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Home My WebLink AboutCouncil December 14 1993WHATCOM COUNTY COUNCIL REGULAR MEETING Tuesday, December 14, 1993 The meeting was called to order shortly after 7 p.m. in the Council Chambers, 1000 N. Forest Street, by Council Chair Marge Laidlaw. Also Present: Absent: Robert Imhof None Dan Warner Barbara Brenner Larry Harris Ken Henderson (arrived after flag salute) Dennis Vander Yacht (arrived after flag salute) SPECIAL PRESENTATION MIKE BRENNAN, DIRECTOR, CHAMBER OF COMMERCE, WILL PRESENT A SKI TO SEA POSTER IN APPRECIATION OF THE COUNCIL'S SUPPORT Brennan presented the Council with a framed, signed poster for the Ski to Sea festival for 1993. OPEN SESSION Joselyn Winslow, 433 17th Street, Bellingham: A member of the Alzheimer's Society of Washington. Spoke to the Northwest Regional Council Interlocal Agreement. (AB93- 138A) Frank Winslow, Northwest Regional Disabilities Association: The Association filed a discrimination complaint against Whatcom County and the other counties involved in the Northwest Regional Council. He spoke to other related issues. (AB93 -138A) Dean Whitney, Chief of Whatcom County Fire District 3: Spoke regarding the annexation west of Lynden that is proposed. He earlier delivered a letter to the Council (on file) which proposed a phased -in annexation to reduce impact on tax revenues (BRB #93- 11). Fred Nowicke, 3341 Bird Road, Everson: Thanked the departing Council Members for their hard work and praised them for their dedication. Dick Gilda, 2727 Jensen Road: Spoke regarding the land clearing and land disturbance ordinance and a petition that was submitted some weeks ago. He submitted a new petition with about 75 signatures asking for the repeal of both ordinances (on file). (AB93 -250). Don Estes, no address: The Council asked that Mr. Estes receive a copy of a memo regarding his earlier allegations regarding structural problems with the Courthouse (AB93- 4.11). He said he met with Executive Shirley Van Zanten. He urged an investigation into Council Minutes, 12/14/93, Page 1 the structural integrity of the new building. He also spoke to permit difficulties he is having with Buildings and Codes (AB93 -457). Nate Brown responded at Laidlaw's request. HEARINGS 1. RESOLUTION REGARDING THE MATTER OF RENAMING PRAIRIE ROAD TO NORTH PRAIRIE ROAD (AB93 -472) (CONTINUED FROM 12/7) Laidlaw announced that this hearing had been continued from December 7, and she reopened the hearing. No one spoke, so the hearing was closed. LAIDLAW MOVED TO WITHDRAW THIS MATTER FROM CONSIDERATION IN COMPLIANCE WITH THE ENGINEER'S REQUEST. Motion carried unanimously. 2. ORDINANCE AMENDING 92 -001 TO ALLOW LIMITED CONSENT TO ASSIGNMENT OF CABLE TELEVISION FRANCHISE RIGHTS FOR SECURITY PURPOSES (BLACK ROCK CABLE) (AB93 -451) The hearing was opened. No one spoke, so the hearing was closed. IMHOF MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. 3. ORDINANCE AMENDING 93 -025 TO ALLOW LIMITED CONSENT TO ASSIGNMENT OF CABLE TELEVISION FRANCHISE RIGHTS FOR SECURITY PURPOSES (NORTHLAND CABLE) (AB93 -150A) The hearing was opened. No one spoke, so the hearing was closed. IMHOF MOVED TO ADOPT THE ORDINANCE. Motion carried unanimously. OTHER ITEMS (ITEM 1 SCHEDULED FOR COMMITTEE OF THE WHOLE) APPEAL OF HEARING EXAMINER'S DECISION ON HEARING EXAMINER FILE NO. SHV93 -2, LUSSIER /CAIN LAKE, FILED BY DANE LUSSIER (AB93 -385) IMHOF MOVED TO OVERTURN THE HEARING EXAMINER'S DECISION. Council Minutes, 12/14/93, Page 2 Motion carried 4 -3 with Laidlaw, Brenner, Imhof and Vander Yacht in favor. Laidlaw clarified that this would allow Mr. Lussier to build as he had wished. (ITEMS 2 -6 SCHEDULED FOR FINANCE & PERSONNEL COMMITTEE) 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH ENVIRONMENTAL RESOURCE SERVICES FOR 1994 SOLID WASTE REDUCTION AND RECYCLING EDUCATION AND PROMOTION PROGRAM (AB93 -497) Henderson reported that the Finance Committee reviewed this item and recommended approval. HENDERSON MOVED TO APPROVE OF THE REQUEST. Motion carried unanimously. 3. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 993005 AND THE AWARD OF CONTRACT FOR GUARDRAIL SITE IMPROVEMENTS -- VARIOUS LOCATIONS (AB93 -498) Henderson reported that the Finance Committee reviewed this item and recommended approval. HENDERSON MOVED TO APPROVE OF THE REQUEST. Motion carried unanimously. 4. BID AWARD RECOMMENDATION FOR GUARDRAIL SITE IMPROVEMENTS -- VARIOUS LOCATIONS, TO THE LOWER BIDDER, PETERSEN BROTHERS, INC., FOR $99,862.82 INCLUDING TAXES (AB93 -498A) Henderson reported that the Finance Committee reviewed this item and recommended approval. HENDERSON MOVED TO APPROVE OF THE REQUEST. Motion carried unanimously. 5. BID AWARD RECOMMENDATION FOR THREE ROADSIDE MOWING TRACTORS TO THE LOW BIDDER, BRIM TRACTOR COMPANY, FOR A TOTAL OF $109,177.69, INCLUDING SALES TAX (AB93 -499) Henderson reported that the Finance Committee reviewed this item and recommended approval. HENDERSON MOVED TO APPROVE OF THE REQUEST. Motion carried unanimously. Council Minutes, 12/14/93, Page 3 6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH COMMUNITY RESIDENTIAL SERVICES, INC., FOR THE 1993 -95 BIENNIUM IN THE AMOUNT OF $15,100.80 FROM STATE DEVELOPMENTAL DISABILITIES PASS - THROUGH FUNDS (AB93 -500) Henderson reported that the Finance Committee reviewed this item and recommended approval. HENDERSON MOVED TO APPROVE OF THE REQUEST. Motion carried unanimously. ADDENDUM ITEMS 9. EMERGENCY ORDINANCE EXTENDING EMERGENCY ORDINANCE 93- 068, WHICH ERASED THE UNIFORM FIRE CODE SUNSET CLAUSE (AB93- 406A) Laidlaw explained this item. IMHOF MOVED TO ADOPT THE EMERGENCY ORDINANCE. Motion carried unanimously. Laidlaw started to move the Council to Reports and Other Items, then to the Flood Control Zone District Board meeting. She indicated that she would not allow discussion of addendum items that follow (Items 7 and 8) unless someone made a motion to discuss them. WARNER MOVED TO DISCUSS THE POSSIBLE OVERRIDE OF THE TWO BUDGET - RELATED ORDINANCES. Motion carried unanimously. Henderson, as Chair of Finance and Personnel Committee, was asked by Warner to update the Council on the meeting today with Shirley Van Zanten, et al. 7. DISCUSSION AND POSSIBLE CONSIDERATION OF VETO OVERRIDE FOR ORDINANCE 93 -082, WHICH ADOPTED THE FINAL BUDGET FOR 1994 AND RESTRICTED EXPENDITURE OF CERTAIN FUNDS THEREIN (AB93- 252A) WARNER MOVED TO RECONSIDERATION OF THE BUDGET ORDINANCE IN CONSIDERATION OF THE EXECUTIVE'S VETO MESSAGE. BRENNER MOVED TO AMEND THE ORDINANCE, TO DELETE ONE OF THE TRAFFIC DEPUTIES, LEAVE ONE OF THEM IN, AND NEXT YEAR DECIDE WHAT WE WANT TO DO. Motion failed with Brenner, Imhof and Vander Yacht in favor. Council Minutes, 12/14/93, Page 4 BRENNER MOVED TO AMEND THE ORDINANCE TO DELETE THE THREE POSITIONS FOR THE ASSESSOR'S OFFICE, INSTEAD ADD ONE POSITION TO SPECIFICALLY BRING US UP TO SPEED ON NEW CONSTRUCTION AND AT THE SAME TIME ELIMINATE FUNDING FOR THE NOTION OF THE ONE -YEAR REVALUATION CYCLE. Motion failed with Brenner and Imhof in favor. WARNER WITHDREW HIS EARLIER MOTION. WARNER MOVED TO OVERRIDE THE VETO ON THE BUDGET ORDINANCE. Council Budget and Program Analyst Bob Woods recommended that the Council act on the next item first. Warner declined to do this. Discussion ensued. Civil Deputy Prosecutor Dan Gibson said the Council has until December 21 to get some sort of budget in