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HomeMy WebLinkAboutCouncil February 22 1994WHATCOM COUNTY COUNCIL REGULAR MEETING February 22, 1994 The meeting was called to order by Council Chair Robert Imhof at 7 p.m. in the Council Chambers, 1000 N. Forest Street. Also present: Larry Harris Barbara Brenner Marlene Dawson Alvin Starkenburg Ken Henderson Absent: Ward Nelson READING AND APPROVAL OF MINUTES of the December 14, 1993 and January 25, 1994 meetings. The minutes of the December 14, 1993 and January 25, 1994 meetings were approved as presented. SPECIAL PRESENTATION: 1. Discussion with Shirley Van Zanten, County Executive, on the issues of contract (AB94 -121) The Executive answered questions presented by Council Members, and additional comments were offered by legal counsel. OPEN SESSION Any member of the audience may address the Council on any issue at this point in the meeting. If an item is scheduled for public hearing, we ask that you wait to testify until the hearing on that item is opened by the Chair. Before beginning to comment, each speaker should state his /her name, address, and the topic of interest, for the record. The following persons addressed the Council in open session: Maryjo Tregilgas, Iowa Drive: Northwest Regional Council Interlocal Agreement (AB94 -035) Vern Ahlman, KMD Architects: Contract with Paul Rushing (AB94 -121) Noemi Ban, 405 Bayside Road, Bellingham: Northwest Regional Council Interlocal Agreement, specifically regarding dividing aging and disability services David Mason, Bellingham: Water District 10 sewer line, appeal of State Shorelines Appeal Board decision Lloyd Austin, Bellingham: Suggested audit on courthouse project Regular Council Minutes, 2/22/94, Page 1 Lee Denke, Mt. Vernon: Water District 10 sewer line Cory Lincoln, Bellingham: One of the contractors who was underpaid as a plumber (according to the prevailing wage) on courthouse construction project Don Flescher: Paul Rushing's wages and benefits Art Hyatt, Bellingham: Flood Control Zone Advisory Committee and KCM contract CONSENT AGENDA Items under this section of the agenda may be considered in a single motion. Council members have received and studied background material on all items. Committee review has taken place. Any member of the public, administrative staff, or council may ask that an item be considered separately. (Items 1 -13 scheduled for Finance & Personnel Committee) Starkenburg moved to appove the items in the consent agenda with the exception of items #1, 3, 10. 1. BID AWARD RECOMMENDATION FOR FIVE 1/2 TON EXTENDED CAB PICKUP TRUCKS TO THE LOW BIDDER, OLYMPIC FORD INC., AT $15,326.10 EACH FOR A TOTAL OF $82,914.21 INCLUDING SALES TAX (AB94 -105) This item is not on the consent agenda. Starkenburg moved to table this item until the next meeting on March 1. The motion carried unanimously with Nelson absent. 2. BID AWARD RECOMMENDATION FOR TWO SMALL UTILITY VEHICLES THROUGH STATE CONTRACT #127C -93 FROM BUD CLARY JEEP AT $17,479.44 EACH, A TOTAL OF $37,795.54 INCLUDING SALES TAX AND PURCHASING FEE (AB94 -106) 3. BID AWARD RECOMMENDATION FOR THREE MID -SIZE SEDANS THROUGH STATE CONTRACT #127A -93 FROM GEORGE GEE PONTIAC AT $12,336 EACH, A TOTAL OF $42,153.68 INCLUDING SALES TAX AND PURCHASING FEE (AB94 -107) This item is not on the consent agenda. Starkenburg moved table this item until the next meeting on March 1. The motion carried unanimously with Nelson absent. 