LYNDEN CITY COUNCIL

MINUTES OF THE REGULAR SESSION March 5, 2012

I CALL TO ORDER

Mayor Scott Korthuis called to order the March 5, 2012 regular session of the Lynden City Council at 7:00 P.M. at the Lynden City Hall Annex.

ROLL CALL

Members present: Mayor Scott Korthuis; Councilors Gary Bode, Dave Burns, Ron DeValois, Tobey Gelder, Nick Laninga, and Brent Lenssen.

Members absent: Councilor Jerry Kuiken (with notice).

Staff present: Fire Chief Gary Baar, Public Works Director Steve Banham, Police Chief Jack Foster, Administrative Assistant Lori Jilk and City Administrator Bill Verwolf. Also present was City Attorney Bob Carmichael.

APPROVAL OF MINUTES

Councilor Gelder moved and Councilor Lenssen seconded that the minutes of the February 21, 2012 Council Meeting be approved. The motion carried.

ITEMS FROM THE AUDIENCE

Scheduled: None

Unscheduled: None

II CONSENT AGENDA

Approval of Payroll

Direct Deposits, Draws and Warrants No. 15419 through 15446 $ 509,248 .54

A Request to Cancel Claims Warrant C-56360

The Finance staff requests that Claims Warrant C-56360 payable to Ace Hardware, in the amount of $936.00, be cancelled. Duplicate invoices were entered for two different vendors and the error was discovered during the accounts payable packet review by Finance personnel. When the correction was made, the wrong duplicate invoice was cancelled. The payment should have been made to Whatcom Farmers Coop.

Recommended action is to authorize the cancellation of Claims Warrant C-56360 in the amount of $936.00.

Berthusen Park Annual Report – 2011

As stipulated in the Berthusen’s will granting Berthusen Park to the City of Lynden, a year end financial report needs to be reviewed by the City Council.

Attached is a copy of the 2011 Berthusen Park Financial Report.

Finance Committee reviewed this information at its meeting on March 5, 2012.

Lynden City Council Minutes March 5, 2012 Page 1 of 3 Design Review Board – Reappointment of Mr. Mark Bratt

Mark Bratt’s term with the Design Review Board expired on December 31, 2012. Mark has expressed his willingness to serve another 4 year term. Mark has many years of experience with the Design Review Board and provides a great deal of knowledge in the architectural field.

The Design Review Board is appointed by the Mayor and confirmed by the City Council. Staff has recommended to the Mayor that Mr. Mark Bratt be reappointed to another 4 year term expiring in December 2015.

Recommended action is to confirm the appointment of Mr. Bratt.

Airport Advisory Board – Term Renewals for Mr. Bill Stoelt and Mr. Roger Humphreys

The member terms for Bill Stoelt and Roger Humphreys for serving on the Lynden Airport Advisory Board expired on December 31, 2011. Both parties have generously volunteered to serve another term and Mayor Korthuis has agreed to re-appoint them.

According to Lynden Municipal Code Chapter 2.54.010, the board members shall be appointed by the Mayor with the approval of City Council, each to serve a term of three years. The Advisory Board Members operate in an advisory capacity to the Lynden City Council to make recommendations concerning the adoption of rules, regulations or policies for the management, operation and use of the airport, and the highways, roads, streets and territories adjacent to the airport.

The Public Works Committee reviewed the proposed re-appointment of Stoelt and Humphreys for another 3 year term expiring December 31st, 2015, at their February 22, 2012 meeting and concurred to recommend approval to City Council.

Recommended action is to confirm the appointment of Mr. Stoelt and Mr. Humphries.

Proposed Contract for Public Defender Services for the Lynden Municipal Court

Attorney Daniel Parsons of Roy, Simmons & Parsons requested a revision to his contract to comply with direction from the court on use of experts.

The proposed contract includes those changes, and renews the contract for a two year period.

The Finance Committee will review the contract on Monday March 5, 2012.

Recommended action is to approve the public defender contract and authorize the Mayor to sign.

Motion to Dismiss Lynden from Growth Management Hearings Board Case

The City of Lynden joined as an intervener in a Growth Management Hearing Board appeal during the revision of the urban growth areas in 2009. Given that many of the appellants have settled on the matter and withdrawn their appeals, and the remainder will also likely settle, there is no reason for the City to be involved any longer.

Recommended action is to authorize City Attorney Robert Carmichael to file a motion to dismiss the City of Lynden as an intervenor in Western Washington Growth Management Hearings Board Case No. 10-2-0009c.

Councilor DeValois moved and Councilor Laninga seconded that the Consent Agenda be approved. The motion carried.

III EXECUTIVE SESSION

Discussion of a Personnel Matter

Lynden City Council Minutes March 5, 2012 Page 2 of 3 Council went into Executive Session at 7:04 PM to discuss a personnel matter. It was anticipated that the Executive Session would last approximately 10 minutes and that action would be taken. Council came out of Executive Session at 7:08 PM. Action was taken.

Councilor Burns moved and Councilor Lenssen seconded that Council approve Addendum A to the collective bargaining agreement for the City of Lynden Police Department. The motion carried.

IV ADJOURNMENT

The March 05, 2012 regular session of the Lynden City Council adjourned at 7:09 P.M.

______Bill Verwolf, City Administrator Scott Korthuis, Mayor

Lynden City Council Minutes March 5, 2012 Page 3 of 3