HomeMy WebLinkAboutCounty Council April 9 1991WHATCOM COUNTY COUNCIL
REGULAR MEETING
April 9, 1991
The meeting was called to order at 7 p.m. by Chairman Dan Warner.
Present: Absent:
Don Hansey
Emily Jackson
Marge Laidlaw
Bob Imhof
Dennis Vanderpol
Mary Vanderpol
READING AND APPROVAL OF MINUTES
A correction was made to the minutes of March 12, 1991 regular meeting on the
bottom of page 3. It should state 4 through 9 were taken as a group and accepted. On item
10 the bid was awarded to Bellingham Chrysler for a seven passenger mini van which does
meet specification. Other minor corrections were made and the minutes were accepted.
EXECUTIVE ITEMS
1. REQUEST FOR AUTHORIZATION TO PURCHASE SEVEN TWO -WAY
MOBILE RADIOS FOR SHERIFF'S VEHICLES THROUGH STATE
CONTRACT, $17,417.26 (AB91 -136)
Van Zanten explained this issue. Vanderpol reported Finance recommended
approval to Council.
HE SO MOVED.
The motion carried unanimously.
2. BID AWARD RECOMMENDATION FOR A TANDEM AXLE TRUCK
CHASSIS AND CAB TO LOW BIDDER, SEATAC FORD TRUCK SALES
INC., $56,090.88, (AB91 -137)
Van Zanten explained this issue. Vanderpol reported Finance recommended
approval to Council.
HE SO MOVED.
The motion carried unanimously.
3. REQUEST FOR APPROVAL TO PURCHASE CATERPILLAR IT18B
LOADER FROM PREVIOUS BID FROM N.C. MACHINERY FOR
$70,308.23 INCLUDING SALES TAX (AB91 -138)
Van Zanten said ER &R had decided on a down- graded piece of equipment.
Vanderpol reported Finance recommended approval to Council.
HE SO MOVED.
The motion carried unanimously.
4. EXECUTIVE'S REPORT
Progress Report: Van Zanten explained the Progress Report
Home electronic detention equipment: Van Zanten said the Sheriffs department has
received the home electronic detention equipment and it is being used on one person. It
is hoped that it will be used on up to 20 people. There are consistently 160 people on
average in the jail and there are beds for 148 so this will be a slight help. The Sheriff has
been working on the computer system; the Bellingham Police and later all law enforcement
agencies in the County will be able to tap into the County's system 36. There was a worry
that the building process would hamper this project. Laidlaw noted that the computer hook-
up was a very significant improvement with the different agencies being able to share
information (eventually state - wide). Van Zanten said it is a major step forward.
Courthouse Coffee Shop: Van Zanten mentioned the Hamilton are not going to
continue the coffee shop in the Courthouse due to Mr. Hamilton's health problems. It is
out to bid and one bid has been received.
Solid Waste: The poster contest was judged and the awards will be given on
Thursday afternoon. The posters will be on display in the Courthouse Wednesday, April
17th.
Flow Control ordinance: It is hoped there will be an ordinance before Council by
the end of May. The staff is working with LTC to get the collection in place and the
projected date for this to start is September 16th. The haulers need to have adequate
equipment before this can be put in place. Liz Thomas, the legal adviser, has been looking
at the draft before the County meets again with the small cities.
OPEN SESSION
Jim Anderson, 693 Lake Whatcom Boulevard: In favor of the Clement road vacation
but needs access to his property and this may landlock him if he does not have 30 feet.
HEARINGS AND FINAL CONSIDERATION
1. RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY
Minutes, 4/9/91, Page 2
(LANDFILL COMPACTOR) (AB91 -122A)
Vanderpol reported Finance recommended approval of the substitute resolution.
HE SO MOVED.
The motion carried unanimously.
2. RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY
(SILVER LAKE DOWNED TIMBER) (AB91 -123A)
The public hearing was opened. Hearing no comment, the hearing was closed.
Vanderpol reported Finance recommended approval of the amended substitute
resolution.
HE SO MOVED.
The motion carried unanimously.
3. PETITION FOR VACATION OF A PORTION OF GRAND
BOULEVARD, FILED BY DOROTHY CLEMENT (AB91 -066)
The public hearing was opened.
Dorothy Clement, the petitioner, spoke in favor of the vacation. She has lived there
for 36 years and others who have lived longer in the area have told her the road has never
been opened.
Henken said the Water District has an 8 inch water pipe on this land and he would
like to retain an easement of 15 feet for the Water District to have access to repair their
pipe if necessary. Clement said she agreed the Water District could have access to repair
this pipe.
The public hearing was closed.
Warner said he felt this should be referred to Public Service to have this investigated
because of the concerns Mr. Anderson mentioned in Open Session.
4. ORDINANCE PLACING STOP SIGNS IN THE EAGLERIDGE
SUBDIVISION (AB91 -105
The public hearing was opened. Hearing no comment the hearing was closed.
VANDERPOL MOVED TO ADOPT THIS ORDINANCE.
Minutes, 4/9/91, Page 3
The motion was carried unanimously.
