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HomeMy WebLinkAboutCounty Council April 2 1987WHATCOM COUNTY COUNCIL April 2, 1987 The meeting was called to order at 7:30 p.m. by Vice Chair Roehl with Hansey, Hawley, Muenscher, and Warner present. APPROVAL OF HINUY.S The minutes of March 19, 1987 were approved. SPECIAL ITEM OF BUSINESS PROCLAMATION 0 OE 1987 "WHATCON COUNTY IN BLOOM" Executive Van Zanten introduced several community members and county employees who were lending their support to the program, and thanked 'them for their participation. She then read her proclamation officially opening the 1987 "Whatcom County in Bloom" competition. EXECUTIME , ITEMS BID AWARD FOR TWO 3/4 TON SUBURBAN-TYPE UC S TO DEWEY GRIEFIN 0 DS -C LL C -GMC FOR TWO GM TR20909 ZW9 TRUCKS A $13j948.72 EACH, FOR A NET BID OF $28,348.64 INCLUDING D -IN ALLOIdANCE AND SALES 'SAX Van Zanten presented the request for approval of the bid award. Warner reported that the Finance Committee recommended approval of the request. WARNER MOVED TO APPROVE THE BID AWARD. The motion carried. BID AWARD FOR RECONSTRUCTION 0 GULF ROAD, PT, ROBERTS, FROM TYEE TO FRONT ST., TO WILDER CONSTRUCTION COMPANY, IN THE AMOUNT OF $508,755, INCLUDING SAXES INITIATING RESOLUTION,` PROJECT NO, 99126, Van Zanten presented the bid award and initiating resolution. Warner reported that the Finance Committee recommended that the bid award and the initiating resolution be approved. WARNER MOVED TO APPROVE THE BID AWARD AND THE INITIATING RESOLUTION. April 2, 19$7 Page 2 Separate votes were taken on the bid and the resolution. The motion to approve the bid award carried. The motion to approve the initiating resolution carried. BID AWARD FOR CONSTRUCTION 0 BIRCH BAY BERM AND ROADWAY REPAIRS TO MEL HICKS CONSTRUCTION, IN THE AMOUNT OF $1,30,666 BID AWARD FOR SUPPLY OF GRAVEL FOR BIRCH BAY BERM TO FERNDALE READY MIS, IN THE AMOUNT OF $29,275 INITIATING RESOLUTION, PROJECT N0, 99720 Van Zanten presented the bid awards and 'initiating resolution. Warner reported that the Finance Committee recommended approval of both bid awards and of the initiating resolution. WARNER MOVED TO APPROVE THE TWO BID AWARDS AND THE INITIATING RESOLUTION. There was discussion on the motion. Separate votes were taken on the two bid awards and the resolution. The motion to approve the bid to Mel Hicks Construction carried. The motion to approve the bid to Ferndale Ready Mix carried. The motion to approve the initiating resolution carried. AGREEMENT BETWEEN PT, ROBERTS W TER DISTRICT NO 4 AND WHATCOM COUNTY Van Zanten explained the agreement. Warner reported that the Finance Committee recommended approval of the agreement with an amendment. WARNER MOVED TO APPROVE THE AGREEMENT WITH THE AMENDMENT PENCILED IN ON PAGE 2 STATING THAT THE 10% INTEREST PER ANNUM COMMENCES UPON RECEIPT OR EXPENDITURE. There was discussion on the motion. The motion carried. April 2, 1987 Page 3 BID AWARD FOR PNEUMATIC COMPACTOR TO FRAY EQUIPMENT COMP N NC EOR A BOMAG MODEL B)dl2R COMPACTOR, AT A NET BID OF $33,,140.4,1, INCLUDING TRADE -IN ALLOWANCE AND SALES TAX Van Zanten presented the proposed 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. REPORT OF THE EXECUTIVE REPORT ON RECREATIONAL DEVELOPMENT ON LUMMI ISLAND The report was distributed to the Council, and referred to the Planning and Development Committee. ALTERNATIVE SOLUTIONS TO S LID WASTE DISPOSAL PROBLEMS Van Zanten distributed and briefly discussed letters from the Public Works Director and Thermal Reduction Co. on this subject. COFFEE SHOP Van Zanten reported that a new contractor would reopen the Courthouse coffee shop on April 13. OPEN SESSION Willis Struiksma 194 Bay -Lyn Drive Lynden Described extensive problems with fire marshals interpretation and enforcement of fire protection regulations in connection with a building he has under construction. Muenscher volunteered to work with Mr. Struiksma to help him resolve the problems. HEARINGS ORDINANCE REGARDING HE MATTER OE PLACING STOP AND YIELD SIGNS 0 VARIOUS COUNTY ROADS (LONGDIN ROAD