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HomeMy WebLinkAboutCouncil July 13 19934 � WHATCOM COUNTY COUNCIL Regular Meeting July 13, 1993 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest St., 2nd floor, by Marge Laidlaw, Chair. Also present: Absent: Barbara Brenner Larry Harris Ken Henderson Bob Imhof Dennis Vander Yacht Dan Warner READING AND APPROVAL OF MINUTES The minutes of the June 22, 1993, meeting were accepted as presented. SPECIAL PRESENTATION REPORT ON COURTHOUSE PROGRESS WITH VERN ALMON, KMD ARCHITECTS; AND PAUL RUSHING, PUBLIC WORKS Paul Rushing, Director of Public Works, distributed a report on the progress of the project. He said he hopes the final completion will be the second week of November. $14 million has been paid by June 30, 1993. He discussed the construction changes based on requests that had been made. Vern Almon, said the exterior is 98 percent finished. The main entry is being completed and in 30 days the new part of the building will be completedas well. Warner said he walked around the building and was very impressed with the job that had been done. Almon said it is possible to go up another four floors over the County Executive's office. There was discussion among Laidlaw, Vander Yacht, Brenner, Rushing and Almon about possible cost overruns, closed circuit television facilities, maintenance costs, asbestos and pvc treatment, change orders, and cost per square foot. Rushing said at this time we are not over budget. Almon said building around an old building is difficult and the cost of looking after the employee concerns has been expensive. Don Jackson, KMD, said the unforseen changes have been about $400,000. There is only about 15 percent of the building left. Committee of the Whole Issue: WARNER MOVED TO HAVE THE COUNTY ATTORNEY PROCEED WITH CONDEMNATION PROCEEDINGS FOR THE LAKE SAMISH MANAGEMENT 1 DISTRICT. 2 3 The motion was carried unanimously. 4 5 OPEN SESSION 6 7 Frank Winslow, 433 17th Street, Bellingham: He felt good about the council as it 8 discussed the Northwest Coalition of four counties.: size of representation; limit of time 9 appointed; etc. The council imposed an eight year term which he agrees with. There 10 was a strong objection from Shirley Van Zanten (our representive) as well as a ten year 11 member from another county and San Juan. He urges the county not to relent and 12 further asks that the council revise the mission of the ad hoc committee to go beyond the 13 original mission and consider the chronic care from the standpoint of organizing 14 Whatcom County. Henderson said they will have an additional meeting on the 27th to 15 discuss this issue. Henderson agrees with Winslow in concept but is not sure this body 16 can do as he suggests. 17 18 Ron Roosma, 4977 Wahl Road: He said county already bans burning AT a 19 certain time. He said this would add $3000 to the cost of a wooded lot. 20 21 HEARINGS 22 23 1. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM 24 COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 (EUCLID 25 PARK PROPERTY) (AB93 -234A) 26 27 Laidlaw opened the hearing. 28 29 John Sibold, 1622 Euclid Avenue: He said he is concerned that this may be sold 30 to Bellingham for a public park. It is a very natural park with eagles nesting now and 31 feels a park would be detrimental to the wildlife in the area. There is a development on 32 the other end of Euclid and preserving this is important. The watershed would also be 33 in jeopardy. Traffic continues to grow because of development. He hopes someone will 34 investigate the language if it is not being developed. 35 36 Sherilyn Wells, 1020 Geneva: Supports Mr. Sibold's concerns. Keeing the basin 37 as clean as possible is difficult because of uncontrolled urban runoff. She encourages 38 leaving it in the natural state. 39 40 Roger DeSpain, Director of Parks: The concept of selling a portion of 12 acres 41 with a stream running through it. We put in the agreement it should be a watershed, 42 open space or a park. He said the county would retain it as a passive park only. 43 44 The hearing was closed. Council Minutes, 7113193, Page 2 With council consensus, the hearing was reopened. Lloyd Austin, 1838 Lakeside: He is totally against opening this as he has been looking after it for twenty years to keep people out. When it was being used there was millfoil brought in by outsiders. closed. Laidlaw asked for others who wished to speak. Seeing no one, the hearing was WARNER MOVED THE RESOLUTION BE APPROVED. The motion carried unanimously. 2. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 (DAMAGED VEHICLES) (AB93 -233A) The hearing was opened. Hearing no comment the hearing was closed. WARNER MOVED THE RESOLUTION BE APPROVED. The motion carried unanimously. 3. RESOLUTION TO DONATE COUNTY -OWNED PROPERTY (TO THE DEPARTMENT OF NATURAL RESOURCES), REQUEST NOL 77 (AB93 -241A) The hearing was opened. Brian Davis, Engineer for the Department of Natural Resources, Sedro Woolley: He said he doing research on this area and found that there are two parcels owned by the county and he made the request to have the county donate this land. If harvested, 75 percent would go to the county anyhow. These are isolated strips of property that would not be easily utilized by the county. Karen Frakes said the wrong RCW was quoted and should be replaced with 76.12.030. IMHOF MOVED APPROVAL OF THE RESOLUTION WITH THE PROPER RCW CITATION. The motion carried unanimously. Council Minutes, 7113193, Page 3 4. ORDINANCE REGARDING THE ANNEXATION OF CERTAIN PROPERTIES NEAR THE YEW STREET ROAD AREA INTO FIRE PROTECTION DISTRICT NO. 10 (AB93 -180) The hearing was opened. Hearing no comment, the hearing was closed. WARNER MOVED APPROVED The motion carried 6 -0. 5. ORDINANCE AMENDING NO. 89 -103, AN ORDINANCE ESTABLISHING WHATCOM COUNTY'S FERRY RATES (AB93- 152A) The hearing was opened. Hearing no comment, the hearing was closed. IMHOF MOVED TO ADOPT THE ORDINANCE ESTABLISHING FERRY RATES. The motion carried 6 -0. OTHER ITEMS 1. RENEWAL OF INSURANCE FOR THE FERRY HULL AND MACHINERY AND FOR PROTECTION AND INDEMNITY (MARINE LIABILITY) FOR THE WHATCOM CHIEF (AB93 -272) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT WITH ERICSSON BUSINESS COMMUNICATIONS FOR MONTHLY MAINTENANCE CHARGES ON TELEPHONE SWITCHING EQUIPMENT (AB93 -273) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. Council Minutes, 7113193, Page 4 3. REQUEST FOR APPROVAL OF LIST OF SUPPLIERS FOR PRINTING AND COPY PAPER FOR THE PERIOD AUGUST 1, 1993, TO JULY 31, 1994 (AB93 -274) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 4. BID AWARD FOR ONE FIVE -YARD DUMP TRUCK TO THE LOWEST RESPONSIVE BIDDER OFFERING THE BEST NET COMBINATION OF BID AND TRADE -IN, VALLEY FREIGHTLINER FOR $47,743.69 INCLUDING TRADE -IN AND SALES TAX (AB93 -275) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH FRIBERG CONSTRUCTION COMPANY, INC. FOR $320,380, INCLUDING TAXES, FOR THE RECONSTRUCTION OF BIRCH POINT ROAD (AB93 -276) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 6. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 992216 AND THE AWARD OF CONTRACT FOR RECONSTRUCTION OF BIRCH POINT ROAD FROM M.P..53 TO M.P. 1.04 (AB93 -277) Henderson reported for Finance and recommended approval. HE SO MOVED. Ed Henken, County Engineer, said this is within the entire engineering budget but over by $60,000 on this particular road. It had not had engineering studies done prior to the bid. He said the road will take a jog around building that are on a portion of the Council Minutes, 7113193, Page 5 road. The title company is picking up a portion of the cost because of the oversight. The motion carried 6 -0. 7. WHATCOM CENTER FOR EARLY LEARNING FOR CHILD DEVELOPMENT FOR $164,790 (AB93 -278) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 8. SENIOR COMMUNITY SERVICES FOR COMMUNITY INTEGRATION FOR $86,860.80 (AB93 -279) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 9. VANGUARD NORTHWEST FOR SPECIALIZED INDUSTRIES FOR $227,172.96 AND FOR INDIVIDUAL EMPLOYMENT FOR $65,894.40, FOR A GRAND TOTAL OF $293,067.36 (AB93 -280) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 10. KULSHAN VOCATIONAL SERVICES FOR INDIVIDUAL EMPLOYMENT FOR $259,200 (AB93 -281) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 11. EVERYBODY'S STORE FOR INDIVIDUAL EMPLOYMENT FOR $121000 (AB93 -282) Council Minutes, 7113193, Page 6 Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 12. CURRENT INDUSTRIES FOR SPECIALIZED INDUSTRIES ($285,848.64) AND FOR GROUP SUPPORTED EMPLOYMENT ($88,807.68) FOR A GRAND TOTAL OF $374,656.32 (AB93 -283) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 13. CASCADE VOCATIONAL SERVICES FOR INDIVIDUAL EMPLOYMENT FOR $99,331.20 (AB93 -284) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 14. LOCAL FOCUS FOR COMMUNITY INTEGRATION FOR $90,625.92 (AB93 -285) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 15. NORTHWEST INDUSTRIES FOR SPECIALIZED INDUSTRIES FOR $304,116.48 (AB93 -286) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 16. ORDINANCE AMENDING THE 1993 BUDGET, REQUEST #10 Council Minutes, 7113193, Page 7 (AB93 -243) Henderson reported for Finance saying that Linda Irvin distributed an exhibit that needs to be attached; he recommended adoption. HE SO MOVED. The motion was carried unanimously. 