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HomeMy WebLinkAboutCouncil March 9 1993WHATCOM COUNTY COUNCIL Regular Meeting March 9, 1993 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest St., 2nd floor, by Council Chair Marge Laidlaw. Also present: Absent: Barbara brenner Larry Harris Ken Henderson Bob Imhof . Dennis Vander Yacht Dan Wamer Laidlaw reported on the discussion which took place in Executive Session regarding Water District 10. LAIDLAW MOVED TO HAVE ATTORNEYS FOR ALL PARTIES INVOLVED IN THIS MATTER MEET WITH MR. HORNER TO MEDIATE, WITH COST SHARING AN EQUAL BASIS WITH WATER DISTRICT 10, UP TO A MAXIMUM OF 20 HOURS, FOR A TOTAL OF $1,800 ($900 - COUNTY, $900 - DISTRICT). THE PURPOSE IS TO SEEK SETTLEMENT IF POSSIBLE. The motion carried unanimously. Laidlaw reported that the County Wide Planning Policies meeting has been changed to March 31, Shuksan Middle School. Laidlaw reported that the Whatcom Transit Authority is forming a composition committee to look at the makeup of their Board. Ken Henderson, the Council's representative to the WTA Board has been appointed to serve on that committee. OPEN SESSION Lloyd Austin, 1838 Lakeside: Stated that he feels that County Council is owed an apology by David Syre for calling the Council "short- sighted" on the issue of the Cordata Rezone. Amanda Fleming: Spoke in support of the resolution opposing SB5832 regarding lab use of animals prior to being euthanized (AB93 -081). Tom Donnelly, Special -T Striping and Sign Co.: Spoke to the signage bid (AB93 -072). He was asked to hold his testimony until the issue came before Council later in the meeting. Cindy Pflueger: Spoke in support of the resolution opposing SB5832 regarding lab use of animals prior to being euthanized (AB93 -081). Mary Henry, Executive Director, Humane Society: Spoke in support of the resolution opposing SB5832 regarding the lab use of animals prior to being euthanized (AB93 -081). She stated that the entire Board of Directors and the entire staff at the Humane Society are Agenda, March 9, 1993, Page 1 opposed to SB5832. She spoke to the financial aspects of this bill and how it will effect the County. Margaret Eaton: Spoke in support of opposing SB5832 regarding lab use of animals prior to being euthanized (AB93 -081). HEARINGS 1. DECISION ON PETITION FOR THE VACATION OF' PORTION OF SCUTVICK ROAD, FILED BY CLYDE & JUDITH DENTON (AB93- 020) Laidlaw opened the public hearing. Hearing no one, Laidlaw closed the public hearing. IMHOF MOVED TO APPROVE THE ROAD VACATION. The motion carried unanimously. OTHER ITEMS L. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO ENTER INTO CONTRACT WITH JHK TRANSPORTATION CONSULTANTS FOR $220,893 (AB93 -70) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 2. BID AWARD RECOMMENDATION FOR WINDOW COVERINGS FOR THE WHATCOM COUNTY COURTHOUSE ADDITION TO THE ONLY BIDDER, AMERICAN DRAPERY AND BLIND COMPANY, FOR $499737.84 WITH A SUBSEQUENT CHANGE ORDER TO BE ISSUED TO REDUCE THE AMOUNT BY $9,474.54 (AB93 -71) Henderson reported for Finance and recommended approval. HE SO MOVED. There was discussion on the motion. Topics discussed: Question of all the windows needing coverings; reasons for only having one bidder; need to come up with a system to prevent the one bidder problem in the future. Speakers: Vander Yacht; Brenner; Laidlaw; Mary Chisholm, Public Works. The motion carried 5 -2, with Vander Yacht and Brenner opposed. Agenda, March 9, 1993, Page 2 3. BID AWARD RECOMMENDATION FOR SIGNAGE FOR THE WHATCOM COUNTY COURTHOUSE