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HomeMy WebLinkAboutCounty Council March 17 1988WHATCOM COUNTY COUNCIL March 17, 1988 The meeting was called to order at 7:35 p.m. by Council Chair Roehl with all Council members present. APPROVAL OF MINUTES The minutes of March 3, 1988 were approved. SPECIAL ITEM OF BUSINES,S PROCLAMATION AND XICK -OFF OF THE 1988 WHATCOM COUNTY, IN.BLOO CONTEST Roger DeSpain and Molly Faulkner of the Whatcom County Parks Department spoke to the Council about the history and effectiveness of the annual contest, and introduced several members of the organizing committee. Executive Van Zanten then read a proclamation officially opening the 1988 " Whatcom County in Bloom" competition. EXECUTIVE ITEMS BID AWARD RECOMMENDATION FOR TWO SINGLE AXLE DUMP TRUCKS TO.MOTOR TRUCKS, INC., FOR TWO INTERNATIONAL S1954 TRUCKS FOR A TOTAL PRICE OF $87,500.70 This item had been held over from the previous Council meeting. The bid was initially recommended to be awarded to another bidder, but it was discovered that it did not meet the specification of having the truck frames bolted rather than riveted. Warner reported that the Finance Committee's recommendation was to award the bid to Motor Trucks. WARNER MOVED TO APPROVE THE BID AWARD TO MOTOR TRUCKS. Warner also reported that the Finance Committee had recommended that the administration suggest a policy which would take into account generation of local sales taxes, quantification of warranties, and other considerations as appropriate. Hansey explained that the bid from Motor Trucks, Inc., did meet all of the bid specifications. The motion to approve the bid carried. March 17, 1988 Page 2 NEW APPOINTMENTS TO WHATCOM COUNTY APPEALS BOARD: MICHAEL D. TEN KLEY TO A FIRST FULL THREE -YEAR TERM TO RUN FROM 1/1/88 TO 12/31/90; AND ROLF BECKHUSEN TO A FIRST FULL THREE -YEAR TERM TO RUN FROM 1/1/88 TO 12/31/90 The Executive presented her recommended appointments. JOHNSON MOVED TO CONFIRM THE APPOINTMENTS OF MICHAEL TEN KLEY AND ROLF BECKHUSEN. The motion carried. REQUEST TO AUTHORIZE DEFENSE OF COUNTY EMPLOYEES AND THEIR SPOUSES Executive Van Zanten distributed a memo explaining that several county employees and their spouses had been named in complaints for damages, and requesting the Council to find that the employees and their spouses qualified for defense by the County under the provisions of Resolution 87 -63. WARNER MOVED THAT THE COUNCIL INTERPRET RESOLUTION 87 -63 TO INCLUDE SPOUSES WHEN SPOUSES ARE NAMED IN THE COMPLAINT. There was discussion on the motion with the Council's attorney. The motion carried. REPORT ON SOUND SYSTEM IN COUNCIL CHAMBERS The report was distributed and referred to the Finance Committee. ANNUAL REPORT OF THE PERSONNEL DEPARTMENT FOR 1987 The report was distributed and reviewed. LITTER CONTROL AND RECYCLING GRANT APPLICATION FOR $30,606 A copy of the.application was distributed and briefly discussed. SAFETY RECORD Executive Van Zanten reported that the Parks Department had received a safety award from the state, and also that few violations had been found during the state safety inspection in February. March 17, 1988 Page 3 HEARINGS ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE TO WHIDBEY TELEPHONE COMPANY PURSUANT TO STATE LAW FOR A PERIOD OF TWENTY -FIVE YEARS TO USE THE RIGHT -OF -WAY OF COUNTY ROADS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF TELEPHONE, TELEGRAPH AND OTHER TELECOMMUNICATIONS FACILITIES The public hearing on the ordinance was opened. Robert Snyder Attorney for Whidbey Telephone Company Stated that he was present to answer any questions regarding the proposed franchise. Amos Heacock President, Pt. Roberts Utilities Co -Op Stated his opposition to Whidbey Telephone Company's franchise request; described a Supreme Court case involving a Los Angeles County franchise where damages were awarded for taking of property; explained that he believed his co -op should have precedence over Whidbey Telephone Company in providing telephone service to Pt. Roberts; questioned the ownership of the territory where Whatcom County was proposing to grant the franchise; stated that the franchise would be challenged in court. There was no further testimony and the hearing was closed. Robert Snyder, the Whidbey Telephone Company attorney, explained several amendments to the ordinance which had been agreed upon by the Public Services Committee. The amendments were as follows: 1. Replacement of the word "within" with "not later than" on Page 7, line 4 of the ordinance so the sentence would read: "The Grantee shall commence construction under this Franchise not later than twelve (12) months after the effective date hereof " 2. Insertion of "W.M." for "Willamette Meridian" after the phrase "Range 3 West" on page 2, lines 13 and 14, and also in the Appendix. 