5. ORDINANCE PLACING STOP SIGNS ON VARIOUS COUNTY ROADS
(AB91 -106)
The public hearing was opened. Hearing no comment the hearing was closed.
IMHOF MOVED TO ADOPT THIS ORDINANCE.
The motion carried unanimously.
6. ORDINANCE PLACING STOP SIGNS IN THE GOOSEBERRY POINT
AREA (AB91 -107)
Warner noted there was a name correction in this ordinance from T'Amxwgsen Sohl
to Eagle Drive.
The public hearing was opened. Hearing no comment the hearing was closed.
LAIDLAW MOVED TO ADOPT THIS ORDINANCE WITH THE
APPROPRIATE NAME CHANGE.
The motion carried unanimously.
7. ORDINANCE PLACING STOP SIGNS IN CORDATA (AB91 -108)
The public hearing was opened. Hearing no comment the hearing was closed.
IMHOF MOVED TO ADOPT THIS ORDINANCE.
The motion carried unanimously.
8. ORDINANCE PLACING STOP SIGNS IN TWEED TWENTY
SUBDIVISION (AB91 -109)
The public hearing was opened. Hearing no comment the hearing was closed.
VANDER YACHT MOVED TO ADOPT THIS ORDINANCE.
The motion carried 6 -1 with Vanderpol against.
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION (OR LETTER) ENDORSING SUBSTITUTE HOUSE BILL
Minutes, 4/9/91, Page 4
1569, THE COMMUNITY -BASED LONG -TERM CARE ACT (AB91-
116)
This item was withdrawn.
2. RESOLUTION STATING THE COUNCIL'S INTENT TO ADOPT AN
ORDINANCE FORMING A COUNTY -WIDE FLOOD CONTROL ZONE
DISTRICT AND REQUESTING AND AUTHORIZING COUNTY
OFFICIALS TO UNDERTAKE CERTAIN RELATED ACTIONS (AB91-
071)
This item was withdrawn and will be dealt with when the County Executive has
completed the study on this issue.
3. RESOLUTION TO AUTHORIZE THE EXECUTIVE TO ENTER INTO
A TWO -YEAR LEASE EXTENSION FOR OFFICE SPACE IN CIVIC
CENTER (AB91 -124)
Vanderpol said this item was held in committee because the cost per square foot was
too high. The Prosecutor's office was asked to try to negotiate a better price.
4. RESOLUTION PROVIDING HEALTH BENEFITS TO COUNCIL
MEMBERS (AB91 -086)
Vanderpol said the committee is recommending approval but it will be included in
the 1992 budget negotiations.
Imhof said the council is being asked to pass this resolution to amend the exempt
salary resolution (90 -77). Imhof noted in the summary statement on the agenda bill the
second sentence should be deleted as it no longer reflects the text of the resolution. The
cost in the annual budget would be $27,500.
Warner said he is against it. Vanderpol said it would be totally reviewed at budget
time.
Hansey said his concern is that the Council is a part-time exempt body under the
statutes and if the Council Members get medical coverage, other exempt employees will
want this benefit. He said he is against this; if the Council was full time they would get
these benefits.
Imhof said the Bellingham City Council just voted to provide this benefit for its
members; their proposal is that it will be a secondary coverage.
Jackson said she would not be against having a public hearing to find what the public
thinks about it.
Vander Yacht said he understood this was voluntary participation.
Warner said he is still against it; it seems to be an outrageous feathering of our own
nest since it was not part of the package when members took on the job.
Minutes, 4/9/91, Page 5
WARNER MOVED AN AMENDMENT AS FOLLOWS: On line 19, page 1 after
children add "and all other part-time employees, their spouses and their dependent
children." Also on line 11, page 2 after Council add "and all other part-time employees"
are ... benefits.
Vander Yacht said this may reduce the pool of people who will do this job if there
is no coverage. Vanderpol said Council members aren't prepared to debate the issue at this
time.
VANDERPOL MOVED TO TABLE THIS ISSUE UNTIL BUDGET TIME (non-
debatable).
The motion carried 5 -2 with Jackson and Imhof against.
Jackson said she would like time to discuss this issue prior to budget time. Warner
said it could be discussed at our budget retreat. Hansey said we had a retreat where this
was discussed and there was very little consensus to go forward with this. Imhof disagreed
with this statement.
5. ORDINANCE AMENDING 1991 BUDGET (SUPPLEMENT REQUESTS)
(AB91 -125)
Vanderpol stated Finance recommended to Council the ordinance be adopted except
for $5100 for prosecutor's request for rent. The prosecutor was asked to renegotiate the
lease; the cost went up $3 per square foot.
HE SO MOVED.
The motion carried unanimously.
6. ORDINANCE REVISING WHATCOM COUNTY CODE SECTIONS 2.02
AND 2.03, REGARDING BOARDS, CONIlVIl'ITEES, AND COMMISSIONS
(AB91 -126)
HANSEY MOVED ADOPTION OF THE ORDINANCE.
Haney explained this issue. He had asked the clerk to develop the ordinance to
state that members of the Boards and Commissions must be registered voters of Whatcom
County. The clerk asked that these be moved to an appropriate area in the code.