place. Changes made would have to be within context of things that do not require introduction and notice, so the Council's options are relatively limited. Woods noted that the Council could reduce appropriations if it notices that estimated income does not meet anticipated levels. The motion to override failed 4 -3 with Brenner, Imhof and Vander Yacht opposed (five affirmative votes were needed). Council Members agreed that an emergency ordinance could be required for adoption. Gibson feels the Council can go forward with an ordinance. The changes have to be within limited parameters or else the Council has to go through reintroduction and notice requirements. 8. DISCUSSION AND POSSIBLE CONSIDERATION OF VETO OVERRIDE FOR ORDINANCE 93 -081, WHICH AUTHORIZES THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES FOR 1994 (AB93 -420) INTRODUCTION (NO ACTION AT THIS TIME) 1. RESOLUTION REVISING RESOLUTION 92 -029 ESTABLISHING A FLOOD CONTROL ZONE ADVISORY COMMITTEE AB93 -496 (SUGGESTED REFERRAL TO COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 2. ORDINANCE REGARDING THE MATTER OF ESTABLISHING THE SPEED LIMIT ON SUCIA DRIVE (AB93 -501) M! ir—CURTED REFER mD�Ev Nnr� p. c ^v�2i7 * As The County Council also serves as the board of supervisors for this district. Because the district is a separate governmental unit, the Council must recess its regular Council meeting and call to order a meeting of the County -Wide Flood Control Zone District before taking action. Council Minutes, 12/14/93, Page 5 ACTION: RESOLUTION ADOPTING A FUNDING MECHANISM FOR THE WHATCOM COUNTY FLOOD ZONE DISTRICT AND AUTHORIZING THE COLLECTION OF CHARGES FOR STATE AND PORT -OWNED PROPERTIES (AB93 -346) Gibson reported that negotiations are taking place.. He suggested the Council indicate whether those negotiations should continue, with action potentially scheduled for January 4. There was discussion, including comments from John Matzinger, Public Works Flood Control and Dick Olsen, Department of Natural Resources. WARNER MOVED THAT THE FLOOD STAFF PROCEED WITH THE CONTRACTS NECESSARY TO ACCOMPLISH THE EVALUATION OF DNR LAND. Warner withdrew his motion. IMHOF MOVED TO HAVE STAFF BRING BACK THE OPTIONS WE HAVE TO JUSTIFY ANY FURTHER APPROPRIATION. Motion carried unanimously. The County -Wide Flood Control Zone District was adjourned. REPORTS The next Council meetings will be Tuesday, December 21, 1993 and January 4, 1994 in the Council Chambers, 1000K Forest Street. San Juan County letter (AB93 -507): They are asking for support (no official role) for several counties in the NW Straits National Marine Sanctuary proposal from the governor. WARNER MOVED TO HAVE THE CHAIR SIGN THE LETTER ON BEHALF OF THE COUNCIL INDICATING THE COUNCIL'S INTEREST IN THE PROCESS. Motion carried unanimously. Lynden annexation (west) (BRB93 -10): Brenner asked for some sort of commitment from the Council to support revenue sharing so that Planning Director Dan Taylor could present that position at the hearing December 15. BRENNER MOVED TO OPPOSE THE ANNEXATION UNTIL THE REVENUE SHARING /INTERLOCAL AGREEMENT IS RESOLVED. Motion .carried unanimously. Budget (AB93- 371C): The Clerk reported that the Executive will be available December 21 to consider whatever final version of the budget ordinance emerges from the Council meeting. She is also willing to meet with Council Members individually or collectively between now and then to discuss proposed changes to the budget ordinance. ATTEST: As there was no further business, the meeting was adjourned. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON _ J arnona Rdeves, Clerk ot the Council MafgF uUlaw, Chair Council Minutes, 12/14/93, Page 6