ADDITION TO THE ONLY BIDDER, BIRKELAND SERVICES, FOR $40,215.86 (AB93 -72) Henderson reported for Finance and recommended approval. HE SO MOVED. There was discussion on the motion. Topics discussed: Bid guidelines; reason for the delay in Donnelly getting his bid into the County; Donnelly's late bid being $7,000 under Birkeland's bid; the bid addendum; public record of the one bid that was accepted; the possible need to reject all bids and go out to bid again; the one day delay in Donnelly getting his packet and the cause of the mix - up; single bid issue; product specifications vs. performance specifications; McGowan's having informed pre - conference attendees of her position as Interface's representative in this area; timeframe and time constraints for bids; Council's responsibility to the public and to public funds; recommendation to bid for three weeks rather than two weeks. Speakers: Henderson: Tim Donnelly; Karen McGowan, Birkeland Services and Interface Company; Imhof; Brenner; Chisholm; Laidlaw. The motion to approve the bid failed 5 -2, with Warner and Imhof in favor. 4. BID AWARD RECOMMENDATION FOR AN 18- PASSENGER SHERIFF'S BUS TO THE LOW BIDDER, MURRAY /SEATTLE, FOR A TOTAL OF $48,662.90 (AB93 -73) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0, with Imhof out of the room. 5. BID AWARD RECOMMENDATION FOR 14 POLICE VEHICLE LIGHTBARS TO THE LOWEST RESPONSIVE BIDDER, STRAUSS UNIFORMS AND EQUIPMENT, FOR A TOTAL OF $33,274.53 (AB93- 74) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0, with Imhof out of the room. 6. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO PURCHASE OPEN LANDSCAPE FURNISHINGS PER PRICE QUOTATIONS FROM WESTERN BUSINESS ENVIRONMENTS, AN APPROVED STATE CONTRACT VENDOR, FOR A TOTAL OF $220,673.65 (AB93 -75) Henderson reported for Finance and recommended approval. Agenda, March 9, 1993, Page 3 HE SO MOVED. There was discussion on the motion. The motion carried 5 -2, with Brenner and Laidlaw opposed. 7. REQUEST FOR AUTHORIZATION FOR EXECUTIVE TO PROCEED WITH PURCHASE AND REFURBISHING OF OFFICE FURNITURE FROM BANK AND OFFICE INTERIORS, AN APPROVED STATE CONTRACT VENDOR FOR $333,942.39 (AB93 -76) Henderson reported for Finance and recommended approval. HE SO MOVED. There was discussion on the motion. The motion carried 5 -2, with Brenner and Laidlaw opposed. There was further discussion on this issue. 8. ORDINANCE AMENDING THE 1993 BUDGET (AB93 -063) "COUNCIL INTENDS TO FURTHER AMEND BUDGET WITH AB93 -001 REGARDING PATHS & TRAILS FUND FOR $1,600." Henderson reported for Finance and recommended approval of the ordinance amending the 1993 budget (AB93 -063). HE SO MOVED. HENDERSON MOVED TO AMEND THE ORDINANCE TO TRANSFER $1,600 FROM THE PATHS AND TRAILS FUND BALANCE TO. COUNTY COUNCIL CURRENT EXPENSE PROFESSIONAL SERVICES ACCOUNT 6630, THEREBY INCREASING THE TOTAL CURRENT EXPENSE AMOUNT TO $151,600. The motion carried unanimously. BRENNER MOVED TO STRIKE THE FURNISHING AND THE MONEY FOR THE REMODEL AT NOR -BELL FROM THE ORDINANCE AMENDING THE 1993 BUDGET. The motion failed 5 -2, with Brenner and Laidlaw in favor. The main motion carried 6 -1, with Brenner opposed. 9. ORDINANCE SETTING FILING FEES FOR SURVEY RECORDING ACT AND AMENDING. COUNTY CODE SECTION 3.50.010 (AB93- 051) Henderson reported for Finance and recommended approval. Agenda, March 9, 1993, Page 4 HE SO MOVED. The motion carried 6 -0. with Vander Yacht out of the room. 10. RESOLUTION OPPOSING SB5832 REGARDING LAB USE OF ANIMALS PRIOR TO BEING EUTHANIZED (AB93 -081) Imhof reported for Public Services and recommended approval of the resolution. HE SO MOVED. The motion carried unanimously. 