Warner asked if people already on boards or commission who do not qualify would be
grandfathered in. Imhof said some committees might need expertise from people who do
not live in the correct area.
Jackson noted the word "shall" on line 16 indicated a procedure that had not been
followed in the past whereby the council would have to interview administration appointees.
Minutes, 4/9/91, Page 6
She wondered if it should be changed to "may."
Warner agreed that the word "shall" on line 16 be changed to "may."
HE SO MOVED.
The amendment to the motion carried unanimously.
The motion carried unanimously.
OTHER BUSINESS
1. AWARD OF BID FOR WHATCOM COUNTY'S OFFICIAL NEWSPAPER
(AB91 -143)
Vanderpol reported Finance recommended approval to Council.
HE SO MOVED.
The motion carried unanimously.
2. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON
C.U. 54 -87, FILED BY ELDON DEJONG (AB91 -140)
3. *RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON
SV20 -90 AND V22 -90, FILED BY ANTON AND ADRIENNE BUCSIS
(AB91 -141)
The above two items were received by Council.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *Consent Items)
1. RESOLUTION INVITING VETERANS AND THEIR FAMILIES TO
CELEBRATE JULY 4 AT HOVANDER HOMESTEAD PARK (AB91-
135)
Jackson explained this issue saying it would be good to have the children be able to
come out with their families and have some fun.
JACKSON MOVED THE RESOLUTION BE APPROVED.
Vanderpol asked why have this done on Independence Day when Veterans Day is
on November 11th. Jackson said November 11th is not a great day for picnicking and this
would provide a day for family fun.
Imhof said he is not sure it is appropriate to duplicate efforts that are being carried
Minutes, 4/9/91, Page 7
out by others.
The motion carried with Vanderpol, Laidlaw and Imhof opposed.
OTHER BUSINESS - ADDENDUM
4. APPLICATION FOR DEPARTMENT OF ECOLOGY PILOT PROJECT FOR
NOOKSACK RIVER BASIN UNDER THE CHELAN AGREEMENT (AB91-
Haney explained the Chelan agreement. There is a grant for each side of the
mountain. The Lummis do not want to participate because of their sovereignty. The P.U.D.
representative, Tom Anderson was concerned about working with so many agencies as was
the Executive. The committee decided it would not pursue this grant as the application
would have to be in tomorrow. Haney said the County should indicate to the Department
of Ecology it is interested in future grants.
Warner asked Hansey to write a letter regarding this issue.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ( *Consent Items) Cont'd
2. RESOLUTION ENDORSING EFFORTS TO SEEK A GREATER U.S.
SHARE OF FRASER RIVER SALMON AND FEDERAL FUNDS FOR
SALMON ENHANCEMENT (AB91 -132)
Imhof explained and reported Public Service recommended approval.
HE SO MOVED.
The motion carried unanimously.
3. RESOLUTION AMENDING RESOLUTION 82 -59 ...TO PROVIDE A
HOOKUP TO THE NOR -BELL SEWER LINE FOR PYNOR'S MARKET
AT THE INTERSECTION OF NORTHWEST AND SMITH ROADS
(AB91 -144)
Imhof said this issue will be held in committee until there is an explanation by the
staff.
4. *ORDINANCE AUTHORIZING THE NORTHWEST WASHINGTON
FAIR TO ENTER INTO SHORT -TERM INDEBTEDNESS FOR
PROPERTY PURCHASE OF 1990 (AB91 -145)
5. *ORDINANCE REVISING THE 1991 CONVENTION CENTER FUND
APPROPRIATION FOR CONTRIBUTION TO THE LYNDEN MUSEUM
(AB91 -146)
Minutes, 4/9/91, Page 8
JACKSON MOVED THERE BE A PUBLIC HEARING ON THIS ISSUE.
Imhof asked why go through a public hearing. Haney said some things must have
a public hearing but he does not think the Council should start having public hearings on
things that do not have penalties. Jackson said this is money coming from the convention
fund and it was set up for a future convention center. Jackson said she is in favor of this
expenditure but thinks the public has the right to have some input because they may have
other priorities.
The motion failed 5 -2 with Vander Yacht and Jackson for.
6. *ORDINANCE IMPOSING A PERMANENT MORATORIUM ON
SURFACE MINING (AB91 -147; RELATED TO AB90 -443)
ADDENDUM
7. *ORDINANCE AUTHORIZING THE CLOSURE OF A PORTION OF
ROBERTS ROAD (AB91 -121)
Items 4, 5, 6, and 7 were introduced and will be referred to the appropriate
committees.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Water Resources Discussion: Jackson stated that Tom Anderson, the Whatcom
County Public Utilities representative and both Nooksack and Lummi tribal representatives
attended today's Water Resources Committee and asked for a meeting to discuss water
issues other than the Chelan agreement. She asked the Chairman to set up such a meeting.
Warner said he would communicate with the tribes and ask for agenda items.
The meeting was adjourned at 9:30 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
I3 rbara Maher, Depu Jerk Daniel M. Warner, Chairman
Minutes, 4/9/91, Page 9