WHATCOM COUNTY COUNCIL Regular Council Meeting. August 1, 1995

Transcription

1 ~ 0 1 OPEN SESSION 0) Also Present: Marlene Dawson Barbara Brenner Larry Harris Alvin Starkenburg Ken Henderson Ward Nelson WHATCOM COUNTY COUNCIL Regular Council Meeting August 1, 1 The meeting was called to order at p.m. by Council Chair Robert Imhof in the Council Chambers, Grand Avenue. ANNOUNCEMENTS Absent: None Growth Planning Hearings Board (AB-0): Imhof announced that during executive session there was discussion on Growth Planning Hearings Board issues. Counsd Dan Gibson is to continue negotiations with the state with the attendance of Council members and move forward with that discussion and negotiations. Flow Control (AB-1C): Executive session discussion also took place on legal review pertaining to flow control. A work session is to be held in the near future on flow control, possibly one week from today.. Appeal of Hearing Examiner's Decision on Preliminary Plat (AB-1): Imhof moved to uphold the Hearing Examiner's decision and modify the conditions to allow three accessory units and require bonding for the paving per staff recommendations. The following people addressed the Council at open session: Tim Douglas, 1 Williams Street: Human Rights Task Force (AB-0) Vernon Demonte Johnson: Human Rights Task Force (AB-0) Marie Bortella, -th Street, Bellingham: Human Rights Task Force (AB- Don Pierce, 0 Grand Avenue: Human Rights Task Force (AB-0) Alice Cyr, Sudden Valley: Human Rights Task Force (AB-0) Regular Council Minutes, /1/, Page 1

2 A 0 1 Dale Brandland, Sheriff: Human Rights Task Force (AB-0) Bell Shalom: Human Rights Task Force (AB-0) David Redfox, Lincoln Street: Human Rights Task Force (AB-0) Tom Richardson, 0 Haxton Way: Human Rights Task Force (AB-0) Joe Deeny, Wilson: Human Rights Task Force (AB-0) Chris Chisholm, North State Street: Human Rights Task Force (AB-0) Sherilyn Wells, 0 Geneva: Human Rights Task Force (AB-0) Grant Allen, Sanderland Way: Beacon Group (AB--0) Bob Andersen, 0 West Holly, Suite 1: Resolution for Drayton Harbor (AB-1C) Rodney Lund, 1 Rola:p.d Street: Human Rights Task Force (AB-0) Joe Elenbaas, 00 E. Smith Road: Defiance Park (AB-1) Skip Richards: Citizens Review Committee (AB-) Lynn Allen, Alderwood: Human Rights Task Force (AB-0) Gregory Marshall Sr, 1 Oriental Avenue: Citizens Review Committee (AB- ) Imhof moved approval of the resolution regarding the Human Rights Task Force, which is further down the agenda. Henderson moved approval of the substitute resolution as read. Imhof requested Council discuss Number under Public Hearings:. RESOLUTION ADOPTING ADA TRANSITION PLAN AND SELF EVALUATION PLAN FOR THE YEARS 1 THROUGH 1 (AB-) Staff report was given by Nat Dickinson, WhatcomCounty ADA Coordinator. The ADA Plan become federal law in. Whatcom County is required to make its. programs accessible to the disabled and evaluate its policies and programs and prepare an ADA Transition Plan listing the structural changes to buildings and facilities undertaken to make those programs accessible. Each department in the courthouse appointed a representa.tive to evaluate his department's policies, programs and facilities in order to identify barriers to access for those who are disabled.. Facilities teams were developed to evaluate various county building improvements needing to be done to enhance accessibility, the estimated costs, and the time frame. Regular Council Minutes, /1/, Page