17. ORDINANCE - REORGANIZATION OF WHATCOM COUNTY GOVERNMENT THROUGH REPEAL AND AMENDMENT OF CERTAIN SECTIONS OF THE WHATCOM COUNTY CODE AND CREATION OF A NEW ADMINISTRATIVE SERVICES DEPARTMENT (AB93 -173) Henderson reported for Finance and recommended adoption. Bob Woods stated there were two amendments; on page 17, line 27 through 29, substituting semicolons for commas, and on page 26, line 31, change to $20,000 instead of $10,000. Henderson moved the amended ordinance be adopted. Henderson discussed the change of dates; financial management; further defining of the - auditor's duties; and adding a section g. The motion was carried 6 -0. 18. ORDINANCE AUTHORIZING DEVELOPMENT STANDARDS, THEIR FORMAT AND PROCEDURE (AB93 -244) Warner reported for Planning and Development and said the committee is recommending having three separate hearings on each issue then send it to the Planning Commission. HE SO MOVED. Nate Brown, B &C, said there needs to be certain technical regulations that public hearings would not improve on. Technical and legal regulatory requirements cannot be changed if thery are to meet the best management practices. Brown discussed the makeup of the Stormwater Advisory Committee membership, reporting requirements, flexibility, stormwater protection and performance guidelines. The motion failed 5 -1 with Brenner in favor. Council Minutes, 7113193, Page 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 BRENNER MOVED THE STORMWATER CHAPTER BE CONSIDERED BY THE COUNCIL INSTEAD OF THE EXECUTIVE. Brenner withdrew her motion. WARNER MOVED THE ENABLING ORDINANCE AND THE DRAFT AMENDMENTS BE REFERRED TO THE PLANNING COMMISSION TO BE REVIEWED AND RETURNED TO THE COUNCIL WITH A RECOMMENDA- TION; THE DRAFT REVISED STORMWATER CHAPTER WILL BE SENT FOR REFERENCE ONLY. Items discussed were: who would make the decisions on the stomwater issue; relative value of technical input; whether the council would have the regulatory decision. Comments were made by: Henderson; Brown; Warner; Brenner. BRENNER MOVED A FRIENDLY AMENDMENT TO FORWARD THE STORMWATER CHAPTER TO THE PLANNING COMMISSION FOR REVIEW. Warner refused to accept the motion as a friendly amendment. BRENNER MOVED TO FORWARD THE STORMWATER CHAPTER TO THE PLANNING COMMISSION FOR REVIEW. The motion failed 5 -1 with Brenner in favor. Warner's motion passed 5 -1 with Brenner against. 19. ORDINANCE AMENDING THE TEXT OF THE WHATCOM COUNTY ZONING ORDINANCE EXPANDING THE USE OF AIRCRAFT LANDING AREAS TO ALLOW OPERATION OF AIRCRAFT FOR PERSONAL USE IN THE AGRICULTURE AND RURAL ZONES AS A CONDITIONAL USE, AND TO ADD SECTIONS ALLOWING AIRCRAFT LANDING AREAS AS A CONDITIONAL USE IN THE RURAL FORESTRY AND COMMERCIAL FORESTRY ZONES AND AS AN ACCESSORY USE IN THE COMMERCIAL FORESTRY ZONES (AB93 -213) Warner reported for Planning and Development and recommended this be withdrawn and it will be scheduled for a hearing on July 27th. 20. DISCUSSION ON OUTDOOR BURNING BAN RELATING TO LAND CLEARING (AB93 -258) Council Minutes, 7113193, Page 9 Imhof reported for Public Services & Solid Waste; he stated that two fire chiefs were totally against becoming a policing agency. Solid Waste Advisory Committee will be reviewing this issue. IMHOF MOVED TO NOT SUPPORT THE BELLINGHAM BURN BAN AT THIS TIME. The motion carried unanimously. 21. RESOLUTION DECLARING LEGISLATIVE INTENT REGARDING CONDITIONAL USE PERMITS FOR STRINGING CABLE TELEVISION LINE ON EXISTING POWER POLES (AB93 -271) Imhof reported for Public Services & Solid Waste and recommend due pass. IMHOF MOVED APPROVAL OF THE RESOLUTION. BRENNER MOVED TO AMEND THE RESOLUTION THAT THE PROCEDURE OF CHARGING A $5 LATE FEE BEFORE RECEIVING THE SERVICE. Dan Crocker, TCI: He said the service is sold like a product and is billed a month in advance. Vander Yacht said he voted against the motion in committee because he did not feel this issue was connected to the resolution. The motion failed 5 -1 with Brenner in favor. The Imhof motion carried 5 -1 with Brenner