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HomeMy WebLinkAboutCounty Council April 21 1988WHATCOM COUNTY COUNCIL April 21, 1988 The meeting was called to order at 7:00 p.m. by Council Chair Roehl with all Council members present. APPROVAL OF MINUTES The minutes of the Committee of the Whole meeting of March 31, 1988 and the Council meeting of April 7, 1988 were approved. EXECUTIVE ITEM REAPPOINTMENT OF PHYLLIS..QRAHAM.TO THE BELLINGHAM /WHATCOM_COUNT HOUSING AUTHORITY BOARD .T.O. HER .SECON.D FALL TERM TO RUNS FRQM 4/19/88 TO 4/1 8/9.-� Executive Van Zanten reviewed her reasons for recommending Phyllis Graham's reappointment. Chairman Roehl delayed Council action on this item until representatives from the Service Employees Union had had an opportunity to speak. BID AWARD RECOMMENDATION FOR A CHASSIS- MQUNTED HERBICIDE .SPRAYER TO THE LOW BIDDER, SWAIN.EQUIPMENT CO. INC., FOR A NORSTAR.,,RS- 3000 HERBICIDE.SPRAYER, AT THE TOTAL PRLCE OF $32,871.05 INCLUDING SALES TAX The Executive explained the bid award. Warner reported that the Finance Committee recommended approval of the bid award. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. BID AWARD RECOMMENDATION FOR A SINGLE AXLE CAB AND CHASSIS TRUCK TO THE LOW BIDDER, SCARF ISUZU, FOR AN ISUZU NPR SINQL.E AXLE CAB AND CHASSIS TRUCK FOR A TOTAL PRICE OF $17,654.89 INCLUDING SALES TAX The Executive explained the bid award. Warner reported that the Finance Committee recommended approval of the bid award. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. April 21, 1988 Page 2 BID AWARD RECOMMENDATION FOR A HYDRAULIC POWER BROOM ATTACHMENT TO THE ONLY BIDDER, UTILITY EQUIPMENT INC., FORA SMART SWEEP POWER BROOM ATTACHMENT, FOR A TOTAL O ,1,3,030.37.IN.CLUDING SALES TAX The Executive explained the bid award. Warner reported that the Finance Committee recommended approval of the bid award. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. BID AWARD RECOMMENDATION FOR THE INTERIOR REMODEL OF THE BELLINGHAM,/WHATCOM COUNTY DISTRICT DEPARTMENT OF.HEALTH TO THE LOW BIDDER. JOHN DANIELS CONSTRUCTION, INC, IN IN THE AMOUNT.OF $72,701.00 INCLUDING SALES TAX The Executive explained the bid award. Warner reported that the Finance Committee recommended approval of the bid award. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. BID AWARD RECOMMENDATION FOR A BOAT CHARTER TO PROVIDE TEMPORARY PASSENGER SERVICE TO LUMMI ISLAND TO THE LOW BIDDER, PUGET SOUND LAUNCH AND CHARTER, FOR USE OF THE VESSEL RIM FIRE, TO BE OPERATED BY THE OWNER'S„ PERSONNEL FOR BOJH SHIFTS DURING THE DAY AT A RATE OF $690 PER DAY The Executive explained the bid award. Warner reported that the Finance Committee recommended approval of the bid award. WARNER MOVED TO APPROVE THE BID AWARD. There was discussion on the motion. The motion carried. REQUEST FOR AUTHORIZATION TO SIGN AN AGREEMENT FOR CONSULTIN SERVICES FOR THE.D.E.SIGN OF SMITH CREEK BRIDGE_WITH..ARNOLD AND ARNOLD ASSOCIATES IU A TOTAL AMOUNT NOT TO EXCEED $20,000 April 21, 1988 Page 3 The Executive presented the agreement, and requested that the sentence after the list of hourly rates on the second page be amended to read: "The above rates include all overhead and profit. Direct costs will be reimbursed at consultant cost plus five percent." Warner reported that the Finance Committee recommended approval of the agreement. WARNER MOVED TO APPROVE THE AGREEMENT WITH THE AMENDMENT REQUESTED BY THE EXECUTIVE. The motion carried. Hansey left the meeting. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TQ ENTER INTO AN AGREEMENT WITH RAYMOND .D. WEDEN AND ASSOC.ATES.TO PROV,I.DE PROFESSIONAL CONSULTING SERVICES TO THE COUNTY PLANNING AND PUBLIC WORKS DEPART,MEN.T..FOR 'SHE PURPOSE .OF UPDATING THE..COUNTY SEWER AND WATER COMPREHENSIVE PLAN AND ESTABLISHING DEVELOPMENT PATTERNS FOR SHORT- AND LONG-TERM PROJECTIONS The resolution was added to the agenda at the request of the Executive, and was reviewed by the Council with Executive Van Zanten, Public Works Director Paul Rushing, and Planning Director Dan Taylor. Warner reported that the Finance Committee recommended approval of the resolution. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried. Hansey returned to the meeting. REPORT OF THE EXECUTIVE The Executive reported that a new been hired by the Department of Combin Courthouse mail room was in operation; department had been established at the desk; and Whatcom County employees had team. Treatment Specialist had ad Treatment Services; the an official lost and found Public Works reception formed a Sea -to -Ski race April 21, 1988 Page 4 The reports were distributed and briefly reviewed. The report was distributed by the Executive. HEARING ORDINANCE IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE.TO THE CITY OF FERNDALE FOR A PERIOD OF .25 YEARS .PURSUANT TO STATE LAW AND SECTION 9.30 OF THE. WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE.AND. MAINTAIN A FORCE MAIN SEWER LINE ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY The hearing on the ordinance was opened; there was no testimony and the hearing was closed. Johnson reported that the Public Services Committee recommended adoption of the ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. OPEN SESSION Jim Michel Wiser Lake area Distributed information regarding the value of the Cordata property at the time it was transferred to the Council, and its potential value and tax revenue potential if developed. Stated that the property should be put to its highest and best use and the juvenile detention facility located elsewhere. David Warren Labor Representative for Service Employees International, Local 120 Urged Council not to approve the reappointment of Phyllis Graham to another five -year term on the Bellingham /Whatcom County Housing Authority; stated that she was the strongest supporter of Housing Authority Director Ralph Rogers and had consistently denied ongoing problems at the Authority; pointed out that the entire management team of the Housing Authority as well as union employees had signed the petition against her reappointment. April 21, 1988 Page 5 Don Houchins View Ridge Drive Read letter from Lori Province, President of the Whatcom County Central Labor Council, AFL -CIO, stating that the membership of that organization was unanimously opposed to the reappointment of Phyllis Graham to the Housing Authority Board; said that the issue was an ongoing one, as problems at the Housing Authority had affected workers there over a long period of time; cited potential liability for the County if Graham were reappointed and the problems involving the Housing Authority were taken to court. Judy Hauser Bellingham Housing Authority Stated that the health and safety of employees of the Housing Authority was threatened by the stress of their working conditions; medical complications have already occurred; employees suffer from harassment by the Executive Director; have no confidence in the Executive Director or Board Member Graham; all employees of the Housing Authority, both union and non - union, signed the petition requesting that Graham not be reappointed. Barbara Brenner Encouraged Council to form task force with other local agencies to deal with the problems involving the Thermal Reduction Company; superfund siting in Whatcom County is a real possibility and strict regulations are needed to prevent this; County could be held accountable for continued lack of enforcement; complained of lack of direction on the Health Board demonstrated by conflicting correspondence from Health Board members. EXECUTIVE IJEHa, continued REAPPOINTMENT OF PHYLLIS GRAHAM TO THE BELLINC�HAM /WHATCOM COUNTY HOUSING AUTHORITY. BOARD TO HER SECOND FULL TERM TO RUN FROM 4/19188 TO 4118/9,3 WARNER MOVED TO REFER THE ISSUE OF THE RECOMMENDED REAPPOINTMENT OF PHYLLIS GRAHAM TO THE PUBLIC SERVICES COMMITTEE. There was discussion on the motion. The motion carried. The meeting was recessed at 8 :20 p.m., and reconvened at 8 :30 p.m. April 21, 1988 Page 6 FINAL CONSIDERATION QF RESOLUTIONS AND.ORDINANCES ORDINANCE AMENDING THE .TEXT.O.F TITLE 20, IHE OFFICIAL WHATCOM COUNTY. ZONING .CODE . .T0, ALLOW HOTELS AND . MOTELS . IN THE GENERAL COMMERCIAL ZONE AND MODIFY EXISTING REQUIREMENTS REGA,RD.ING.HOTELS AND MQ -JELS IN. THE TOURISM' COMMERCIAL ZONE Planning Director Dan Taylor explained the ordinance. Burton reported