WHATCOM COUNTY COUNCIL Regular Council Meeting
January 14, 1997
The meeting was called to order at 7 p.m. by Council Chair Ward Nelson in the Council Chambers, 311 Grand Avenue.
Also Present: Absent: Marlene Dawson None Barbara Brenner Tom Brown Alvin Starkenburg Kathy Sutter Robert Imhof
ANNOUNCEMENTS
Nelson announced that during executive session, Council discussed litigation with RDS and RECOMP (AB97-028), as well as the appeal of the Hearing Examiner filed by Killam (AB96-381).
Dawson moved to uphold the Hearing Examiner's decision.
Motion carried 5-1 with Brenner opposed and Starkenburg abstaining.
SPECIAL PRESENTATION
SPECIAL PRESENTATION BY WHATCOM COUNTY EXECUTIVE PETE KREMEN FOR RECOGNITION OF WHATCOM COUNTY STORM HEROES (AB97-017)
Executive Pete Kremen praised community heroes for their efforts during the winter storm. Those recognized were the following Whatcom County Departments: Administrative Services; District Court; District Court Probation; Executive; Health; Juvenile; Jail; Parks; Planning and Development; Prosecutor; Public Works, especially Public Works Maintenance & Operation; Sheriff; and Sheriff Emergency Operations.
Sheriff Brandland spoke in recognition of the Executive and the Sheriff's Office employees. Specifically, Neil Clement and Don Boyd, Emergency Operations Center. Also recognized were jail corrections officers; ARCO for the donation of $10,000 to the Salvation Army, the Red Cross, and the Whatcom County Search and Rescue Council; and Puget Power for donating $1,500 to the Search and Rescue Operation.
Regular Council Minutes, 1/14/97, Page 1 Kremen continued by commending the Sheriff; Search and Rescue; Search and Rescue 4x4s; Bellingham Mountain Rescue; Explorer Search and Rescue; What-Comm 911 dispatch center; fire districts #1, #2, #3, #4, #7, #8, #9, and #13; Bellingham, Blaine, and Lynden Fire Departments; St. Joseph Hospital; Lummi Law and Order; Air National Guard; Port of Bellingham; Medic One; the Salvation Army; the Red Cross; Darigold; St. Paul=s Episcopal Church; Puget Power; KAFE; KBFW; KPUG; KGMI; Lynden Transport, Inc.; WTA; the Nooksack Tribe; the Bellingham/Whatcom County Humane Society; and the Bellingham/Whatcom County Chamber of Commerce. Kremen also read a letter from ARCO expressing appreciation for the County efforts during the storm.
Kremen presented Rick Stave, KGMI station manager, with an "Above and Beyond" award for the communication link provided to the community during the winter storm.
SPECIAL ORDER OF BUSINESS
REORGANIZATION OF THE WHATCOM COUNTY COUNCIL (AB97-020)
Council chairman nominations:
Starkenburg nominated Ward Nelson.
Imhof moved approval of Nelson by acclamation.
Motion carried unanimously.
Nelson was appointed Council chair.
Council vice chairman nominations:
Imhof nominated Starkenburg. Brenner nominated Brenner. Starkenburg nominated Imhof.
NAME BRENNER DAWSON BROWN STARKENB. SUTTER IMHOF NELSON
STARKENB. X X X X X
IMHOF X
BRENNER X
Starkenburg was appointed vice chairman.
Council executive pro-tempore nominations:
Regular Council Minutes, 1/14/97, Page 2
Dawson nominated Imhof. Brenner nominated Brenner.
Nelson closed the nominations.
Those in favor of Brenner were Brown and Brenner; those in favor of Imhof were Imhof, Nelson, Sutter, Dawson and Starkenburg.
Imhof was appointed executive pro-tempore.
Brown nominated Brenner to be on Finance and Administrative Services Committee.
There was discussion regarding the time this committee meets.
Imhof nominated Dawson, who declined.
Nelson moved to approve Brown, Imhof and Brenner by acclamation.
Motion carried unanimously.
Dawson volunteered to serve on Planning and Development Committee.
Imhof moved the nomination by acclamation.
Brenner nominated Brenner.
Nelson closed the nominations.
NAME DAWSON BRENNER STARKEN SUTTER B.
DAWSON X X X
BRENNER X X X
BROWN X X X
STARKENB. X X X
SUTTER X X X
IMHOF X X X
NELSON X X X
Regular Council Minutes, 1/14/97, Page 3 Imhof moved approval by acclamation of Dawson, Brown and Brenner on the Public Works and Captial Projects Committee.
Motion carried unanimously.
Nelson moved approval by acclamation of Dawson, Sutter and Brown on the Natural Resources Committee.
Motion carried unanimously.
Imhof moved Brenner by acclamation for the Bellingham Airport Advisory Committee.
Motion carried unanimously.
Imhof moved Starkenburg and Sutter by acclamation for the Council of Governments with Sutter serving on the executive committee.
Motion carried unanimously.
Imhof moved Brenner by acclamation for the Developmental Disabilities Committee.
Motion carried unanimously.