3 Dickinson requested an amendment to approve adding the following language to page : "The Whatcom County Council recognizes that the order of priorities on the implementation schedule of this plan is tentative, and recognizes the authority of the ADA Coordinator and the Department of Administrative Services to change the order if necessary." Josephine Davidson, West Kellogg Road, Chair of the Whatcom County ADA Compliance Committee, spoke on endorsement of the resolution. Imhof opened the public hearing and the following people spoke: 1 Carol Maher, 11 Emerald Lakeway 1 Bruce Walton, 0 North Shore Road. Dick Hayes, -0th Street, Bellingham 1 Jean Ogle, 1 Samish Way 1 Sue Norman, 1 Utter Street 1 Susan Jewell, 0 Roeder, Everson 1 Tony Denato, 1 Roemer (sp?) Road, Bellingham 1 Joselyn Winslow, -1th Street, Bellingham 0 Bill Smith, South Garden Street 1 Kurt Dessauer, 0 Alderwood, Apt Imhof closed the public hearing. ~ Brenner moved to table until some of the easily fixable problems have been cleaned up and then place it in Public Works and Capital Projects Committee. Starkenburg would like to enter into the record the Wall Street Journal article of July, 1 by Janet Reno and Dick Thornberg: "ADA--Not a Disabling Mandate". Dickenson was concerned that the 1 projects go ahead so some of the problems can be fixed. Nelson moved to accept the 1 spending plan for the ADA acceptance and place this in committe.e for review. (Clerk's Note: A minute break was taken.) 0 1 CONSENT AGENDA Starkenburg recommended approval of the consent agenda items.. Regular Council Minutes, /1/, Page

4 ~ 0 1 Starkenburg moved to remove items,,, and. Henderson moved to remove item. Motion to approve items 1 through carried unanimously. Starkenburg moved to approve the five contracts (items through ) and give administration authority to change the line items. He noted the staff will be reporting to Public Works and Capital Projects Committee in mid-september with the recommendation(s) of the Executive Committee. Henderson inquired about possible space in the courthouse as an alternate possibility. There was much discussion. Henderson moved to table this item for two weeks. 1. BID AWARD RECOMMENDATION FOR PRINTING, COpy AND COMPUTER PAPER TO MULTIPLE BIDDERS FOR THE PERIOD AUGUST 1,1 THROUGH JULY,1 (AB-). REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR PRE-VOCATIONAL SERVICES AND INDIVIDUAL EMPWYMENT SERVICES WITH VANGARD NORTHWEST FOR A 0-DAY PERIOD IN THE TOTAL AMOUNT OF $,. (AB J). REQUEST FOR AUTHORIZATION FOR THE EXECUTIYETO ENTER INTO AN AGREEMENT FOR CHILD DEVELOPMENT SERVICES WITH WHATCOM CENTER FOR EARLY LEARNING FOR A 0-DAY PERIOD IN THE TOTAL AMOUNT OF $,.0 (AB-). RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 00 AND THE AWARD OF CONTRACT FOR CONSTRUCTION OF BRIDGE AND APPROACH GUARDRAILS FOR VARIOUS COUNTY BRIDGES TO THE LOW BIDDER PETERSEN BROTHERS, INC. FOR $1,11. (AB-) Regular Council Minutes, /1/, Page

5 . REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR CONSULTING SERVICES WITH NEXT STEP ASSOCIATION FOR EXTENSION OF COMPLETION DATE TO DECEMBER,1.. THE TOTAL COST FOR THE SCOPE OF WORK FOR 1 SECOND ARROW PROJECf IS $,000 (AB-01A). REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR CONSULTING SERVICES WITH NEXT STEP ASSOCIATION FOR EXTENSION OF COMPLETION DATE TO DECEMBER,1. 1 THE TOTAL COST FOR THE SCOPE OF WORK FOR 1 THIRD 1 ARROW PROJECf IS $,000 (AB-01A) 1. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO 1 ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR 1 CONSULTING SERVICES WITH RE SOURCES FOR EXTENSION 1 OF COMPLETION DATE TO DECEMBER, 1. THE TOTAL 1 COST FOR THE SCOPE OF WORK FOR 1 COMMERCIAL 0 WASTE EVALUATIONAND TECHNICAL ASSISTANCE SERVICES 1 IS $0,000 (AB-01A). REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR CONSULTING SERVICES WITH RE SOURCES FOR EXTENSION OF COMPLETION DATE TO DECEMBER,1. THE TOTAL COST FOR THE SCOPE OF WORK FOR 1 HOUSEHOLD HAZARDOUS WASTE EDUCATION AND PROMOTION PROGRAM IS $,000 (AB-0A). REQUESTFOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AMENDMENT TO AN AGREEMENT FOR CONSULTING SERVICES WITH RE SOURCES FOR EXTENSION OF COMPLETION DATE TO DECEMBER, 1. THE TOTAL COST FOR THE SCOPE OF WORK FOR 1 SOLID WASTE PREVENTION AND RECYCLING EDUCATION AND PROMOTION PROGRAM IS $,000 (AB-01A). REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO 0 ENTER INTO A LEASE AGREEMENT WITH EMERALD 1 CORPORATION FOR COUNTY RECORDS CENTER AT 0 GUIDE MERIDIAN ROAD, BELLINGHAM, WASHINGTON (AB- ) Regular Council Minutes, /1/, Page