4. BID AWARD RECOMMENDATION FOR TWO MID -SIZE POLICE SEDANS TO THE LOW BIDDER, DIEHL FORD AT $15,0959 A TOTAL Regular Council Minutes, 2/22/94, Page 2 OF $32,242.92, INCLUDING SALES TAX (AB94 -108) 5. BID AWARD RECOMMENDATION FOR THREE SMALL EXTENDED CAB PICKUP TRUCKS FROM STATE CONTRACT #127A-93 THROUGH GILCHRIST CHEVROLET AT $10,681 EACH, A TOTAL OF $34,830.74 INCLUDING SALES TAX AND PURCHASING FEE (AB94- 109) 6. BID AWARD RECOMMENDATION FOR TWO SPECIAL PURPOSE POLICE VEHICLES TO THE LOW BIDDER, PIONEER FORD, AT $22,813 EACH, A TOTAL OF $48,728.57 INCLUDING SALES TAX AND LOCAL SALES TAX REVENUE PREFERENCE (AB94 -110) 7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH LAKE WHATCOM RESIDENTIAL AND TREATMENT CENTER FOR $16,778.75 FOR THREE MONTHS (1/1/94 TO 3/31/94) (AB94 -111) 8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH CATHOLIC COMMUNITY SERVICES NORTHWEST FOR $12,073.50 FOR THREE MONTHS (1/1/94 TO 3/31/94) (AB94 -112) 9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH WHATCOM COUNSELING AND PSYCHIATRIC CLINIC FOR $18,313 FOR THREE MONTHS (1/1/94 TO 3/31/94) (AB94 -113) 10. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH SUN COMMUNITY SERVICES FOR $34,702 FOR THREE MONTHS (1/1/94 TO 3/31/94) (AB94 -114) Starkenburg spoke to this item. It is being pulled off regarding insurance. It has a $100,00 and $300,000 policy, but there needs to be $1 Million umbrella. Starkenburg moved to approve the contract with the stipulation that the insurance be as per specified. The motion carried unanimously with Nelson absent. 11. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH JERRY HAINLINE TO ASSIST THE COUNTY IN DEFENDING ITSELF AGAINST CLAIMS BY THE GENERAL CONTRACTOR IN AN AMOUNT NOT TO EXCEED $35,000 (AB94 -115) Regular Council Minutes, 2/22/94, Page 3 12. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH PETERSON CONSULTING AND RONALD MAUS FOR ASSISTANCE IN ANALYZING THE COST OF CLAIMS BY THE GENERAL CONTRACTOR (AB94 -116) 13. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT AMENDMENT III WITH HARDING LAWSON ASSOCIATES FOR GROUNDWATER MONITORING SERVICES AT THE CEDARVILLE LANDFILL IN 1994 FOR $46,425 (AB94 -117) (Item 14 scheduled for Water Resources Committee) 14. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT FORMALIZING THE NOOKSACK WATER USERS' STEERING COMMITTEE (AB94 -118) Harris reported for Water Resources Committee. Harris moved to authorize the Executive to enter into the Interlocal Agreement. The motion carried unanimously with Nelson absent. OTHER ITEMS (Council action may be taken) (Items 1 -2 scheduled for Finance & Personnel Committee) 1. ORDINANCE AMENDING THE 1994 BUDGET, REQUEST NO. 1 (AB94 -085) Brenner moved to adopt the ordinance. Harris moved to remove paragraph 2 (The supplemental request for the courthouse expansion fund appropriates $45,906 from the fund balance and investment interest for completion of the construction of the courthouse.) from the ordinance and hold in the Finance Committee for clarification of the amount of money. Woods suggested that this ordinance could be split into two ordinances. Gibson agreed that would be appropriate. and 3. Harris amended his motion to add that the Council consider tonight Paragraphs 1 The motion carried 5 -1 with Imhof opposed and Nelson absent. Regular Council Minutes, 2/22/94, Page 4 Brenner moved to request immediate state audit on all costs connected with Rushing and the legality of the contract itself. Motion carried unanimously with Nelson absent. Henderson moved to amend the ordinance (Paragraph 3) to hold in committee one week for consultation with the Purchasing Manager. The motion carried unanimously with Nelson absent. Imhof moved to hold the entire motion until next week. The motion carried unanimously with Nelson absent. Dawson suggested this be item number one on next week's agenda. 