Imhof moved Sutter by acclamation for the Economic Development Group.
Motion carried unanimously.
Imhof moved Nelson by acclamation for the Health Advisory Committee.
Motion carried unanimously.
Imhof nominated Brenner for the LEOFF Board position, who declined.
Dawson volunteered.
Imhof moved Dawson by acclamation.
Motion carried unanimously.
Nelson moved Brenner by acclamation for the Mental Health Advisory Board.
Motion carried unanimously.
Nelson moved Imhof by acclamation for the NW Air Pollution Authority.
Regular Council Minutes, 1/14/97, Page 4
Motion carried unanimously.
Nelson volunteered for both the NW Regional Council and the North Sound Regional Support Network.
Imhof moved approval by acclamation.
Motion carried unanimously.
Imhof volunteered to serve on the Opportunity Council.
Nelson moved Imhof by acclamation.
Motion carried unanimously.
Imhof moved Brown by acclamation for the Public Defense Advisory Committee.
Motion carried unanimously.
Imhof nominated Brown for the Solid Waste Advisory Committee. Nelson nominated Imhof.
Those in favor of Brown were Nelson, Imhof, Brenner, Dawson, Starkenburg, Sutter and Brown.
Imhof moved approval by acclamation of Brown for the Substance Abuse Board.
Motion carried unanimously.
Imhof moved approval by acclamation of Dawson and Sutter for the Nooksack Water Users Service Committee.
Motion carried unanimously
Imhof moved approval by acclamation of Dawson for the Whatcom Transit Authority.
Motion carried unanimously.
Standing Committees Dawson Nelson Sutter Starkenburg Brown Imho Brenner f
Regular Council Minutes, 1/14/97, Page 5 Finance & Admin Services X X X
Planning & Development X X X
Public Works & Cap. Proj. X X X
Standing Committees
Other Committees
B=ham Airport Advisory X
Council of Governments X X (exec)
Developmental Disabilities X
Economic Devel. Group X
Health Dept. Advisory Com X
LEOFF Board X
Mental Health Advisory X Bd.
NW Air Pollution Authority X
NW Regional Council X
N Sound Regional Support X
Opportunity Council X
Public Defense Advisory X
Solid Waste Advisory X
Substance Abuse Board X
Nooksack Water Users Svc. X X
Whatcom Transit Authority X
OPEN SESSION
The following people addressed Council in open session:
Suzanne Blais, 2628 Cherry Street: The Corner Garden=s TCI lease (AB95-307B)
Regular Council Minutes, 1/14/97, Page 6 Lynn Barton, 2010 Iron Street: The Corner Garden's TCI lease (AB95-307B) Tom Burton, 1346 Blaine Avenue, Blaine, a member of the Puget Sound Crab Association: Management of fisheries resources (AB97-033) Dick Gilda, Jensen Road, Bellingham: Lake Whatcom Trail (AB96-377) Anthony Raab, 2834 North Shore Road: Lake Whatcom Trail (AB96-377) Bill Blaze, Black Dog Productions: Public access television (AB96-252) Jean Freestone, 3200 Vallette Street: Comprehensive Plan (AB96-051) Wade Martin, 1442 Seacrest Drive, Lummi Island: Management of fisheries resources (AB97-033) Josselyn Winslow, 433-17th Street: Commended Council member Nelson for his efforts on NWRC and RSN (AB92-274) Stan Larsen, 5698 Sand Road, member of the board of the Whatcom Historical Society: Lake Whatcom Trail (AB96-377) Rita Foley, Blue Canyon Road: Lake Whatcom Trail (AB96-377) Patrick Alesse, 4825 Alderson Road, Birch Bay, a member of CRAB (Concerned Residents at Birch Bay) Flooding in the Birch Bay area (AB97-042) Mark Lawrence, 2590 Norway Drive, Ferndale: Lake Whatcom Trail (AB96-377) Steve Reid, South Lake Whatcom: Lake Whatcom Trail (AB96-377) George Essler, 4815 Alderson Road, Birch Bay: Flooding in the Birch Bay area (AB97- 042)
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved to approve items 1-6.
Motion to approve carried unanimously.
1. RESOLUTION RECOMMENDING ESTABLISHMENT OF CRP-995003, THE REPLACEMENT OF LINDSAY ROAD BRIDGE NO. 305 OVER THE SUMAS RIVER AND THE MAINTENANCE OVERLAY OF BRIDGE NO. 304 OVER THE SUMAS RIVER AND APPROVAL OF AWARD OF CONTRACT TO THE LOW BIDDER, ONE-WAY CONSTRUCTION IN THE AMOUNT OF $235,768.50 (AB97-022)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH WASHINGTON STATE DEPARTMENT OF HEALTH FOR PUBLIC HEALTH SERVICES (AB97-023)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT EXTENSION WITH THE WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES FOR OUTREACH, CASE FINDING AND FACILITATION FOR MEDICAID ELIGIBLE CLIENTS (AB97-024) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
Regular Council Minutes, 1/14/97, Page 7 CONTRACT WITH WHATCOM COUNTY COUNCIL ON AGING TO ASSIST DEVELOPMENTALLY DISABLED SENIOR CITIZENS (AB97-025)
5. RESOLUTION ACCEPTING THE TREASURER=S LIST OF PROPERTY TAX REFUNDS (AB97-026)
6. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES (AB97-027)
PUBLIC HEARING
1. ORDINANCE IN THE MATTER OF INSTALLING STOP SIGNS ON VARIOUS WHATCOM COUNTY ROADS (AB96-425)
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved to adopt.