AND BENNETT AVENUE) The public hearing on the ordinance was opened. April 2, 1987 Page 4 Rick Keeney County resident Stated that a yield sign at the Bennett Avenue intersection was not effective enough; should be flashing lights instead. Ed Henken County Engineer Suggested that Council hold the ordinance for two weeks while his department took another look at the intersection. There was no further testimony and the hearing was closed. Hansey reported that the Public Services Committee had not found any problem with the ordinance, but would concur in the suggestion to re- examine the intersection. HANSEY MOVED TO REFER THE ORDINANCE BACK TO THE PUBLIC SERVICES COMMITTEE FOR FURTHER CONSIDERATION. The motion carried. PROPOSED AMENDMENTS O TITLE 20 THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE The public hearing on the ordinance was opened. Dan Taylor County Planning Director Explained the effect of the proposed changes. There was no further testimony and the hearing was closed. Roehl explained that the ordinance to enact the changes would be scheduled for final consideration at the next Council meeting. REQUEST O ERASE LOT LINE BEIWEEN LOTS 30 AND 11, DIVISION PLAT OF SUDDEN VALLEY, FILED BY DONALD AND JACKIE BAILEY The public hearing on the request was opened; there was no testimony and the hearing was closed. Muenscher reported that the Planning and Development Committee recommended approval of the request, with conditions. MUENSCHER MOVED TO APPROVE THE LOT LINE ERASURE, WITH THE CONDITIONS OUTLINED IN DONOVAN KEHRER'S MEMO OF MARCH 24, 1987. April 2, 1987 Page 5 The motion carried. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE S NG A PASS-THROUGH FEE UPON RS OR S NS COMPANIES, OR R 0 ONS ENGAGED IN THE COLLECTION AND DISPOSAL OF REFUSE AND GARBAGE. OR CONTRACTORS CITIZENS, OR OTHER BUSINESSES DISPOSING OE REFUSE OR GARBAGE WITHIN WHATCOM COUNTY AT PRIVATELY -OWNED INCINERATORS OR PRIVATELY -OWNED LANDFILL SITE- CCESSIBLE TO THE PUBLIC Warner reported that the Finance Committee recommended adoption of a substitute ordinance, with some amendments. WARNER MOVED TO !SUBSTITUTE THE REVISED ORDINANCE. The motion carried. WARNER MOVED TO AMEND THE ORDINANCE ON LINE 11 TO STATE THAT "WHEREAS, WHATCOM COUNTY RESOLUTION 87 -8 REQUIRES THAT THE CEDARVILLE LANDFILL ONLY RECEIVE DEMOLITION AND CONSTRUCTION DEBRIS AFTER JUNE 30, 1987 AND MUNICIPAL WASTE ONLY IN EMERGENCY SITUATIONS; ". The motion carried. WARNER MOVED TO AMEND THE ORDINANCE BY INSERTING THE DATE OF "JULY 1, 198711 AS THE EFFECTIVE DATED STATED IN SECTION 5. The motion carried. WARNER MOVED TO ADOPT THE SUBSTITUTE ORDINANCE AS AMENDED. There was discussion on the motion. The motion carried 14 -1 (Hawley). ORDINANCE REVISING THE 1,987 PARKS AND RECREATION FUND APPROPRIATION Warner explained the ordinance and reported that the Finance Committee recommended adoption of a substitute ordinance. WARNER MOVED TO SUBSTITUTE THE REVISED ORDINANCE. The motion carried. WARNER MOVED TO ADOPT THE SUBSTITUTE ORDINANCE. The motion carried unanimously. April 2, 1987 Page 6 OUDINANCE ESTABLISHING A 200 PETTY CASH REVOLVING FUN FOR THE EgUIPMENT RENIAL AND REVOLVING FUND, CENTRAL S OR S Warner reported that the Finance Committee recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE TO REVISE H E 1987 PHYSICAL PLANT AND CAPITAL FACILITIES FUND 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 DISCUSSION OF HEARING EXAMINERTS RECOMMENDATIONS CONCERNING APPEAL PROCEDURES Muenscher reported that the Planning and Development Committee had met with the Hearing Examiner and discussed his concerns, and that the Committee recommended strengthening those provisions in the appeal procedures which set time limits on the appeal process. MUENSCHER MOVED TO ADD TO THE INTERIM ZONING ORDINANCE LANGUAGE STATING THAT "FAILURE TO ABIDE BY THE TIME LIMITS CONTAINED HEREIN WILL RESULT IN AUTOMATIC DISMISSAL OF AN APPEAL." There was discussion on the motion. The motion carried. PROPOSED MOTION CONCERNING ERRORS AND OMISSIONS INSURANCE Warner reported that the Finance