opposed. INTRODUCTION 1. ORDINANCE AMENDING CERTAIN SECTIONS OF THE WHATCOM COUNTY CODE TO CORRECT SCRIVENER'S ERRORS AND /OR UNCLEAR TEXT AMENDMENTS (AB93 -246) 2. ORDINANCE AMENDING VARIOUS SECTIONS OF THE WHATCOM COUNTY CODE TO ELIMINATE OUT -OF -DATE REFERENCES TO "COUNTY COMMISSIONERS" (AB93 -247) 3. ORDINANCE AMENDING THE CHARTER TO CORRECT SCRIVENER'S ERRORS (AB93 -248) Council Minutes, 7113193, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ?4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.219 BOARD OF EQUALIZATION, TO REFLECT PAY INCREASE AUTHORIZED BY COUNTY COUNCIL IN 1992 (AB93 -224) 5. RESOLUTION REGARDING BOARD OF EQUALIZATION MEMBER'S PAY INCREASES AS AUTHORIZED IN 1992 (AB93- 224A) 6. RECEIPT OF PETITION FOR VACATION OF A PORTION OF 6TH STREET, FILED BY W. DOUGLAS UHL (AB93 -269) 7. ORDINANCE REPEALING SECTION 2.34 OF THE WHATCOM COUNTY CODE, REGARDING THE MULTIPURPOSE COMMUNITY CODE (AB93 -269) 8. ORDINANCE REPEALING SECTION 2.52 OF THE WHATCOM COUNTY CODE, REGARDING THE MULTIPURPOSE COMMUNITY CENTER (AB93 -260) 9. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY COMPREHENSIVE SIX YEAR ROAD PROGRAM FOR THE YEARS 1994 THROUGH 1999 (AB93 -287) 10. RESOLUTION TO ALLOW FOR THE EXTENSION OF TERM LIMITS OF THE LAKE MANAGEMENT DISTRICT NO. 1 (AB93 -265) 11. ORDINANCE - AMENDMENT NO. 11 TO THE 1993 BUDGET (AB93- 288) 12. ORDINANCE AMENDING THE CHARTER TO ALLOW A CHARTER COMMISSION TO BE FORMED EARLIER THAN EVERY 10 YEARS (AB93 -290) 13. RESOLUTION TO ALLOW FOR THE EXTENSION OF TERM LIMITS OF THE LAKE MANAGEMENT DISTRICT NO. 1 (AB93 -265) REPORTS AND OTHER ITEMS FROM MB Charter Amendments: IMHOF MOVED THAT THE ORDINANCE PROPOSING A CHARTER AMENDMENT TO BE SUBMITTED TO THE VOTERS TO REVISE COUNCIL ELECTIONS TO SOLELY VOTING BY DISTRICT (AB93 -251) HAVE A HEARING ON JULY 27. Council Minutes, 7113193, Page 11 1 The motion passed 4 -2 with Warner and Laidlaw opposed. 2 3 HENDERSON MOVED THAT THE ORDINANCE AMENDING THE 4 CHARTER TO ALLOW A CHARTER COMMISSION TO BE FORMED EARLIER 5 THAN EVERY TEN YEARS (AB93 -290) BE FORWARDED TO A PUBLIC 6 HEARING ON JULY 27. 7 8 The motion passed unanimously. 9 10 Land Disturbance Forms: 11 12 IMHOF MOVED TO HAVE THE PROPOSED REVISIONS FOR THE LAND 13 DISTURBANCE PAMPHLET AND APPLICATION FORM FORWARDED TO 14 COUNCIL AS SOON AS POSSIBLE. 15 16 The motion passed 6 -0. 17 18 Lummi Shore Road: Imhof said that there had been a recommendation to Jeff Monsen 19 that he look for the most cost effective combination to repair Lummi Shore Road. 20 21 Mailing Privileges: Brenner said she wants to have a resolution developed to avoid 22 abuse of mailing privileges. Henderson mentioned it should be referred to Finance and 23 Personnel Committee. A 25 Budget Analyst Report: Bob Woods, Program and Budget Analyst will be away next 26 Tuesday and Wednesday at a conference. He mentioned that some of the candidates 27 would like to discuss the budget with him. The Council Members had no objections and 28 it was suggested a letter be sent out when all the candidates have declared to see who is 29 interested in a session to learn the procedure. 30 31 The meeting was adjourned at 9:30 p.m. 32 33 WHATCOM COUNTY COUNCIL 34 ATTEST: WHATCOM COUNTY, WASHINGTON 35 36 37 38 39 Bar ara Maher, Deputy'gwk arge lidlaw, Chair Council Minutes, 7113193, Page 12 25 Paul Rushing, Director of Public Works, distributed a report on the progress of 26 the project. He said he hopes the final completion will be the second week of 27 November. $14 million has been paid by June 30, 1993. He discussed the construction 28 changes based on requests that had been made. 29 Vern Almon, said the exterior is 98 percent finished. The main entry is being 30 completed and in 30 days the new part of the building will be completed as well. 31 Warner said he walked around the building and was very impressed with the job that had 32 been done. Almon said it is possible to go up another four floors over the County 33 Executive's office. There was discussion among Laidlaw, Vander Yacht, Brenner, 34 Rushing and Almon about possible cost overruns, closed circuit television facilities, 35 maintenance costs, asbestos and pvc treatment, change orders, and cost per square foot. 36 Rushing said at this time the County is not over budget. Almon said building around an 37 old building is difficult and the cost of looking after the employee concerns has been 38 expensive. Don Jackson, KMD, said the unforeseen changes have been about $400,000. 