3. Replacement of the text of Section 14 with the following text: March 17, 1988 Page 4 VIAMERMILM (a) The granting of these rights shall not be construed as relieving the Grantee from the responsibilities imposed by law and the Grantee shall observe and adhere to Whatcom County Code Chapter 12.24. (b) Neither acceptance of this Franchise by Grantee, nor performance of any activity by Grantee pursuant to this Franchise, nor acceptance by Grantee of any benefit or privilege conferred by this Franchise, shall constitute, or be construed as, (1) a waiver by Grantee of any right, privilege or immunity conferred upon Grantee by the Constitution or laws of the United States or by the Constitution or laws of the State of Washington, or (2) an acquiesence by Grantee in any provision of the Whatcom County Charter, or in any ordinance of Whatcom County, or in the reservations of rights and powers - or the exercise thereof - set forth in Subsection 17(b) of this Franchise, if, without such acquiesence, said provision, ordinance, reservation, or exercise would violate any right, privilege or immunity conferred upon Grantee by the Constitution or laws of the United States or by the Constitution or laws of the State of Washington. 4. Replacement of the text of Section 17 with the following text: Section 17. Countv Rights R (a) The County of Whatcom, in granting this Franchise, does not waive any rights which it has now or may hereafter acquire with respect to County roads, rights -of -way or other County property and the Franchise shall not be construed to deprive the County of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and control of the County roads, rights -of -way or other County property covered by this Franchise. (b) This Franchise shall be subject to the power of eminent domain and the right of the Whatcom County Council or the people acting for themselves through the initiative or referendum to repeal, amend or modify this Franchise in the interest of the public. In any proceeding under eminent domain the franchise itself shall have no value. March 17, 1988 Page 5 5. Replacement of the text of Section 18 with the following text: Section 18, Indemnification. The Grantee by acceptance of the privileges granted hereunder does hereby agree and covenant to covenant to indemnify and save harmless Whatcom County, its members, officials, agents and employees for any loss, damage, cost, charge, expense, claim, demand, liability or judgment of whatever kind or nature whether to persons or property, which arises solely out of any act, neglect, omission or default on the part of Grantee, his subcontractors and the agents and employees of either which may occur by reason of construction, operation and maintenance of Grantee's transmission lines and facilities pursuant to this Franchise. The agreement and covenant set forth in the immediately preceding sentence of this section shall not apply where the act, neglect, omission or default has occurred as a direct result of any request, requirement or demand by Whatcom County or any of its officers, employees or agents. 6. Addition of Section 20, to read as follows: Section 20. Termination by Grantee. In the event that this Franchise were to be amended or modified by the Whatcom County Council or by the people acting for themselves through the initiative or referendum, then the Grantee, without penalty or liability of any nature whatsoever, may terminate this Franchise at any time by filing written notice thereof with the Clerk of the Whatcom County Council and with the Whatcom County Director of Public Works, which termination shall become effective upon the expiration of thirty days after the filing thereof. There was discussion about the amendments. JOHNSON MOVED TO ADOPT THE AMENDMENTS. The motion carried. JOHNSON MOVED TO ADOPT THE ORDINANCE AS AMENDED. The motion carried unanimously. March 17, 1988 Page 6 S Open session was held at this point in the meeting to accommodate a citizen who had to leave shortly. Jerry Marsh 8439 Custer School Road Discussed his concern about not learning of the rezone of his area until after the fact; has 5 acres which he had planned to subdivide but recently learned that his area had been rezoned to 5 -acre minimum lot sizes; believes that legal notice in paper and posters in area are not sufficient notice; residents in Custer area do not think of themselves as belonging to the "Blaine /Birch Bay subarea" in any case; suggested that residents in areas scheduled for rezone receive notices with their tax statements; asked the Council to reconsider the rezone of his area. Mr. Marsh's concerns were briefly discussed and scheduled for further consideration at the Planning and Development Committee meeting of April 20, 1988. Barbara Brenner Urged Council members to take an active role in the Health Board's deliberations regarding the Thermal Reduction Company; cited claims, which she stated were inaccurate, made by TRC's attorney concerning a Department of Ecology report. The meeting was recessed at 8:50 p.m. and reconvened at 8:55 p.m. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 8.12 FOR THE PURPOSE OF REVISING.T E FEE SCHEDULE FOR.SOLIP WASTE DISPOSAL AT WHATCOM COUNTY SOLID WASTE SITES The public hearing was opened; there was no testimony and the hearing was closed. Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. There was discussion about the ordinance and about the landfill issue. The motion carried unanimously. March 17, 1988 Page 7 ORDINANCE.AMENDINO ORDINANCE N0, 86 -88, AN ORDINANCE ESTABLISHING WHATCOM COUNTY.FERRY RATES The public hearing was opened; there was no testimony and the hearing was closed. Warner explained the ordinance and reported that the Finance Committee recommended its adoption with an amendment. The amendment would change the ordinance to read: "Senior citizens as referred to herein are residents of Lummi Island 65 years or older with a gross family income eQual to or .les5 th gn that set by the state as the senio-r deferral incoma,for property taxes. ", rather than: " . a gross family income of $18,000 or less." WARNER MOVED TO ADOPT THE ORDINANCE WITH THE AMENDMENT. The motion to amend the ordinance carried. The motion to adopt the ordinance as amended carried unanimously. FINAL CONSIDERATIQX OF RESOLUTIONS AND ORDINANCES ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE ,2 The purpose of the ordinance was to specify that the Whatcom County Council would follow the latest edition of the Sturgis Standard Code of Parliamentary Procedure, rather than the second edition. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE IN THE MATTER OF RE- ESTABLISHING THE WHATCOM COUNT DEPARTMENT OF ,PUBLIC WORKS, IN ACCORDANCE WITH THE HOME RULE WITHIN THE WHATCOM COUNTY CODE A NEW CHAPTER 2.77 Johnson reported that the Public Services Committee recommended the adoption of the ordinance with an amendment to delete the sentence on page 2 in Section 2.77.020 which read: "Funds may be invested by the County Treasurer and all interest earned and profits from such investments shall be retained in and become part of the respective fund, unless otherwise designated by state or local laws." March 17, 1988 Page 8 JOHNSON MOVED TO AMEND THE ORDINANCE BY DELETING THE SENTENCE. Executive Van Zanten explained the need for the amendment and the purpose of the ordinance. The motion to amend the ordinance carried. JOHNSON MOVED TO ADOPT THE ORDINANCE AS AMENDED. The motion carried unanimously. ORDINANCE AUTHORIZING A REVISED SUPPLEMENTAL BUDGET TO THE 1988 SEWER CONSTRUCTION FUND FO_R ADDITIONAL IMPROVEMENTS TO-THE FERNDALE WASTEWATER TREATMENT PLANT Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. OTHER BUSINESS ANNOUNCEMENT OF VACANCY ON PUBLIC DEFENSE ADVISORY COMMIJTEE (COUNCIL APPOINTEE TO BE A NON- ATTORNEY APPOINTED.TO A TWO -YEAR TERM TO RUN THROUGH.DECEMBER �1, 1989, TO REPLACE HUGH FLEETWOOD WHO HAS SERVED TWO FULL TERMS) The vacancy was announced. PETITION TO COUNTY TO ACCEPT UNNAMED ROAD ("CLARKSON LANE") The petition was received by consent, to be scheduled for a hearing and referred to the Public Services Committee. RESOLUTION DIRE_CTING.THE ADMINISTRATION TO BEGIN SITING A NEW COUNTY LANDFILL WARNER MOVED TO APPROVE THE RESOLUTION. HANSEY MOVED TO AMEND THE ORDINANCE TO READ: ". . . THE ADMINISTRATION IS HEREBY AUTHORIZED AND DIRECTED TO BEGIN THE PROCEDURE FOR SITING A NEW COUNTY -OWNED SANITARY LANDFILL. °, RATHER THAN: ". . . THE ADMINISTRATION IS HEREBY DIRECTED . . . " The motions to amend and approve the resolution carried. March 17, 1988 Page 9 REPORT ON LAKE _WHATCOM WATERSHED STUD The Executive was asked for a report on the progress of this project. She said that the Planning Department had analyzed the proposed plan and identified those items which may be implemented by existing departments, and that she had met with the Planning Director to identify three levels of management activity. INTRODUCTION OF RESOLUTIONS AN_D ORDINANCES RESOLUTION IN THE MATTER OF AMENDING RESOLUTION 87 -58, THE EXEMPT SALARY RESOLUTION FOR.1988 Warner explained the resolution and reported that the Finance Committee recommended its approval. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE $, SECTION 2.02, 010, MEETINGS -- 'MMES The ordinance was introduced by consent and scheduled for final consideration April 7, 1988. ORDINANCE AMENDING ORDINANCE NO, 83 -5 AUTHORIZING A F.EE SCHEDULE FOR THE WHAT-COM 0ODNT-Y TREASURER The ordinance was introduced by consent, to be scheduled for a hearing and referred to the Finance Committee. ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE TO THE CITY OF FERNDALE FQR A EERIOD OF 25 YEARS PURSUANT Tp S.TATE 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 ordinance was introduced by consent, to be scheduled for a hearing and referred to the Public Services Committee. ORDINANCE TO REVISE THE 1988 CONVENTION CENTER FUND AP,EROPRIATION The ordinance was introduced by Hansey and referred to the Finance Committee. March 17, 1988 Page 10 S AND OTHER ITEMS FROM COUNCIL MEMBER The Committee of the Whole meeting concerning the juvenile detention facility, which had been tentatively scheduled for March 24, was rescheduled to March 31, 1988. Vanderpol reported that he and Jackson had been touring County departments and were impressed with the work which was being done. Jackson reported that the County flag project was proceeding on schedule and that applications would be available within 10 days. The meeting was adjourned at 9:45 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl, Chair ATTEST :. - r Carol Ebergson Clerk of-the Counci