that the Planning and Development Committee recommended adoption of the ordinance. BURTON MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE AMENDING THE JEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY .ZONING CODE., TO ,MAKE NUMEROUS ,IMPROVEMENTS IN THE.TEXT; AND AMENDING THE INTERIM ZONING ORDNANCE TO ELIMINATE 0$SOLETE ZONE$,. THE INVALID POTENTIAL ZONE, AND TO MAKE THE.DEFIN.ITIONS COMMON.T THE TITLE 20 DEFINITIONS FOR EASE OF ADMINISTRATION WITH THE EXCEPTION OF THE "YARD'I DEFINITION BURTON MOVED TO ADOPT THE ORDINANCE. BURTON MOVED TO AMEND THE ORDINANCE BY PLACING ADDITIONAL HEADINGS ON THE FIRST SIX COLUMNS OF THE TABLE ON PAGE 3 OF EXHIBIT A, . WHICH WOULD READ "ROAD TYPE, 11 III," "II, 11 IIIII, 11 "IV," AND "V .'1 BURTON MOVED TO AMEND THE ORDINANCE ON PAGE 4 OF EXHIBIT A, 20.66.552 (2), BY STRIKING THE WORDS 11. . . IF PREPARED BY A DESIGNER APPROVED BY THE COUNTY. BUILDINGS AND CODE ADMINISTRATION WILL MAINTAIN THE APPROVED LIST." AND SUBSTITUTING THE WORDS 11. . . IF PLAN IS APPROVED BY BUILDINGS AND CODE ADMINISTRATION." BURTON MOVED TO AMEND THE ORDINANCE ON PAGE 9 OF EXHIBIT A BY STRIKING THE NUMBER .150 AND SUBSTITUTING J.53 IN SECTION 20.22.253 (1), IN ORDER TO CORRECT A TYPOGRAPHICAL ERROR. The three motions to amend the ordinance carried. There was discussion about the section on page 9 of Exhibit A entitled 114. Private, Non - Commercial Boat Docks, etc." BURTON MOVED TO DEFER ACTION ON THE SECTION OF THE ORDINANCE ENTITLED 114. PRIVATE, NON- COMMERCIAL BOAT DOCKS, ETC." The motion carried. April 21, 1988 Page 7 The motion to adopt the ordinance as amended, and with the exception of the section on which action was deferred, carried unanimously. ORDINANCE AMENDING THE.CHERRY POINT - FERNDALE SUBAREA COMPREHENSIVE PLAN FROM.LIGHT INDUSTRIAL PARK 10 COMMERCIA" AMENDING.THE OFFICIAL WHATCOM COUNTY.ZONING MAP FROM LIGHT.IMPACT INDUSTRIAL TO TOURIST COMMER.CIAL.FOR A 2.5 ACRE PARCEL ON PORTAL WAY AND GRANDVIEW ROAD; AND AMENDING THE TEXT OF TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TO ALLOW FREEWAY ORIENTED USES WITHIN TOURIST COMMERCIAL ZONES AND WITHIN 1500' OF FREEWAY INTERCHANGES TO.HAVE ONE ELEVATED SIGN UP TO ,501 ABOVE THE HIGHEST .ROADBED OF, THE INTERCHANGE Burton explained the ordinance, and reported that the Planning and Development Committee recommended its adoption. BURTON MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. The motion carried unanimously. ORDINANCE TO REVISE THE 1988 NON - DEPARTMENTAL BUDGET, CURRENT EXPENSE _ FUND APPROPRIATION Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE TO RE.VI.SE THE 1988.CURRENT EXPENSE FUND APPROPRIATION,. PUBLIC DEFENDER.'S BUDGET THEREIN Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. There was discussion with Public Defender Jon Ostlund about the ordinance, policies of the Public Defender's Department, and the problems facing the criminal justice system. The motion carried 6 -1 (Hansey). April 21, 1988 Page 8 -0*0 - I Me Warner explained the substitute ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE SUBSTITUTE ORDINANCE. The motion carried unanimously. 1 i `3►� THROUGH 1 •:• • •m :: Warner explained that the Finance Committee recommended that the bid be awarded to the Westside Record - Journal, and explained some of the factors involved in that recommendation. WARNER MOVED TO AWARD THE BID TO THE WESTSIDE RECORD - JOURNAL. The motion carried. PROPOSAL SUBMITTED.BY.ROBERT BUMFORD FOR MODIFICATION OF WEST POLE .ROAD RECONSTRUCTION ,.g.R.O,JECT Nasser Mansour of the Engineering Department reviewed the most recent proposal for modification of the project, which had been discussed and further modified at a meeting of the County Engineer and West Pole Road residents. Johnson reported that the Public Services Committee had recommended against adoption of this most recent modification. JOHNSON MOVED THAT THE ROAD BE CONSTRUCTED ACCORDING TO THE ORIGINAL PLAN PRESENTED BY THE COUNTY ENGINEER. There was discussion on the motion. The Executive pointed out that there had already been modifications to the Engineer's original plan, and that more would probably be made as work progressed. She suggested that the Council state