11. NEW APPOINTMENT OF RAMONA VILLANI TO THE RURAL LIBRARY BOARD TO A FIVE -YEAR TERM TO RUN FROM 1/1/93 TO 12/31/97 (AB93 -77) WARNER MOVED THE APPOINTMENT OF RAMONA VILLANI TO THE RURAL LIBRARY BOARD. The motion carried unanimously. 12. NEW APPOINTMENT OF TOM FIELDS TO THE COUNTY APPEALS BOARD TO A THREE -YEAR TERM TO RUN FROM 1/1/93 TO 12/31/95 (AB93 -77) . WARNER MOVED THE APPOINTMENT OF TOM FIELDS TO THE COUNTY APPEALS BOARD. The motion carried unanimously. 13. REAPPOINTMENT OF GARY CRAWFORD TO THE COUNTY APPEALS BOARD TO A SECOND THREE -YEAR TERM TO RUN FROM 1/1/93 TO 12/31/95 (AB93 -77) WARNER MOVED THE APPOINTMENT OF GARY CRAWFORD TO THE COUNTY APPEALS BOARD. The motion carried unanimously. 14. NEW APPOINTMENT OF ELIZABETH M. STRAND TO A THREE - YEAR TERM ON THE SUBSTANCE ABUSE BOARD TO RUN FROM 1/1/93 TO 12/31/95 (AB93 -77) WARNER MOVED THE APPOINTMENT OF ELIZABETH M. STRAND TO THE SUBSTANCE ABUSE BOARD. The motion carried unanimously. INTRODUCTION 1. ORDINANCE REGARDING THE MATTER OF REMOVING STOP Agenda, March 9, 1993, Page 5 SIGNS ON HAMPTON ROAD (AB93 -78) (HEARING TO BE SCHEDULED FOR MARCH 23) 2. ORDINANCE REGARDING THE MATTER OF ORDERING THE CLOSURE OF ROOSEVELT ROAD EAST AND WEST OF ITS INTERSECTION WITH TYEE DRIVE -POINT ROBERTS (AB93 -79) (HEARING TO BE SCHEDULED FOR MARCH 23) BRENNER MOVED TO DELAY THE HEARING TO APRIL 13 IN ORDER TO ALLOW THIS. PROPOSED ORDINANCE TO BE PUBLISHED IN THE ALL POINTS BULLETIN. There was discussion on the motion. The motion failed 1 -6, with Brenner in favor. There was further discussion on the closure of Roosevelt Road and it was decided by consensus to hold the hearing on March 23. 3. ORDINANCE AMENDING THE 1993 BUDGET (AB93 -80) (REFERRAL TO FINANCE) 4. RECEIPT OF APPEAL ON HEARING EXAMINER FILE #SHS92 -0013, FILED BY AL NORTON (AB92 -384) 5. RECEIPT OF APPEAL ON HEARING EXAMINER FILE #SHS92 -0022, FILED BY JOSEPH & MARY KOVALIK (AB93 -066) 6. RECEIPT OF APPEAL ON HEARING EXAMINER FILE #SHS92 -0028, FILED BY JIM & MARIETTA RITCHIE (AB93 -065) 7. RECEIPT OF APPEAL ON HEARING EXAMINER FILE #SHS92 -0026, FILED BY LARRY NICHOLSON (AB93 -067) 8. RECEIPT OF APPEAL ON HEARING EXAMINER FILE #SHS92 -0027, FILED BY RONALD NIELSON (AB93 -068) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Henderson reported that the Whatcom Transit Authority has voted in the Marietta zone and will be starting fixed -route bus service out there soon. Blaine has decided to put the issue of having its own Transportation System put to a vote of the people. He also reported that Council will soon be receiving the Northwest Regional Council agreement on how it is to function. He will be working with the other members of the committee to structure this. Henderson further repported on the Solid Waste Advisory Committee's position on solid waste composting and t e fact that this compost is being called a product by some and a solid waste by others. Henderson stated that he would like to see the Council take a stand on the spreading of the RECOMP compost until a determination is made and definition is made by the State. Pete Kremen has requested that the State Attorney General make this determination. BRENNER MOVED THAT THE COUNCIL SEND A LETTER TO RECOMP REQUESTING THAT THEY NOT SPREAD THE COMPOST UNTIL (1) THE ATTORNEY GENERAL HAS MADE A DETERMINATION ON WHETHER THE COMPOST IS A PRODUCT OR A SOLID WASTE AND (2) AFTER THE MARCH 25 SOLID WASTE ADVISORY COMMITTEE COMPOSTING