39 40 The following item was brought forward from the Committee of the Whole 41 meeting held July 13, 1993. 42 43 1. LAKE .MANAGEMENT DISTRICT NO. 1 AUTHORITY FOR 44 CONDEMNATION (AB93 -262) 45 WARNER MOVED TO HAVE THE COUNTY ATTORNEY PROCEED 1 WHATCOM COUNTY COUNCIL 7!`31`3 3 i Regular Meeting 3 4 July 13, 1993 5 6 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. 7 Forest St., 2nd floor, by Marge Laidlaw, Council Chair. 8 9 Also present: Absent: 10 Barbara Brenner Larry Harris 11 Ken Henderson 12 Bob Imhof 13 Dennis Vander Yacht 14 Dan Warner 15 16 READING AND APPROVAL OF MINUTES 17 18 The minutes of the June 22, 1993, meeting were accepted as presented. 19 20 SPECIAL PRESENTATION 21 22 REPORT ON COURTHOUSE PROGRESS WITH VERN ALMON, KMD 23 ARCHITECTS; AND PAUL RUSHING, PUBLIC WORKS 25 Paul Rushing, Director of Public Works, distributed a report on the progress of 26 the project. He said he hopes the final completion will be the second week of 27 November. $14 million has been paid by June 30, 1993. He discussed the construction 28 changes based on requests that had been made. 29 Vern Almon, said the exterior is 98 percent finished. The main entry is being 30 completed and in 30 days the new part of the building will be completed as well. 31 Warner said he walked around the building and was very impressed with the job that had 32 been done. Almon said it is possible to go up another four floors over the County 33 Executive's office. There was discussion among Laidlaw, Vander Yacht, Brenner, 34 Rushing and Almon about possible cost overruns, closed circuit television facilities, 35 maintenance costs, asbestos and pvc treatment, change orders, and cost per square foot. 36 Rushing said at this time the County is not over budget. Almon said building around an 37 old building is difficult and the cost of looking after the employee concerns has been 38 expensive. Don Jackson, KMD, said the unforeseen changes have been about $400,000. 39 40 The following item was brought forward from the Committee of the Whole 41 meeting held July 13, 1993. 42 43 1. LAKE .MANAGEMENT DISTRICT NO. 1 AUTHORITY FOR 44 CONDEMNATION (AB93 -262) 45 WARNER MOVED TO HAVE THE COUNTY ATTORNEY PROCEED 1 WITH CONDEMNATION PROCEEDINGS FOR THE LAKE SAMISH MANAGEMENT DISTRICT. 3 4 The motion was carried unanimously. 5 6 OPEN SESSION 7 8 Frank Winslow, 433 17th Street, Bellingham (AB93 -138): He said he felt good 9 about the County Council as it discussed the Northwest Coalition of four counties 10 regarding size of representation, limit of time appointed, etc. The Council imposed an 11 eight -year term which he agrees with. There was a strong objection from Executive 12 Shirley Van Zanten as well as a ten year member from another county and from San 13 Juan County. He urged the Council not to relent and further asked that the Council 14 revise the mission of the Ad Hoc Committee to go beyond the original mission and 15 consider the chronic care from the standpoint of organizing Whatcom County. 16 Henderson said there will be an additional Ad Hoc Committee meeting on the July 27 to 17 discuss this issue. Henderson said he agreed with Winslow in concept but was not sure 18 this body can do as Winslow suggested. 19 20 Ron Roosma, 4977 Wahl Road (AB93 -258): He said County already bans burning 21 at certain times. He said this would add $3000 to the cost of a wooded lot. 22 23 HEARINGS L5 1. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM 26 COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 (EUCLID 27 PARK PROPERTY) (AB93 -234A) 28 29 Laidlaw opened the hearing. 30 31 John Sibold, 1622 Euclid Avenue: He said he is concerned that this may be sold 32 to Bellingham for a public park. It is a very natural park with eagles nesting now and 33 feels a park would be detrimental to the wildlife in the area. There is a development on 34 the other end of Euclid and preserving this is important. The watershed would also be 35 in jeopardy. Traffic continues to grow because of development. 36 37 Sherilyn Wells, 1020 Geneva: Supported Mr. Sibold's concerns. Keeping the 38 basin as clean as possible is difficult because of uncontrolled urban runoff. She 39 encouraged leaving it in the natural state. 