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Home My WebLink AboutCounty Council February 19 1987WHATCOM COUNTY COUNCIL February 19, 1987 The meeting was called to order by Council Chair Burton at 7 :40 p.m., with Hansey, Hawley, Muenscher, Roehl and Warner present. APPROVAL OF MINUTES The minutes of February 5, 1987 were approved. EXECUTIVE ITEMS APPOINTMENT OF HELEN MERRICK TO THE NOR-BELL ADVISORY BOARD TO FILL THE UNEXPIRED TERM OF ELLEN SCHENK (y1 /87 12/31/89) Executive Van Zanten presented her recommendation for the appointment of Helen Merrick. HAWLEY MOVED TO APPROVE THE APPOINTMENT OF HELEN MERRICK TO THE NOR -BELL ADVISORY BOARD. The motion carried. LIABILITY INSURANCE FOR 198 Executive Van Zanten explained that the County's insurance was due to expire February 20, 1987. She said she had learned that the offer, discussed earlier that week by the Finance Committee, of an occurrence -based policy from a new carrier did not include coverage for claims related to road design. Consequently, that policy was no longer feasible for the County, and the remaining options were all claims -made policies. Insurance broker Brian Griffin reviewed the County's current insurance coverage, and discussed the options available to the County if it renewed its coverage with the existing carrier. Executive Van Zanten presented various purchase options to the Council. She said that the County could purchase the same package as last year for a premium of $299,589, which was a drop of approximately $8,000 in cost from the previous year. Her recommendation was to purchase the same package as last year but with an additional one million dollars of liability coverage, at an additional $53,000 charge, which would bring the total cost ,of the policy to $352,589. This policy included a $250,000 self - insured deductible with a $450,000 loss stop -gap. February 19, 1987 Page 2 Her second - choice recommendation was to purchase this same package (last year's policy with an additional one million dollars of coverage), but with a $500,000 self - insured deductible and no $450,000 stop -gap, at a cost of $222,000. Other options she discussed were to purchase the same package as last year with an additional two million dollars of liability coverage, at a cost of $402,589; and to purchase catastrophic coverage only, with a one million dollar self - insured deductible, at a cost of $127,435. There was discussion on these options and their individual components. Van Zanten stated that, purchased separately, the policy for property insurance would cost $22,350, the policy for errors and omissions $18,000, and $41,295 for the false arrest policy. She also said that there would be broker's and claims management fees involved in the purchase of those policies. HANSEY MOVED TO SEPARATELY CONTRACT FOR COVERAGE FOR FALSE ARREST, PROPERTY, AND ERRORS AND OMISSIONS, AND ANCILLARY COSTS; TO SELF - INSURE FOR GENERAL LIABILITY COVERAGE AND ASK THE ADMINISTRATION TO DEVELOP A SELF - INSURANCE PROGRAM; AND WITHIN THE NEXT 30 DAYS TO HAVE A ONE MILLION DOLLAR COUNCILMATIC BOND ISSUE PREPARED FOR THE SELF - INSURANCE FUND. There was discussion on the motion. Hansey withdrew the section of his motion concerning councilmatic bonds. The motion then read as follows: HANSEY MOVED TO SEPARATELY CONTRACT FOR COVERAGE FOR FALSE ARREST, PROPERTY, AND ERRORS AND OMISSIONS, AND ANCILLARY COSTS, AND TO SELF - INSURE FOR GENERAL LIABILITY COVERAGE AND ASK THE ADMINISTRATION TO DEVELOP A SELF - INSURANCE PROGRAM. The motion carried 5 -1 (Roehl) on a roll -call vote. REPORT ON THE 1987 ROAD CONSTRUCTION SCHEDULE Executive Van Zanten distributed and briefly reviewed a 1987 road construction project schedule. NOR -BELL UNION CONTRACT FOR 1987-1989 This item was withdrawn from the agenda. February 19, 1987 Page 3 APPLICATION FOR A CLASS A,,C . E_Tj FF LIQUOR LICENSE BY RONALD WAYNE BENSON FOR VALLEY MARKET AND DELI, 2275 LAKE WHATCOM BOULEVARD, BELLINGHAM, WASHINGTON, 98226 Executive Van Zanten explained the circumstances of the application. The Public Services