6 PUBLIC HEARINGS 1. ORDINANCE AMENDING THE PUBLIC BENEFIT RATING SYSTEM REMOVING OPEN SPACE/TIMBER FROM PLANNING COMMISSION EVALUATION AND ADDING A NEW CLASSIFICATION, FARM AND AGRICULTURE CONSERVATION (AB-) (FROM /1) Imhof opened the public hearing, and the following people spoke: Bob Andersen, 0 West Holly, Suite Paul Sorensen, 1 Buena Vista Place Sherilyn Wells, 0 Geneva, Bellingham Anthony Raab, North Shore Road Tom Brown, 0 Mt. Baker Highway Hearing no one else, Imhof closed the public hearing. Harris moved to approve the ordinance. There was discussion on the motion. Dan Taylor, Planning Department, commented. Nelson moved to place this item in Planning and Development Committee for review.. ORDINANCE AMENDING LAND CLEARING REGULATIONS IN TITLE 0, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (AB-) (FROM /1) Terry Galvin, Planning Department, gave a staff report. He suggested the Council review the process but hold the final decision until Planning has developed a draft set of standards which have been approved by the Executive. Galvin noted their proposal is to amend existing regulations so the County can do a better job of insuring that the clearing of land is done responsibly and minimizes damage to the community and the environment. Land clearing, by definition, is essentially the removal of vegetation from land as a necessary first step in the course of Regular Council Minutes, /1/, Page

7 development. This land clearing causes water quality problems. Two administrative processes, which work together, have been developed for review of land clearing: stormwater management and land clearing review. He then described the review process. Bill Florea, Land Use Manager, discussed the penalty section of the proposed ordinance. He stated his department is focusing to a large extent on personal responsibility because this ordinance represents a departure in the County's philosophy toward land disturbance review. A strong but flexible approach to enforcement has been taken. Imhof opened the public hearing, and the following people spoke: Bob Andersen, 0 West Holly, Suite Anthony Raab, North Shore Road Tom Brown, 0 Mt. Baker Highway Judy Tilley, Galberth Lane Skip Richards Sherilyn Wells, 0 Geneva Richard Gilda, Jensen Road Hearing no one else, Imhof closed the public hearing. Starkenburg suggested Council make no decision tonight and requested the following: 1. Legal response and how the Council will process this information (legal response refers to question Bob Anderson had regarding Rolf Beckhusen's opinion on the ability of Council to delegate this);. Staff report to Council on any questions; and. Hold the record open.until two weeks after the stormwater hearing on August, 1.. Imhof left the public hearing open indefinitely. No action was taken on the issue.. ORDINANCE ESTABliSHING SPEED LIMIT ON LINDSAY ROAD Imhof opened the public hearing, and no one spoke. Brenner moved to approve the ordinance. Regular Council Minutes, /1/, Page