Committee recommended that the Council pass the proposed motion. WARNER MOVED THAT THE COUNCIL AFFIRM THAT WHATCOM COUNTY WILL CONTINUE TO INSURE ITS EMPLOYEES AND MEMBERS OF BOARDS AND COMMITTEES TO THE SAME EXTENT AND UNDER THE SAME CONDITIONS AS THEY WERE COVERED BY THE PREVIOUS ERRORS AND OMISSIONS INSURANCE POLICY. THE COVERAGE WILL BE ON A FIRST - DOLLAR BASIS. April 2, 1987 Page 7 There was discussion about offers of Errors and Omissions and Law Enforcement Liability policies, which the Finance Committee had recommended against accepting. The motion carried. REgUEST FOE $5,000 CONTRIBUTION O REGION V TOURISM EROMOTION AND MARKETING Warner reported that the Finance Committee had recommended against granting the request. The Council concluded that no further action was warranted. REPORT ON ANALYSIS OF INFRA- COURTHOUSE SERVICES The report was referred to the Finance Committee. REPORT ON ORGANIZED DISPOSAL OF COUNTY -OWNED PROPERTY The report was referred to the Finance Committee. APPEAL TO THE WHATCOM COUNTX COUNCIL TO REVIEW A DECISION OF THE HEARING EXAMINER, FILED BY DENIS TRULOCK The appeal was received by consent and placed on file pending receipt of the record. The Council suggested that its attorney advise them on how to resolve the delay in the progress of this appeal. APPLICATION FOR TRANSFER PEN SPACE/TIMBERLAND CLASSIFICATION, FILED BY STUART BISHOP APPLICATION R NSF R TO OPEN SPACEMMDERLAND CLASSIFICA11ON, FILED BY SHARON COOPER APPLICATION FOR TRANSFER TO OPEN SPACE/TIMBERLAND CLASSIFICATION, FILED B —SANDRA-ROSS The applications were received by consent and referred to the Planning Commission. INTRODUCTION QF RESOLUTIONS AND ORDINANCES RESOLUTION F THE WHATCOM COUNTY C U C L PROVIDING FOR H SUBMISSION TO THE QUALIFIED L C OR HEREOF OF A PROPOSED DRAINAGE DISTRICT AT A SPECIAL ELECTION TO BE HELD ON MAY 19, 1987 OF A PROPOSITION FOR THE CREATION OF A DRAIN,&GE IMPROVEMENT DISTRICT 0 BE KNQWN AS THE SUM AS RIVER DRAINAGE IMPROVEMENT DISTRICI WITHIN WHATCOM COUNTY AND REQUESTING THE WHA COM COUNTY AUDITOR TO CONDUCT SAID SPECIAL ELECTION Hansey reported that the Public Services Committee recommended approval of the resolution. April 2, 1987 Page 8 HANSEY MOVED TO APPROVE THE RESOLUTION. The motion carried. ORDINANCE TO AMEND TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE The ordinance was introduced by consent and referred to the Planning and Development Committee. ORDINANCE AMENDING WHATCOM COUNIX CODE, CHAPTER 17, ENJITLED "FLOOD DAMAGE PREVENIION," FOR HE PURPOSE OF INCORPORATING NEW FEDERAL FLOOD DAMAGE E N ON REGULATIONS AS REQUIRED BY THE NATIONAL FLOOD INSURANCE EROGRAM The ordinance was introduced by consent and referred to the Finance Committee. ORDINANCE IN THE MATIER OF GRANTING A NON-EXCLUSIVE FRANCHIS 0 POINT ROBERTS WATER QJ CT NO 4 FOR A PERIOD OF EARS PURSUANT O STATE L AND SECTION 9.30 OF HE WHATCQM CQUNTY HQME RULE CHARTER, TO OPERAIE AND MAINTAIN WATER MAINS AND WATER DISTRIBUTION LINES ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS OF WHAICQM COUNTY The ordinance, a substitute for an ordinance introduced at the March 19, 1987 meeting, was introduced by consent, to be scheduled for a hearing and referred to the Public Services Committee. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS COMMITTEE OF THE WHALE MEETINGS Warner proposed that the Council schedule regular Committee of the Whole meetings on the Thursdays when regular Council meeting are not held (except those Thursdays which fall within the fifth week of a month), in order to work on various issues facing the County. The Council agreed to schedule such meetings for April 9 and April 23, and also agreed that those and other similar Committee of the Whole meetings would not need to be staffed by a Clerk. The meeting was recessed into executive session at 9:05 p.m., for the purpose of discussing labor negotiations. The meeting was reconvened and adjourned at 9:30 p.m. ATTEST: Ca of Eber on Clerk of the Cou cil WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON William P. Roehl Vice Chair