Committee had not met due to lack of a quorum and therefore had not reviewed the application. HAWLEY MOVED TO APPROVE THE LIQUOR LICENSE APPLICATION. The motion carried. The meeting was recessed at 8:55 p.m., and reconvened at 9:00 P.M. H A ING HEARING ON PROPOSED SUMAS RIVER DRAINAGE IMPROVEMENT DISTRICT Dan Dickson of-the Engineering Department explained the history of the proposed drainage improvement district, and said that his department supported formation of the district. The public hearing on the matter was then opened. Evelyn Nowicke 3341 Berg Road Stated that she and others had been working on formation of the district since 1982; individual citizens could no longer deal with flooding and drainage problems. Joe Abbott 3420 Mack Road Described flooding problems on his property and poor condition of Dale Creek; supported drainage district. Bill Ridenhour Mack Road Opposed formation of district; stated that a pond on his property would be threatened as a consequence of drainage district. Jim Rorabaugh 3354 Berg Road Supported drainage district; stated that residents will be taxed according to the benefit they receive; did not believe Ridenhour's pond would be destroyed. February 19, 1987 Page 4 or Ted Pike 3247 South Pass road Supported drainage district; stated that benefits outweighed disadvantages; also didn't think pond would be destroyed. Fred Nowicke 3341 Berg Road Supported drainage district; stated that Sumas River is part of the problem as well as Swift Creek; entire area will benefit from creation of district. Dan Zender 322 N. Commercial Representative of three timber companies involved in appeal from inclusion in district; stated that the companies still oppose the boundaries of the proposed district. Sy Lautenbach 8676 North Telegraph Road Supported formation of drainage district. Mike Parker 3421 South Pass Road Supported formation of drainage district. Everett Gimmaka 7431 Goodwin Complained that County Road Department has done work on his property and changed course of creek without his permission; supported formation of drainage district as he believes it will eliminate the need for the County to do this. There was no further testimony and the hearing was closed. MUENSCHER MOVED TO APPROVE THE FORMATION OF THE SUMAS RIVER DRAINAGE IMPROVEMENT DISTRICT AND ALLOW THE PROPOSAL TO PROCEED TO A VOTE OF THE LANDOWNERS IN THE DISTRICT. There was discussion on the motion. The motion carried. The meeting was recessed at 9:40 p.m., and reconvened at 9:45 p.m. February 19, 1987 Page 5 IJ No one spoke at open session. X FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE AMENDING TITLE 20 THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE The ordinance had been held in the Planning and Development Committee. ORDINANCE TO REVISE THE 1987 SOLID WASTE MANAGEMENT FUND BUDGET THUS AMENDING QRDINANCE 86 -89 Warner reported that the Finance Committee recommended adoption of the ordinance. WARNER MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. HAWLEY MOVED TO TABLE THE ORDINANCE FOR TWO WEEKS. The motion failed. The motion to adopt the ordinance carried 5 -1 (Hawley). ORDINANCE 10 REVISE THE 1987 CURRENT EXPENSE FUND BUDGET ,THROUGH RESCINDING APPROPRIATION AUTHORITY IN A NUMBER OF DEPARTMENTS, THUS AMENDING 86 -89 Warner explained the ordinance, and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. HANSEY MOVED TO AMEND THE MOTION TO SPECIFY THAT THE SAVINGS REFLECTED IN THE ORDINANCE REVERT TO THE TORT CLAIMS DEFENSE FUND RATHER THAN THE ENDING FUND BALANCE. The motion to amend carried. The main motion as amended carried 5 -1 (Hawley). February 19, 1987 Page 6 OTHER BUSINESS CONSIDERATION OF AN APPEAL TO REVIEW THE DECISION OF THE HEARING EXAMINER CONCERNING THE CONDITIONAL USE PERMIT APPLICATION (CU 38 -86) OF WESTERN TELECOMMUNICATION, INC. WARNER MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. Roehl explained the criteria on which the Council must base a decision to uphold or overturn a decision of the Hearing Examiner. The motion carried. NOMINATIONS /APPOINTMENTS