8 A 0 1. RESOLUTION ADOPTING ADA TRANSITION PLAN AND SELF EVALUATION PLAN FOR THE YEARS 1 THROUGH 1 (AB ) (Clerk's Note: This issue was discussed earlier immediately after "Open Session'~). ORDINANCE AMENDING THE TCI FRANCHISE ORDINANCE TO EXTEND IT FOUR MON1!IS TO DECEMBER, 1 OR UNTIL A NEW ORDINANCE IS IN PLACE (AB-) Mary Scrimsher, Public Works, gave a staff report. She noted the ordinance extension with TCI expires August, 1 and is not completed. Imhof opened the public hearing, and no one spoke. Hearing no one, Imhof closed the public hearing. Brenner moved approval of the ordinance. OTHER ITEMS 1. RESOLUTION CREATING A CITIZENS REVIEW COMMITTEE TO REVIEW POTENTIAL SALES OF COUNTY OWNED PROPERTY (AB-) (FROM /1) Brenner moved approval of the amended resolution. Brenner moved the following amendment on page, lines, and of the resolution,"...committee is to be made up of mj.p:g~ the following professionals..." and " sufveyof ipbrl ir..".. """"""". Motion to amend carried unanimously. Motion to approve the resolution as amended carried unanimously.. CONSIDERATION OF APPEAL - HEARING EXAMINER'S DECISION ON PRELIMINARY PLAT (PLS-000), FILED BY WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES (LAND USE DIVISION) AND WHATCOM COUNTY PUBLIC WORKS DEPARTMENT (ENGINEERING DIVISION) (AB-1) (Clerk's Note: This item was reported on earlier. See ''Announcements'~) Regular Council Minutes, /1/, Page

9 1 1. APPOINTMENT TO FILL VACANCY ON THE PLANNING COMMISSION (AB-B) Imhof opened the nominations. Starkenburg nominated Dana Beech. Harris nominated Mary Dumas. Dawson moved to close nominations. NAME HENDER DAWSON NELSON IMHOF HARRIS BRENNER SfARKEN. BEECH X X X X DUMAS X X X ~ 0 1. APPOINTMENT OF KENNETH HENDERSON TO SERVE AS THE ALTERNATE MEMBER FOR LARRY HARRIS ON THE NORTH SOUND REGIONAL SUPPORT NETWORK (AB-) Brenner moved to nominate Ken Henderson.. RESOLUTION ENDORSING THE EFFORTS OF THE WHATCOM HUMAN RIGHTS TASK FORCE(AB-0). (Clerk's Note: This item has already been discussed.) ~ RESOLUTION SETTING THE DRAYTON HARBOR WATERSHED SHELLFISH PROTECTION DISTRICT RESPONSE PLAN (AB-1D) Harris reported on the status of the Drayton Harbor Shellfish District Plan and the Advisory Committee and moved to approve the resolution. Bob Woods, Budget and Program Analyst, clarified some of the comments made during open session. Brenner moved to amend page 1, line 1 of the resolution as follows: "...the following goals and objectives shall be is~pqigi:~1 the plan..." Motion to amend carried unanimously. Brenner moved to amend line 1, page of the resolution to change "Cooperative &tension" to "@onseria1tlonl1)lsmt". ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Regular Council Minutes, /1/, Page.

10 '. 0 1 Motion to amend was withdrawn. Brenner moved to amend line, page of the resolution to change "Heed CORtrol ZORO Distriet" to Itl~ltl:::I~RI!I~I". Motion to amend failed - with Brenner and Dawson in favor. There was discussion on the item. Motion to approve the resolution as amended carried unanimously. INTRODUCTION ITEMS Brenner moved approval of the introduction items. 1. AN ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 1.0 AND ADOPTING, BY REFERENCE, THE 1 EDITION OF THE UNIFORM BUILDING CODE WAC 1- 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. -0 (AB-) (HEARING TO BE SCHEDULED). REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH THE NORTHWEST WASHINGTON FAIR CLARIFYING ITS RELATIONSHIP WITH THE COUNTY (-).. ORDINANCE ESTABLISHING THE NORTHWEST WASHINGTON FAIR AS AN AREA FAIR (AB-A) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Brenner again questioned the presence of the security guard. Harris moved that the County Council staff begin the advertising process for the Drayton Harbor District Advisory Committee. The advertisement will stress that "members will have a direct interest in the district", such as: Regular Council Minutes, /1/, Page

11 ! Commercial shell fishing Agriculture Recreational shell fishing Fish processing Recreational boating Experience with the Drayton Harbor Management Committee Blaine City' Council Residential Property owners 1 Starkenburg made a friendly amendment to strike recreational shell fishing and request a Port representative. The friendly amendment was accepted by Harris. ADJOURN ATIEST: The meeting was adjourned at : p.m. These minutes were approved by the Council on Sept. 1, "----- ~ " (', ', ~citherk " ~ WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Regular Council Minutes, /1/, Page