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HomeMy WebLinkAboutCounty Council for December 18 1980WHATCOh1 COUNTY COUNCIL Minutes of meeting December 18, 1980 The meeting was called to order at 7:35 with all members present for roll with the exception of McIntyre. The minutes of the November 24/25 meeting and the December 4 meeting were approved as presented. HEARINGS The hearing, continued from December 4, was reopened on the ordinance relating to the control of dogs and other animals, providing for the estab- lishment of dog control zones. Testifying on the ordinance were Donna Ayler, Elaine Mooney, Curtis Rhea, Al Sandy, Dave Johnson, Victor Thompson and Vern Tweeter. Letters received were entered into the record from Janet P. Smith, Tracy Rasmussen, and Donaldson & Eastman. The Chair read the names of the following people who telephoned the Council Office and were strongly in favor of the ordinance: Mrs. Larson, Martien & Joyce Vander Horst, Flor- ence Harris, Mrs. Newell, Ann Sutherland, Art Hook, Mr. & Mrs. Elmer Brown, Tille Gerber, Eleanor Lindstrom, Jack & Georgia Drafs, William Barquist and Christine Mellroth. The hearing was closed. Johnson moved to refer the ordinance to Public Safety to further review only in terms of clarifying the matter of the formation of Dog Control Zones through the petition process. Motion carried. The ordinance will be on the 1/8/81 meeting for final con- sideration. The hearing on the vacation of Morgan Street, continued from December 4 was reopened. James Roberts, Superintendent of Bellingham School District requested the amending of the petition to include two alleyways also, and asked to have the fair market value of the land waived. The public notice concerning the vacation had included the alleyways in the legal description of the land, so although the petition did not, republications was not nec- essary. The hearing was closed. Roehl, on behalf of the Planning Committee, moved to approve the vacation of Morgan Street and two alleys, waive the fair market value of th& property, and reserve an easement for a Puget Power line. Muenscher moved to charge $7500 for the land, stating that the new School would cause demands on the County in increased use of the roads and so forth. Muenscher's amendment was defeated. The vacation was granted on a unanimous vote. Minutes of Council meeting December 18, 1980 page two EXECUTIVE ITEMS The Executive presented two transfers for authorization. The first in the Jail budget, in the amount of $8,200.00, and the second in the Election Reserve budget, $12,126.00. Finance had reviewed these and recommended ap- proval. Hansey's motions to authorize the transfers carried. OPEN SESSION Paul Larson, on behalf of the water associations, addressed the Council on the matter of the water samples the Health Department requires to have collected to be analyzed, and the $6.00 fee now being charged. He asked the Council to disallow the fee to be charged. As this is a Health Board matter, it is out of the Council's jurisdiction, and there is nothing the Council can do in that regard. Carl Stock addressed the Council on the matter of water associations being assessed this $6.00 fee. Robert Frost requested protection in the Courthouse after 4:30 p.m. as there is no security in the building after that time. Elizabeth Bailey spoke in regard to the Cherry Point /Ferndale plan,; stating that she felt the Planning staff and Commission had not been respon- sive to public input on the plan. FINAL CONSIDERATION OF ORDINANCES AND RESOLUTIONS Ordinanceswere reviewed by Finance with "do pass" recommendations, moved for passage by Hansey, and enacted by unanimous vote as follows: 1) revising and implementing a vehicle and traffic code as part of the Whatcom County Code, and adopting, by reference, portions of the State Motor Vehicle Code as contained in R.C.W. Chapter 46, (adop- ted as amended) Roehl had moved to amend, adding new section 10.60 MONETARY PENALTIES. Amendment passed. The text of the amendment is as follows: SECTION 10.60 Monetary Penalties 1) A person found to have committed a traffic infraction under the terms of this chapter or ordinance shall be assessed a mon- etary penalty. No penalty may exceed $250.00 for each offense unless authorized by this chapter or title. 2) There shall be a penalty of $25.00 for failure to respond to a a notice of traffic infraction, or failure to pay a monetary pen- alty imposed pursuant to this chapter `/ 4 Minutes of Council meeting December 18, 1980 page three 3) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay it at that time, the court may, at its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court shall notify the Department of Motor Ve- hicles of the failure to pay the penalty, and the department may not renew the person's driver's license until the penalty has been paid. 2) authorizing a supplemental budget for the District Court 1980 budget 3) authorizing a supplemental budget for the Mental Health Fund, 1980 4) authorizing a supplemental budget for the Boundary Review Board 1980 budget 5) authorizing a supplemental budget. and transfers within said budget for the Bureau of Buildings and Code Administration, Current Ex- pense Fund for 1980 6) authorizing a supplement and transfers for the Building Maintenance budget for the year 1980 7) authorizing a supplemental budget for the County Clerk's 1980 budget 8) authorizing a supplemental budget for the Non - Departmental budget, Ambulance Section, 1980 9) authorizing a supplemental budget for the State Examiner's 1980 budget; Hansey had moved to accept substitute ordinance. Motion, had carried. 