TO TWO VACANT POSITIONS ON THE OPEN SPACE ADVISORY COMMITTEE Burton explained that because the Open Space Advisory Committee was scheduled to meet in February, it was necessary to make nominations and vote on appointments during the current meeting rather than follow the Council's usual procedure of making nominations at one meeting and appointments at a subsequent meeting. BURTON MOVED TO SUSPEND THE RULES CONTAINED IN THE WHATCOM COUNTY CODE, SECTION 2.02.180, AND VOTE ON NOMINATIONS THAT EVENING. The motion carried unanimously. MUENSCHER NOMINATED AND MOVED TO REAPPOINT IRWIN NOTEBOOM AND ART DEJONG TO THE OPEN SPACE ADVISORY COMMITTEE. The motion carried. NOMINATION /APPOINTMENT TO WHATCOM COUNTY DRAINAGE IMPROVEMENT DISTRICT 6 Jim Bjornstad had been nominated at the meeting of February 5, 1987 to serve as a supervisor of the district until the next general election, scheduled for November 3, 1987. MUENSCHER MOVED TO APPOINT JIM BJORNSTAD TO WHATCOM COUNTY DRAINAGE IMPROVEMENT DISTRICT 6. The motion carried. February 19, 1987 Page 7 PLANNING COMMISSION RECOMMENDATION REGARDING THE DENNIS SORENSEN OPEN SPACE(TIMERLAND TRANSFER APPLICATION, Muenscher reported that the Planning and Development Committee recommended approval of the application, and explained the circumstances of the request. MUENSCHER MOVED TO APPROVE THE APPLICATION. The motion carried. DISCUSSION OF WARNER'S REQUEST FOR A REPORT ON ECONOMIC DEVELOPMENT' IN WHAICOM COUNJY Warner explained the basis for his memo, which outlined specific areas of concentration. WARNER MOVED TO REQUEST THE ADMINISTRATION TO REPORT ON THE AREAS MENTIONED IN THE MEMO AT THE FIRST COUNCIL MEETING IN JUNE AND AT SIX -MONTH PERIODS THEREAFTER. There was discussion on the motion. The motion carried. PETITION TO VACATE LOT LINE BETWEEN LOTS 186 AND 187, DIVISION 3, PLAT OF SUDDEN VALLEY, AILED BY JAMES FINDLEY The petition was received by consent and referred to the Planning and Development Committee. PETITION TO ALTER THE PLAT OF ELDEAN PARK, FILED BY CONNIE BOYER The petition was received by consent, to be scheduled for a hearing and referred to the Planning and Development Committee. INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION DECLARING THE RESTORATION OF THE MOUNT BAKER THEATRE AN OFFICIAL CENTENNIAL PROJECT Roehl reported that the resolution had been held in the Finance Committee pending receipt of,more information. February 19, 1987 Page 8 RESOLUTION { AMENDING RESOLUTION 86 -56, A RESOLUTION ADOPTING THE 1987 ROAD CONSTRUCTION PROGRAM Warner explained the resolution and reported that the Finance Committee recommended its approval. The Public Services Committee had not met due to lack of a quorum and therefore had not reviewed the resolution. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried unanimously. RESOLUTION REGARDING THE MATTER OF PLACING A NAME ON A CERTAIN COUNTY ROAD RIGHT -OF -WAY ( "TRAIL'S END ") RESOLUTION REGARDING THE MATTER OF PLACING A NAME ON A CERTAIN COUNTY ROAD RIGHT-OF-WAY ( "BRITTON LOOP ROAD ") ORDINANCE REGARDING SPEED LIMITS ON VARIOUS COUNTY ROADS The above resolutions and ordinance were introduced by consent, to be scheduled for hearings and referred to the Public Services Committee. ORDINANCE AMENDING TITLE 20. THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TEXT TO RESOLVE PROBLEMS OF ADMINISTRATION AND PROVIDE FOR ADDITIONAL USES IN CERTAIN DISTRICTS The above ordinance was introduced by consent and referred to the Planning and Development Committee. ORDINANCE TO REVISE THE 1987 PHYSICAL PLANT AND CAPITAL FACILITIES FUND BUDGET AND AMENDING ORDINANCE 86 -89 The above ordinance was introduced by consent and referred to the Finance Committee. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Roehl suggested that the Council needed to discuss during a Committee of the Whole meeting the need for a fourth Superior Court judge and courtroom. The meeting was adjourned at 10 :30 p.m. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUN WAS INGTON Carol Ebergson� Tom Burton, Chair Clerk of the Council