40 41 Roger DeSpain, Director of Parks: Spoke to the concept of selling a portion of 12 42 acres with a stream running through it. He said the county would retain it as a passive 43 park only. 44 Council Minutes, 7113193, Page 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 t L5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 The hearing was closed. With council consensus, the hearing was reopened. Lloyd Austin, 1838 Lakeside: He said he was against opening this as he has been looking after it for twenty years to keep people out. When it was being used there was millfoil brought in by outsiders. closed. Laidlaw asked for others who wished to speak. Seeing no one, the hearing was WARNER MOVED THE RESOLUTION BE APPROVED. The motion carried unanimously. 2. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 (DAMAGED VEHICLES) (AB93 -233A) The hearing was opened. Hearing no comment the hearing was closed. WARNER MOVED THE RESOLUTION BE APPROVED. The motion carried unanimously. 3. RESOLUTION TO DONATE COUNTY -OWNED PROPERTY (TO THE DEPARTMENT OF NATURAL RESOURCES), REQUEST NOL 77 (AB93 -241A) The hearing was opened. Brian Davis, Engineer for the Department of Natural Resources, Sedro Woolley: He said he doing research on this area and found that there are two parcels owned by the County and he made the request to have the County donate this land. If harvested, 75 percent would go to the County anyhow. These are isolated strips of property that would not be easily utilized by the County. Karen Frakes said the wrong portion of State law was quoted and should be replaced with RCW76.12.030. IMHOF MOVED APPROVAL OF THE RESOLUTION WITH THE PROPER RCW CITATION. The motion carried unanimously. Council Minutes, 7113193, Page 3 4. ORDINANCE REGARDING THE ANNEXATION OF CERTAIN PROPERTIES NEAR THE YEW STREET ROAD AREA INTO FIRE PROTECTION DISTRICT NO. 10 (AB93 -180) The hearing was opened. Hearing no comment, the hearing was closed. WARNER MOVED APPROVED The motion carried 6 -0. 5. ORDINANCE AMENDING NO. 89 -103, AN ORDINANCE ESTABLISHING WHATCOM COUNTY'S FERRY RATES (AB93- 152A) The hearing was opened. Hearing no comment, the hearing was closed. IMHOF MOVED TO ADOPT THE ORDINANCE ESTABLISHING FERRY RATES. The motion carried 6 -0. OTHER ITEMS 1. RENEWAL OF INSURANCE FOR THE FERRY HULL AND MACHINERY AND FOR PROTECTION AND INDEMNITY (MARINE LIABILITY) FOR THE WHATCOM CHIEF (AB93 -272) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 2. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT WITH ERICSSON BUSINESS COMMUNICATIONS FOR MONTHLY MAINTENANCE CHARGES ON TELEPHONE SWITCHING EQUIPMENT (AB93 -273) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. Council Minutes, 7113193, Page 4 3. REQUEST FOR APPROVAL OF LIST OF SUPPLIERS FOR PRINTING AND COPY PAPER FOR THE PERIOD AUGUST 1, 1993, TO JULY 31, 1994 (AB93 -274) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 4. BID AWARD FOR ONE FIVE -YARD DUMP TRUCK TO THE LOWEST RESPONSIVE BIDDER OFFERING THE BEST NET COMBINATION OF BID AND TRADE -IN, VALLEY FREIGHTLINER FOR $47,743.69 INCLUDING TRADE -IN AND SALES TAX (AB93 -275) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH FRIBERG CONSTRUCTION COMPANY, INC. FOR $320,380, INCLUDING TAXES, FOR THE RECONSTRUCTION OF BIRCH POINT ROAD (AB93 -276) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 6. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 992216 AND THE AWARD OF CONTRACT FOR RECONSTRUCTION OF BIRCH POINT ROAD FROM M.P..53 TO M.P. 1.04 (AB93 -277) Henderson reported for Finance and recommended approval. HE SO MOVED. Ed Henken, County Engineer, said the entire engineering budget is within its budget but this particular project is over by $60,000. It had not had engineering studies done prior to the bid. He said the road will take a jog around building that are on a Council Minutes, 7113193, Page 5 portion of the road. The title company is picking up a portion of the cost because of the oversight. The motion carried 6 -0. 