SUBCOMMITTEE MEETING. Agenda, March 9, 1993, Page 6 The motion carried unanimously. Brenner stressed that the answers to the Council's questions must be in writing, both from the Attorney eneral and from the Solid Waste Advisory Committee, and that the Council will need' eed time to consider and discuss those answers. HENDERSON MOVED THAT THE COUNCIL MEET AS THE HEALTH BOARD ON MARCH 23 AND ASK DR. JAMES TO ATTEND IN ORDER TO FORMALLY DIRECT HIM AS THE HEALTH OFFICER TO WITHHOLD APPROVAL OF THE SPREADING OF THE COMPOST UNTIL FURTHER DIRECTION FROM COUNCIL. The motion carried unanimously. Brenner agreed to write the letters to SWAC and to Pete Kremen. Laidlaw spoke to the issue of the memo from County Executive Shirley Van Zanten regarding the reorganization ordinance. She stated that the ordinance will go into effect ten days from Council decision without the Executive's signature, and this is legal according to information from Council's attorney.. Council discussed whether the ordinance becomes official as a veto override or as an unsigned ordinance. The revised ordinance goes into law as an unsigned ordinance. Council discussed options if the Executive refuses to acknowledge the ordinance and implement the reorganization. Laidlaw was directed to compose a letter to the Executive expressing the concerns of the Council and the legal options. Warner spoke to the issue of the Health Board and the County Council and what each can do. Harris spoke to the issue of the funding for the Criminal Justice System which is in jeopardy in the State Legislature. He asked that the Council write a letter to the legislature stating the Council's position on the matter as requested by the Washington Association of Counties. HARRIS MOVED TO SEND THE LETTER TO OUR LOCAL LEGISLATORS STATING THE COUNCIL'S SUPPORT FOR FUNDING FOR THE CRIMINAL JUSTICE SYSTEM. The motion carried unanimously. Laidlaw spoke to the issue of the Conservation District recently sending a letter to the Council regarding the District's request for a new tax. (AB92 -386). WARNER MOVED TO MAKE NO RESPONSE. Warner withdrew his motion. WARNER MOVED TO ADJOURN. Warner withdrew his motion. Henderson stated that he feels that the letter should be published as originally written, not edited, and reintegrate that it was from the Council as a whole. HE SO MOVED. BRENNER MOVED TO AMEND THE MOTION TO ADD THAT THE CONSERVATION DISTRICT SHOULD REPLACE THE PERSON WHO WROTE THE ARTICLE. Agenda, March 9, 1993, Page 7 Brenner withdrew her amendment. Henderson withdrew his motion. HARRIS MOVED THAT THE COUNCIL THANK THE CONSERVATION DISTRICT FOR THEIR LETTER, TELL THEM THAT OUR LETTER WAS FROM THE COUNCIL AS A WHOLE, AND ACKNOWLEDGE SIMPLY THAT THERE WILL BE FURTHER DISCUSSIONS WITH THEM IN THE FUTURE. Harris withdrew his motion. General discussion ensued. Council Members agreed that the press of other business on behalf of the public needed attention and that if council Members had time, they could contact the District on an individual basis and express. displeasure. Woods reported that he may be called for jury duty on March 11 and 12. Henderson reported on N.F. Jackson's memo and the unified fee schedule. Refer requests for information to Jackson. There was discussion on the appeals process and on a memo sent from the Chair to Randy Watts on when oral arguments are allowed at the Council level. The meeting was adjourned at 9:15 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Tar a ' , ' tant Clerk Marge law, Chair Agenda, March 9, 1993, Page 8