Motion to adopt carried unanimously.
OTHER ITEMS
1. ORDINANCE AMENDING THE 1997 BUDGET, REQUEST #1 (AB96-426)
Imhof reported for Finance and Administrative Services Committee and moved to adopt the ordinance.
Motion to adopt carried unanimously.
2. CONSIDERATION OF THE APPEAL OF THE HEARING EXAMINER=S DECISION ON ZONING CONDITIONAL USE PERMIT CUP95-0056, FILED BY RONALD ROBERTSON, C/O FRANK CHMELIK (AB96-381)
(See ΑAnnouncements≅)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.92.120 REGARDING THE DEPUTY HEARING EXAMINER (AB96-348)
Imhof moved to adopt.
Motion to adopt carried unanimously.
Regular Council Minutes, 1/14/97, Page 8 4. COUNCIL APPROVAL TO SEND LETTER REGARDING MANAGEMENT OF FISHERIES RESOURCES TO GOVERNOR LOCKE, STATE REPRESENTATIVES, AND STATE FISHERIES COMMISSION (AB97-033)
Starkenburg moved approval.
Motion carried unanimously.
5. APPOINTMENT TO NOXIOUS WEED CONTROL BOARD (AB96-435)
Imhof moved to appoint Wesley Kentch by acclamation.
Motion carried unanimously.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION FOR A CLASS H LIQUOR LICENSE FOR POINT ROBERTS MARINA CLUB LOCATED AT 713 SIMUNDSON DRIVE, POINT ROBERTS (AB97-029)
Imhof moved approval.
Motion carried unanimously.
7. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO APPOINT DEETTA PULLAR TO THE PARKS AND RECREATION COMMISSION (AB97-030)
Imhof moved to approve the appointment.
Motion carried unanimously.
8. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO APPOINT DAVID PETERSON TO THE LAKE MANAGEMENT DISTRICT NO. 1 ADVISORY COMMITTEE (AB97-031) (COUNCIL ACTING AS LAKE MANAGEMENT BOARD OF SUPERVISORS)
Imhof moved to approve the appointment.
Motion carried unanimously.
9. REQUEST COUNCIL CONFIRMATION FOR THE EXECUTIVE TO APPOINT ARNE CLEVELAND TO A SECOND TERM ON THE SUBSTANCE ABUSE ADVISORY COMMITTEE BOARD (AB97-032)
Regular Council Minutes, 1/14/97, Page 9 Brown moved to approve and also appoint Mary Therese Kelleher to fill a vacancy.
Motion carried unanimously.
10. RESOLUTION AUTHORIZING THE PURCHASE OF THE LAST PARCEL OF THE LAKE WHATCOM TRAIL (AB96-377)
Imhof moved approval.
There was discussion on the motion.
Nelson moved to meet briefly in executive session to discuss with Administration the possible purchase.
Motion carried 5-2 with Brenner and Brown opposed.
(Clerk=s Note: The meeting was reconvened five minutes later.)
Motion to approve failed 0-7.
INTRODUCTION ITEMS
Imhof moved to accept the introduction items.
Motion carried unanimously.
1. RECEIPT OF APPEAL OF THE HEARING EXAMINER=S DECISION OF HEARING EXAMINER FILE NO. APL94-0021 FILED BY MICHAEL HICKEY (AB96-416)
2. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCTS FOR THE CITY OF FERNDALE (AB97-034)
3. RECEIPT OF APPEAL OF THE HEARING EXAMINER=S DECISION ON HEARING EXAMINER FILE NO. CUP 96-0028 FILED BY DARCY GILL C/O LARRY KINGMA (AB96-430)
4. ORDINANCE AMENDING THE 1996 BUDGET, REQUEST #13 (AB96-036)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Brenner stated the issue of a road widening complaint by Bill Bliss would go into Public Works and Capital Projects Committee (AB97-044).
Regular Council Minutes, 1/14/97, Page 10 Brown thanked the County businesses which refused to distribute a magazine concerning the death of the little girl in Colorado.
Dawson stated her concern with the Bellingham Herald regarding its policy on the Letters to the Editor, citing a specific incident.
Lot Consolidation (AB96-284): Sutter would like to see action on this issue. It was agreed to place this on Planning and Development Committee=s agenda after completion of the Comp Plan.
ADJOURN
The meeting was adjourned at 9:05 p.m.
______Marina Mason, Recording Secretary
These minutes were approved by the Council on ______, 1997.
ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON
______Dana Brown-Davis, Council Clerk L. Ward Nelson, Council Chair
Regular Council Minutes, 1/14/97, Page 11