7. WHATCOM CENTER FOR EARLY LEARNING FOR CHILD DEVELOPMENT FOR $164,790 (AB93 -278) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 8. SENIOR COMMUNITY SERVICES FOR COMMUNITY INTEGRATION FOR $86,860.80 (AB93 -279) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 9. VANGUARD NORTHWEST FOR SPECIALIZED INDUSTRIES FOR $227,172.96 AND FOR INDIVIDUAL EMPLOYMENT FOR $65,894.40, FOR A GRAND TOTAL OF $293,067.36 (AB93 -280) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 10. KULSHAN VOCATIONAL SERVICES FOR INDIVIDUAL EMPLOYMENT FOR $259,200 (AB93 -281) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 11. EVERYBODY'S STORE FOR INDIVIDUAL EMPLOYMENT FOR $12,000 (AB93 -282) Council Minutes, 7113193, Page 6 Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 12. CURRENT INDUSTRIES FOR SPECIALIZED INDUSTRIES ($285,848.64) AND FOR GROUP SUPPORTED EMPLOYMENT ($88,807.68) FOR A GRAND TOTAL OF $374,656.32 (AB93 -283) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 13. CASCADE VOCATIONAL SERVICES FOR INDIVIDUAL EMPLOYMENT FOR $99,331.20 (AB93 -284) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 14. LOCAL FOCUS FOR COMMUNITY INTEGRATION FOR $90,625.92 (AB93 -285) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 15. NORTHWEST INDUSTRIES FOR SPECIALIZED INDUSTRIES FOR $304,116.48 (AB93 -286) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0. 16. ORDINANCE AMENDING THE 1993 BUDGET, REQUEST #10 Council Minutes, 7113193, Page 7 1 (AB93 -243) r 3 Henderson reported for Finance saying that Program Analyst Linda Irvin from the 4 Executive's office distributed an exhibit that needs to be attached; he recommended 5 adoption. 6 7 HE SO MOVED. 8 9 The motion was carried unanimously. 10 11 17. ORDINANCE - REORGANIZATION OF WHATCOM COUNTY 12 GOVERNMENT THROUGH REPEAL AND AMENDMENT OF 13 CERTAIN SECTIONS OF THE WHATCOM COUNTY CODE AND 14 CREATION OF A NEW ADMINISTRATIVE SERVICES 15 DEPARTMENT (AB93 -173) 16 17 Henderson reported for Finance and recommended adoption. 18 19 Council Budget and Program Analyst Bob Woods stated there were two 20 amendments; on page 17, line 27 through 29, substituting semicolons for commas, and on 21 page 26, line 31, change to $20,000 instead of $10,000. 22 23 HENDERSON MOVED THE AMENDED ORDINANCE BE ADOPTED. 1 z5 Henderson discussed the change of dates; financial management; further defining 26 of the auditor's duties; and adding a section g. 27 28 The motion was carried 6 -0. 29 30 18. ORDINANCE AUTHORIZING DEVELOPMENT STANDARDS, 31 THEIR FORMAT AND PROCEDURE (AB93 -244) 32 33 Warner reported for Planning and Development and said the committee is 34 recommending having three separate hearings on each issue then send it to the Planning 35 Commission. 36 37 HE SO MOVED. 38 39 Nate Brown, Buildings & Code, said there needs to be certain technical 40 regulations that public hearings would not improve on. Technical and legal regulatory 41 requirements cannot be changed if they are to meet the best management practices. 42 Brown discussed the makeup of the Stormwater Advisory Committee membership, 43 reporting requirements, flexibility, stormwater protection and performance guidelines. 44 Council Minutes, 7113193, Page 8 The motion failed 5 -1 with Brenner in favor. BRENNER MOVED THE STORMWATER CHAPTER BE CONSIDERED BY THE COUNCIL INSTEAD OF THE EXECUTIVE. Brenner withdrew her motion. WARNER MOVED THE ENABLING ORDINANCE AND THE DRAFT AMENDMENTS BE REFERRED TO THE PLANNING COMMISSION TO BE REVIEWED AND RETURNED TO THE COUNCIL WITH A RECOMMENDA- TION; THE DRAFT REVISED STORMWATER CHAPTER WILL BE SENT FOR REFERENCE ONLY. Items discussed were: who would make the decisions on the stormwater issue; relative value of technical input; whether the council would have the regulatory decision. Comments were made by: Henderson; Brown; Warner; Brenner. BRENNER MOVED A FRIENDLY AMENDMENT TO FORWARD THE STORMWATER CHAPTER TO THE PLANNING COMMISSION FOR REVIEW. Warner refused to accept the motion as a friendly amendment. BRENNER MOVED TO FORWARD THE STORMWATER CHAPTER TO THE PLANNING COMMISSION FOR REVIEW. The motion failed 5 -1 with Brenner in favor. Warner's motion passed 5 -1 with Brenner against. 19. ORDINANCE AMENDING THE TEXT OF THE WHATCOM COUNTY ZONING ORDINANCE EXPANDING THE USE OF AIRCRAFT LANDING AREAS TO ALLOW OPERATION OF AIRCRAFT FOR PERSONAL USE IN THE AGRICULTURE AND RURAL ZONES AS A CONDITIONAL USE, AND TO ADD SECTIONS ALLOWING AIRCRAFT LANDING AREAS AS A CONDITIONAL USE IN THE RURAL FORESTRY AND COMMERCIAL FORESTRY ZONES AND AS AN ACCESSORY USE IN THE COMMERCIAL FORESTRY ZONES (AB93 -213) Warner reported for Planning and Development and recommended this be withdrawn and it will be scheduled for a hearing on July 27. 20. DISCUSSION ON OUTDOOR BURNING BAN RELATING TO LAND Council Minutes, 7113193, Page 9 CLEARING (AB93 -258) 3 Imhof reported for Public Services and Solid Waste Committee. He stated that 4 two fire chiefs were totally against becoming a policing agency. Solid Waste Advisory 5 Committee will be reviewing this issue. 