10) authorizing a supplemental budget for the Treasurer's 1980 budget 11) increasing the amount of the Larry E. Mount revolving fund Also reviewed by Finance and moved for passage by Hansey with "do pass" recommendation was a substitute resolution in the matter of transfers affect - int the 1980 budget. The substitute resolution was accepted and passed by unanimous vote. Roehl, with Planning recommendation of "do pass" moved the passage of the resolution in the matter of the formation of Whatcom County hater Distric- No. 17, mentioning that these boundaries may be changed later due to the petition from residents requesting withdrawal from the district. Motion carried. Minutes of Council meeting December 18, 1980 page four Hansey moved the passage of an ordinance authorizing a supplemental budget for the Superior Court 1980 budget. Finance recommended "do pass." Motion carried by unanimous vote. OTHER BUSINESS Opportunity for Planning Commission nominations was continued, with the nominations of Peggy Hinton, Louise Greer and Barry Skinner having been made at the 12/4 meeting. Letters were received from the Homebuilders' Associa- tion, Board of Realtors, Harriet and Les Spanel, Robert Frost and Rod Fergusor regarding the appointments. Roehl moved to postpone consideration until January 8 and leave the nominations open. Hawley, Johnson and Hansey spoke against the motion. Motion was defeated. The nominations were closed. Hinton was appointed by unanimous vote. Skinner and Greer had a tie'vote of three each, with Muenscher, Van Zanten and Roehl voting for Skinner, and Hansey, Johnson and Hawley voting for Greer. The appointment of the second position was deferred to the January 8 meeting. Hansey moved for Van Zanten to serve on the Task Force to study the.."�as- ibility of a taxing district .for Emergency Medical Services. Motion carried.' Petitions and applications were received as follows: a) petition requesting withdrawal from Water District 17. The Prose- cuting Attorney will be asked to clarify the procedures b) Open space applications from Razore, Nesbit, Thompson, Bedell and Kunnap. These will be referred to the Planning Commission A letter from Greg Waddell, City Planning Director suggesting some joint City County meetings to look at the Lake Whatcom watershed problem was re- ceived and sent to Planning Committee. The application of Knight Development for preliminary plat approval, whic also includes a subdivision variance request to create and develop a resi- dential subdivision known as Valley View Meadows was received and referred to the Planning Committee, to come to full Council on January 22. INTRODUCTION OF ORDINANCES AND RESOLUTIONS Hansey introduced and moved the passage of an emergency ordinance auth- orizing a supplemental budget for the 1980 Purchasing budget. Finance rec- ommended "do pass." Motion carried by unanimous vote. Minutes of Council meeting December 18, 1980 page five Johnson introduced an ordinance restricting the speed limit on Portal Way, Enterprise Road and Harksell Road, which had come back to Council as a result of a study performed by Engineering at the direction of Council. No committee will review, but public hearing was called for 1/22. Roehl introduced an ordinance amending the 1970 Comprehensive Plan Text and Map for the geographical area commonly known as the Cherry Point /Ferndale sub area of Whatcom County, Washington. A committee of the whole meeting was established to review the matter on Tuesday, 1/6/81 at 7:30 p.m. Hansey introduced and moved the passage of three resolutions, with Fi- nance recommendation of "do pass." All passed by unanimous vote: 1) in the matter of increasing the Engineer's petty cash fund from $100 to $200 2) authorizing retroactive salary increases for union employees 3) In the matter of the cancellation of a warrant over one year old in accordance with the provisions of R.C.W. 36.22.100 relating to the cancellation of warrants Roeh introduced the resolution approving the petition of Albert Weivoda for lot line adjustment. As it was against state statutes, no action was taken. COMMITTEE REPORTS The Chair mentioned the memo to Council members on committee and board appointments for 1981 There is to be a. meeting 12/22 at 3:30 with Dick Simmons, Louws, the Sheriff, Prosecuting Attorney, head jailer and the judges concerning convicted felon prisoners, and Simmons' program "Conviction Alternatives." Meeting adjourned at 10:35 p.m. k