that it concurred with the project as planned by the administration. Johnson agreed to amend his motion to read as follows: JOHNSON MOVED THAT THE COUNCIL CONCUR WITH THE PROJECT AS PLANNED BY THE COUNTY ENGINEER. The motion carried. April 21, 1988 Page 9 COUNCIL CHAMBERS SOUND SYSTEM Warner reported that the Finance Committee recommended that the Council concur with the suggestions contained in the report from Public Works on improvements to the sound system. WARNER MOVED TO CONCUR WITH THE SUGGESTIONS CONTAINED IN THE REPORT. There was discussion on the motion. VANDERPOL MADE A SUBSTITUTE MOTION TO INSTALL LAPEL MICROPHONES INSTEAD OF GOOSENECK MICROPHONES. The substitute motion failed. The main motion carried. NOMINAIION TO PUBLIC DEFENSE . ADVISORY COMMI.TTEE There were no nominations to the Committee. CEIPT QF, PETITION FOR.VACATION.QF ALLEY.IN BLOCK 2 OF THE AMENDED PLAT ,OF. GENEVA,...FILED .BY TERRY HARTNELL The petition was received by consent, to be scheduled for a hearing and referred to the Planning and Development Committee. RECEIPT OF PETITION E.OR DOCK CONTROL ZONE FROM PARADISE LAKES COUNT,RY.CDUB The petition was received by consent, to be scheduled for a hearing and referred to the Public Services Committee. DISCUSSION OF SITING .OF JUVENILE DETENTION FAC.ILITX Information from the City Center Development Authority concerning the possible use of the Post Office site for the facility, and further information from Buildings and Code regarding construction costs at various sites, was distributed and discussed. JOHNSON MOVED TO POSTPONE THE DECISION ON A SITE FOR THE JUVENILE DETENTION FACILITY UNTIL A SPECIAL COUNCIL MEETING, SCHEDULED FOR MAY 9 AT 7:00 P.M., TO ALLOW TIME FOR FURTHER INVESTIGATION OF THE POST OFFICE SITE. The motion carried. April 21, 1988 Page 10 p omes•li • •; Warner reviewed the Finance Committee's discussion on this subject. WARNER MOVED TO RETURN THE ATV MONEY TO THE STATE AND ENCOURAGE THE ADMINISTRATION TO APPLY FOR FUNDS FOR EDUCATION AND ENFORCEMENT. The motion carried. WARNER MOVED TO APPROVE THE LATEST VERSION OF THE JOB DESCRIPTION AND FORWARD IT TO PERSONNEL FOR ACTION. The motion carried. RESOLUTION N H E-MATTER OF.JURISDICTIONAL. PPORT FORWATE QUALITY PLANNIN Burton reviewed the resolution, and a substitute resolution with references to the Department of Ecology removed. FORM. JACKSON MOVED TO APPROVE THE RESOLUTION IN ITS ORIGINAL There was discussion on the motion. HANSEY MOVED TO SUBSTITUTE THE SUBSTITUTE RESOLUTION FOR THE ORIGINAL RESOLUTION. The motion failed. There was further discussion on the original motion. WARNER MOVED TO RECONSIDER THE VOTE ON THE SUBSTITUTE RESOLUTION. The motion to reconsider carried. The motion to approve the substitute resolution carried. RESOLUTION FOR HEARING AND NOTICE OF HEARING.ON SALE.OF COUNTY 'SAX TITLE PROPERTY Warner reported that the resolution had been held in the Finance Committee. April 21, 1988 Page 11 ORDINANCE . AMENDING . W,HATCOM COUNTY �CQDE 2,, 5,5, 410 ORDINANCE TO R HE 1988.,P.HYSICAL PLANT AND-FACILIZIES ORDINANCE TO REVISE THE 1988.CURRENT EXPENSE FUND. PLANNING DEPARTMENT APPROPRIATION THEREIN The ordinances were received by consent and referred to the Finance Committee. ORDINANCE REGARDING THE MATTER OF.ESTABLISHING THE :SPEED LIMIT .ON A PORTION OF WE.S1 POLE .ROAD The ordinance was received by consent, to be scheduled for a hearing and referred to the Public Services Committee. ORDINANCE AMENDING ORDLNANCE 82-30 AND 83-37 FOR THE PURPOSE OF ESTABLISHING NEW BOUNDARIES, FOR FERNDALE TO,4KN$HI,P ER CI�NCTS NO .2 AND 31 FERNDALE CI1Y PRECINCT N0, 3 AND NOOKSACK TOWNSHIP PRECINCTS NO 2 AND,3 ORDINANCE AMENDING ORDINANCE NO 82 -30 FOR THE PURPOSE ..OF ESTABLISHING NEW,BOUNDARIES FOR CRESCENT PRECINCT NO, 1 AND FOR THE ELIMINATION OF.CRESCENT PRECINCT NO, 4 _•� • •. The ordinances were received by consent and referred to the Public Services Committee. REPORTS AND OTHER ITEMS FROM 99UNCIL MEMBERS Roehl stated that the first Council meeting in June would be held at the Deming Museum. The meeting was adjourned at 10 :17 p.m. ATTEST: Amanda Fleming Clerk of the Council WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl, Chair