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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