2. RESOLUTION ORDERING THE SEGREGATION OF LOCAL AND ROAD IMPROVEMENT DISTRICT NO. 9, SEGREGATION NO. 94 -1 (AB94 -096) Henderson moved to approve the resolution. Motion carried 5 -0 with Harris out of the room and Nelson absent. (Item 3 scheduled for Planning & Development Committee) 3. ORDINANCE AMENDING THE INTERIM ZONING CODE, WCC CHAPTER 2.24A.100.350, TO ESTABLISH BUILDING SETBACKS IN ACCORDANCE WITH TITLE 20, CHAPTER 20.80.200 FOR THE URBAN RESIDENTIAL ZONE (AB94 -087) Dawson moved to approve. Motion carried 5 -0 with Harris out of the room and Nelson absent. (Item 4 scheduled for Public Services & Solid Waste Committee) 4. ORDINANCE ESTABLISHING A WEIGHT LIMIT ON BIRCH BAY DRIVE (AB94 -037) Brenner moved to hold in committee for one week. Motion carried unanimously with Nelson absent. Regular Council Minutes, 2/22/94, Page 5 (Item 5 -- no committee assignment) 5. INTERLOCAL AGREEMENT FOR NORTHWEST REGIONAL COUNCIL (AB94 -035) Dawson moved to approve the Northwest Regional Council Interlocal Agreement. The motion carried 6 -0 with Nelson absent. INTRODUCTION ITEMS The Council may accept these items for introduction (no action) in a single motion. Changes, in terms of committee assignment for example, may be made at this time. 1. ORDINANCE TO ADOPT A NO- SHOOTING ZONE OR THE NELSON ROAD AREA FILED BY MARY DUCKER (94 -054) (HEARING SCHEDULED 3/8) 2. ORDINANCE ORDERING THE PARTIAL CLOSURE AND TRAFFIC RESTRICTION OF ROOSEVELT ROAD BETWEEN TYEE DRIVE AND A POINT 250 FEET WEST OF TYEE DRIVE IN POINT ROBERTS, WASHINGTON (AB94 -069) (HEARING SCHEDULED 3/8) 3. ORDINANCE AMENDING THE PLANNING COMMISSION APPOINTMENT PROCESS (AB94 -097) (REFERRAL TO FINANCE) 2. RECEIPT OF APPLICATION FOR OPEN SPACE /TIMBER, FILED BY J. DAVID JENKINS (AB94 -093) (REFERRAL TO PLANNING COMMISSION) Brenner moved to accept the introduction items. Motion carried unanimously with Nelson absent. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Health Board (94 -126) Brenner noted the board meets March 1 for discussion of rural health and access care for migrant workers. She will get an update from health department. Henderson would like a monthly meeting for a 15 minute update to keep abreast of issues. Harris will plan with Imhof upcoming meetings. Ferndale Mobile Home Park (94 -125) There is a sewage problem. Brenner will schedule with Imhof for the Health Board. LEOFF Board (94 -005) Brenner withdrew from LEOFF board to work with the Airport Avisory Board. Dawson volunteered to work on this board. Contact Jerry Joubert and inform him who the new member is. Planning Commisssion Nominations (AB93 -491): Robert Moore has been nominated. Nominations will be made next week. Nominations are to be left open until March 1. Dawson nominated Phil Urso. Regular Council Minutes, 2/22/94, Page 6 The County Council also serves as the board of supervisors for this district. Because the district is a se arate 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. The Council recessed its meeting and convened a meeting as the Board of Supervisors for the County -Wide Flood Control Zone District. ACTION: APPOINTMENT TO THE COUNTY -WIDE FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE (AB94 -038) Henderson moved to approve Bill Harriman's appointment. The motion carried unanimously with Nelson absent. Starkenburg moved that Lloyd Ludtke be appointed as an alternate to the committee representing geographic areas. Starkenburg withdrew the motion. Harris moved to recommend that Art Hyatt be retained on the Flood Control Zone Advisory Committee. Motion failed 3 -3 with Dawson, Imhof and Starkenburg opposed and Nelson absent. ADJOURN The regular Council meeting was adjourned at 9:50 p.m. Respectfully submitted, a ma cAllister, Kecoraing becre ary These minutes were accepted by the Council on March 8 , 1994. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ramona Reeves, Clerk of e ouncil Rforert Iniflot, Co unce air Regular Council Minutes, 2/22/94, Page 7