PRIVATE, NON - COMMERCIAL, TEMPORARY RECREATIONAL
VEHICLES ON LOTS WITHIN RURAL FORESTRY ZONES (AB95-
351)
There was much discussion.
Imhof asked to hear from the public.
The following people spoke:
Rita Foley, Sedro Woolley
Jim Henterly, 5777 Truck Road, Deming
Mike Swanson, 5852 Northwest Road, Ferndale
Terri Vossbeck, 1033 Sunset Ave.
Judy Demeyer, 5223 Graveline Road, Bellingham
This item will be placed on the Planning and Development Committee's agenda
for September 19, 1995. The people who spoke tonight will be notified of that meeting.
9. REQUEST FOR CONFIRMATION OF APPOINTMENTS AS
FOLLOWS (AB95 -358):
A. NORTHWEST SENIOR SERVICES BOARD: CLIFF
HENSEL AND LOIS MURPHY, EACH FOR A THREE -
YEAR TERM TO END JUNE 30, 1998
Imhof moved approval by acclamation.
Motion carried 6 -0.
B. MENTAL HEALTH ADVISORY BOARD: HY
ROSENFELD TO COMPLETE A TERM TO DECEMBER
31, 1995
Imhof moved approval by .acclamation.
Motion carried 6 -0.
Regular Council Minutes, 9/5/95, Page 7
INTRODUCTION ITEMS
Henderson moved to approve the introduction items.
Motion carried 6 -0.
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION
OF HEARING EXAMINER FILE NO. 94 -0021, FILED BY MICHAEL
HICKEY (AB95 -064)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.21, BOARD OF
EQUALIZATION (AB95 -350)
3. ORDINANCE REQUESTING MODIFICATIONS TO APPROVED 1995
BUDGET (AMENDMENT #10) TO PROVIDE CONTINUED
FUNDING FOR SEVERAL LOCAL CAPACITY DEVELOPMENT
PROGRAMS OF THE HEALTH DEPARTMENT (AB95 -359)
4. 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)
5. 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)
6. 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)
7. 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)
Regular Council Minutes, 9/5/95, Page 8
8. RESOLUTION TO DONATE THE PASSENGER LAUNCH "PLOVER"
TO THE WHATCOM MARITIME HISTORICAL SOCIETY (AB95 -
356A)
ADDENDUM
9. RESOLUTION ESTABLISHING A COMMITTEE TO REVIEW HUMAN
SERVICES IN WHATCOM COUNTY (AB95 -367)
Brenner moved to introduce the addendum.
Motion carried 6 -0.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
On- Reservation Issues (AB95 -368): Imhof moved to approve the resolution
regarding solving on- reservation issues within the existing negotiation process.
Motion carried 6 -0.
What -Comm Communications Services (AB95 -339): Starkenburg reported that
the Finance and Administrative Services Committee did have discussion regarding
increased staffing and funding. No decision has been made by the committee at this
time.
Courthouse Security (AB95 -153): Brenner asked why the security guard was
present.
Compost Regulations (AB95 -601): Harris would like this to go before the Health
Board for the Health Department to make a presentation. He will contact the Health
Department and request their presence at the meeting on September 12.. .
■ Bob Woods requested a response from Council Members Dawson, Harris and
Starkenburg on fund closures so he can prepare for the next meeting.
Human Services Committee Resolution (AB95 -367): Henderson reminded
Council members that he would like to get this committee going as soon as possible
(draft resolution on file).
Regular Council Minutes, 9/5/95, Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
ADJOURN
The meeting was adjourned at 9:45 p.m.
Nadean Hanson, Recording Secretary
These minutes were approved by the Council on November 21 , 1995.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular Council Minutes, 9/5/95, Page 10