6 7 IMHOF MOVED TO NOT SUPPORT THE BELLINGHAM BURN BAN AT 8 THIS TIME. 9 10 The motion carried unanimously. 11 12 21. RESOLUTION DECLARING LEGISLATIVE INTENT REGARDING 13 CONDITIONAL USE PERMITS FOR STRINGING CABLE 14 TELEVISION LINE ON EXISTING POWER POLES (AB93 -271) 15 16 Imhof reported for the Public Services and Solid Waste Committee and 17 recommended approval. 18 19 IMHOF MOVED APPROVAL OF THE RESOLUTION. 20 21 BRENNER MOVED TO AMEND THE RESOLUTION TO PROHIBIT THE 22 PROCEDURE OF CHARGING A $5 LATE FEE BEFORE THE USER RECEIVES 23 THE SERVICE. 1 2.5 Dan Crocker, TCI: He said the service is sold like a product and is billed .a 26 month in advance. 27 28 Vander Yacht said he voted against the motion in committee because he did not 29 feel this issue was connected to the resolution. 30 31 The motion to amend failed 5 -1 with Brenner in favor. 32 33 The Imhof motion carried 5 -1 with Brenner opposed. 34 35 INTRODUCTION 36 37 1. ORDINANCE AMENDING CERTAIN SECTIONS OF THE 38 WHATCOM COUNTY CODE TO CORRECT SCRIVENER'S ERRORS 39 AND /OR UNCLEAR TEXT AMENDMENTS (AB93 -246) 40 41 2. ORDINANCE AMENDING VARIOUS SECTIONS OF THE 42 WHATCOM COUNTY CODE TO ELIMINATE OUT -OF -DATE 43 REFERENCES TO "COUNTY COMMISSIONERS" (AB93 -247) 44 Council Minutes, 7113193, Page 10 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 L5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 3. ORDINANCE AMENDING THE CHARTER TO CORRECT SCRIVENER'S ERRORS (AB93 -248) 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.21, BOARD OF EQUALIZATION, TO REFLECT PAY INCREASE AUTHORIZED BY COUNTY COUNCIL IN 1992 (AB93 -224) 5. RESOLUTION REGARDING BOARD OF EQUALIZATION MEMBER'S PAY INCREASES AS AUTHORIZED IN 1992 (AB93- 224A) 6. RECEIPT OF PETITION FOR VACATION OF A PORTION OF 6TH STREET, FILED BY W. DOUGLAS UHL (AB93 -269) 7. ORDINANCE REPEALING SECTION 2.34 OF THE WHATCOM COUNTY CODE, REGARDING THE MULTIPURPOSE COMMUNITY CODE (AB93 -269) 8. ORDINANCE REPEALING SECTION 2.52 OF THE WHATCOM COUNTY CODE, REGARDING THE MULTIPURPOSE COMMUNITY CENTER (AB93 -260) 9. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY COMPREHENSIVE SIX YEAR ROAD PROGRAM FOR THE YEARS 1994 THROUGH 1999 (AB93 -287) 10. RESOLUTION TO ALLOW FOR THE EXTENSION OF TERM LIMITS OF THE LAKE MANAGEMENT DISTRICT NO. 1 (AB93 -265) 11. ORDINANCE - AMENDMENT NO. 11 TO THE 1993 BUDGET (AB93- 288) 12. ORDINANCE AMENDING THE CHARTER TO ALLOW A CHARTER COMMISSION TO BE FORMED EARLIER THAN EVERY 10 YEARS (AB93 -290) 13. RESOLUTION TO ALLOW FOR THE EXTENSION OF TERM LIMITS OF THE LAKE MANAGEMENT DISTRICT NO. 1 (AB93 -265) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Charter Amendment regarding district voting (AB93 -251: IMHOF MOVED THAT THE ORDINANCE PROPOSING A CHARTER Council Minutes, 7113193, Page 11 1 AMENDMENT TO BE SUBMITTED TO THE VOTERS TO REVISE COUNCIL i ELECTIONS TO SOLELY VOTING BY DISTRICT (AB93 -251) HAVE A HEARING 3 ON JULY 27. 4 5 The motion passed 4 -2 with Warner and Laidlaw opposed. 6 7 Charter Amendment regarding district voting (AB93 -290: 8 9 HENDERSON MOVED THAT THE ORDINANCE AMENDING THE 10 CHARTER TO ALLOW A CHARTER COMMISSION TO BE FORMED EARLIER 11 THAN EVERY TEN YEARS (AB93 -290) BE FORWARDED TO A PUBLIC 12 HEARING ON JULY 27. 13 14 The motion passed unanimously. 15 16 Land Disturbance /Clearing Ordinance Pamphlet (AB93 -400): 17 18 IMHOF MOVED TO HAVE THE PROPOSED REVISIONS FOR THE LAND 19 DISTURBANCE PAMPHLET AND APPLICATION FORM FORWARDED TO 20 COUNCIL AS SOON AS POSSIBLE. 21 22 The motion passed 6 -0. 23 1 Lummi Shore Road (AB93 -147): Imhof said that there had been a recommendation to 2.5 Jeff Monsen that he look for the most cost effective combination to repair Lummi Shore 26 Road. 27 28 Mailing Privileges (AB93 -315): Brenner said she wants to have a resolution developed 29 to avoid abuse of mailing privileges. Henderson mentioned it should be referred to 30 Finance and Personnel Committee. 31 32 Budget Analyst Report for 1994 (AB93 -371): Bob Woods, Program and Budget Analyst 33 mentioned that some of the candidates would like to discuss the budget with him. The 34 Council Members had no objections and it was suggested a letter be sent out when all 35 the candidates have declared to see who is interested in a session to learn the procedure. 36 37 The meeting was adjourned at 9:30 p.m. 38 39 WHATCOM COUNTY COUNCIL 40 ATTEST: WHATCOM COUNTY, WASHINGTON 41 42 43 44 Bar ara Maher, Deputy berk Marge haidlaw, Chair Council Minutes, 7113193, Page 12