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HomeMy WebLinkAboutCounty Council January 21 1988WHATCOM COUNTY COUNCIL January 21, 1988 The meeting was called to order by Council Chair Burton at 7 :30 p.m. with all Council members present. APPROVAL OF MINUTES The minutes of the Council meeting of January 7, 1988 were approved. REORGANIZAIIQN OF COUNCIL CHAIR, VICE - CHAIR AND EXECUTIVE. PRO. TEM Warner nominated Roehl as Chair. Roehl nominated Hansey as Vice- Chair. Jackson nominated Warner as Executive Pro -Tem. The nominations were approved unanimously. FINANCE COMMITTEE Warner nominated Hansey. Jackson nominated Vanderpol. Johnson nominated Warner. The nominations were approved unanimously. PLANNING AND DEVELOPMENT COMMITTEE Warner nominated Burton, Johnson and Jackson. The nominations were approved unanimously. Roehl moved to appoint Hansey to serve in Johnson's place for the month of February. The motion carried. PUBLIC SERVICES COMMITTEE Hansey nominated Johnson, Vanderpol and Jackson. The nominations were approved unanimously. January 21, 1988 Page 2 OTHER BOARDS, COMMITTEES AND COMMISSIONS Warner nominated Burton, Warner and Hansey to the Health Board. Hansey stated for the record that he might have to miss meetings in February and March. Roehl nominated Warner and Vanderpol to the Council of Governments. Jackson nominated Burton to the Council on Aging. Roehl nominated Jackson to the LEOFF Board. Vanderpol nominated Burton to the Northwest Air Pollution Board. Roehl nominated Johnson to the Northwest Regional Council. Burton nominated.Burton, Johnson and Jackson to the Joint City /County Open Space Taxation Committee. Johnson nominated Burton to the Whatcom County Opportunity Council. Roehl nominated Warner to the Substance Abuse Board. Hansey nominated Roehl to the Developmental Disabilities Board. Hansey nominated Vanderpol to the Mental Health Board. Johnson nominated Warner to the Northwest Senior Services Board. Johnson nominated Warner to the Public Defense Advisory Committee. Hansey nominated Burton and Jackson to the Whatcom Transportation Authority Board. Hansey nominated Roehl to the Fourth Corner Development Group. Roehl nominated Vanderpol to the Mt. Baker Theatre Management and Operating Board. Johnson nominated Jackson to the Solid Waste Advisory Committee. The nominations were unanimously approved. January 21, 1988 Page 3 EXECUTIVE_ITEMS CONFIRMATION OF .THE, APEOINTMENT..OF. N.F. JACKSON AS .SUPERI.QR GOURD' CLERK TO DECEMBER.3, 1988 Executive Van Zanten presented her recommended appointment. WARNER MOVED TO CONFIRM THE APPOINTMENT OF N.F. JACKSON AS SUPERIOR COURT CLERK TO DECEMBER 31, 1988. There was discussion on the motion, and about the unclear wording of Section 3.61 of the Home Rule Charter concerning the procedure for appointment of the Superior Court Clerk. The motion carried. RECOMMENDED APPOINTMENTS OF ART ZAWICKI, DAN LEIDECKER SAND JAN DEVRIES TO THREE -YEAR, TERMS ON THE SOLID WASTE ADVISORY COMMITTEE,.TERMS .TO RUN THROUGH DECEMBER 31, 1990 Executive Van Zanten presented her recommended appointments. JOHNSON MOVED TO APPOINT ART ZAWICKI, DAN LEIDECKER AND JAN DEVRIES TO THE SOLID WASTE ADVISORY COMMITTEE. -The motion carried. REPORT OF THE EXECUTIVE The Executive described the progress of road construction projects on the Hannegan Bridge, Lakeway Road, and West Pole Road. HEARINGS ORDINANCE REGARDING THE MATTER OF ESTABLISHING A.SPEED LIMIT ON A PORTION OF SUCIA DRIVE The public hearing on the ordinance was opened. Dick Metcalf 4779 Sucia Drive Ferndale Described the need for the proposed reduction in the speed limit, and requested efforts towards enforcement of the lowered speed limit. There was no further testimony and the hearing was closed. January 21, 1988 Page 4 Johnson reported that the Public Services Committee recommended adoption of the ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. HEARING TO DETERMINE WHETHER WHATCOM COUNTY WATER DISTRICT NO, 15 IS INACTIVE AND SHOULD BE DISSOLVED The hearing was opened; there was no testimony and the hearing was closed. Johnson reported that the Public Services Committee believed that Water District 15 was an inactive district. JOHNSON MOVED TO DISSOLVE WATER DISTRICT 15. The motion carried. L40 No one spoke at open session. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE TO REVISE THE 1988 CURRENT EXPENSE FUND, PUBLIC DEFENDER'S APPROPRIATION THEREIN Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. There was discussion on the motion. The motion carried unanimously. ORDINANCE AUTHORIZING A SUPPLEMENTAL BUDGET TO THE 1988 . SEWER CONSTRUCTION FUND FOR. ADDITIONAL IMPROVEMENTS TO THE FERNDA.�1 E 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. January 21, 1988 Page 5 ORDINANCE IN THE MATTER QF . AMENDING WHATCOM COUNT.Y CODE .CHAP.TE� 2..64 S. ECTION .2,64..0.40. MILEAGE. RAT PROMIDING. THE-RATE AT WHIG OFFICERS AND EMPLOYEES OF WHATCOM COUNTY ARE ENTITLED TO.,BE REIMBURSED FOR, PREAU.THORIZED USE.OF PERSONAL, AU.TOMOBILE,S OR OTHHER, TRANSPORTATION EQUIPMEN1 IN CONNECTION WITH OR IN T.H,E..COURSE Q' THEIR OFFICIALLY ASSIGNED DUTIES OR OTHER APPROVED TRAVEL 1.3 FIXED AT NINETEEN CENTS PER MILE OR A FLAT MONTHLY RATE IF ...THE COST IS LESS THAN PROVIDING A PUBLIC VEHICLE.IN ACCORDAN.CE.WITH RCW 42.24 Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. WARNER MOVED TO AMEND THE ORDINANCE BY ADDING ON PAGE 2 LINE 7 THE WORDS "AS SET BY THE COUNTY EXECUTIVE" SO THAT SECTION WOULD READ " . . . OR A FLAT MONTHLY RATE AS SET AY .THE COUNTX EXECUTIVE IF THE COST IS LESS THAN PROVIDING A PUBLIC VEHICLE The motion carried. WARNER MOVED TO AMEND THE ORDINANCE BY CHANGING THE MILEAGE RATE FROM NINETEEN CENTS PER MILE TO TWENTY -ONE CENTS PER MILE. The motion carried 4 -3 (show of hands). There was discussion about whether the ordinance would increase the County's liability exposure by allowing greater opportunities for employees to combine County business and personal activities. Council Attorney Randy Watts stated that he did not believe the ordinance would affect the County's exposure to liability. The main motion as amended carried 6 -1 (Hansey). ORDNANCE AMENDING WHATCOM COUNTY CODE SECTION 2,09,03O0 THE DUTIES OF THE PUBLIC DEFENDER Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. ROEHL MOVED TO AMEND THE ORDINANCE BY ADDING A NEW PARAGRAPH TO READ: "BE IT FURTHER ORDAINED THAT WHATCOM COUNTY WILL BEAR NO OTHER OR FURTHER COSTS DIRECTLY RELATED OR ASSOCIATED WITH DEPENDENCY PROCEEDINGS FILED AFTER FEBRUARY 1, 1988 INCLUDING, BUT NOT LIMITED TO, THE COSTS OF COURT- APPOINTED GUARDIANS AD LITEM, AND FURTHER THAT WHATCOM COUNTY WILL SEEK REIMBURSEMENT FROM THE STATE OF WASHINGTON FOR THOSE COSTS WHICH WHATCOM COUNTY HAS OR WILL INCUR." January 21, 1988 Page 6 There was discussion about the effect of the ordinance and about the motion to amend. The motion to amend carried. ROEHL MOVED TO AMEND THE ORDINANCE BY CHANGING THE FIRST LINE OF THE ORDINANCE TO READ "WHEREAS, THE WASHINGTON STATE LAW CREATES THE RIGHT . 11 RATHER THAN WASHINGTON STATE STATUTE, AND TO CHANGE THE TERM "DEPENDENCIES" TO "DEPENDENCY PROCEEDINGS." The motion to amend carried. HANSEY MOVED TO ADD TO THE ORDINANCE THE STANDARD SEVERABILITY CLAUSE STATING THAT IF ANY PART OF THE ORDINANCE WERE DETERMINED TO BE ILLEGAL THE REMAINDER WOULD NOT BE INVALIDATED. The motion carried. The main motion as amended carried 6 -1 (Jackson). ROEHL MOVED TO REQUEST THE ADMINISTRATION TO FILE A DECLARATORY JUDGEMENT ACTION SEEKING CLARIFICATION FROM THE COURTS ON THE POINTS RAISED BY THE ORDINANCE. There was discussion on the motion. The motion carried. HER BUSIN RECEIPT OF LETTER OF RESIGNATION FROM ROBERT.-N. MOORE, COUNCIL APPOINTEE TO LAKE WHATCOM WATERSHED ADVISORY COMMITTED Receipt of the letter was acknowledged by the Council. There was discussion about the work in progress on the directives contained in the resolution accepting the Lake Whatcom Watershed Management Plan. RECEIPT OF OPEN SPACE APPLICATIONS FROM NORTH CASCADES AUDUBON SOCIETY; ROBERT AND SANDRA KOIVISTO;`JOSEPH ROZITSKI; WARREN HAINES; AND THOMAS.AND MARSHA LYON The applications were received by consent and referred to the Planning Commission. January 21, 1988 Page 7 COMMITTEE OF THE WHOLE MEETING The Executive requested a meeting to discuss siting of a new landfill, and a Committee of the Whole meeting was scheduled for January 28 at 7:00 p.m. INTRODUCIION OF RESOLUTIONS AND ORDINANCES RESOLUTION AMENDING RESOLUTION 87 -58, THE EXEMPT SALARY RESOLUTION. TO RECLASSIF.Y A.POS.ITION IN THE CLERK'S.QFFICE AND COMBINE THE CLERK'S POSITION WITH ASSISTANT TO THE COURT Warner reported that the Finance Committee recommended approval of the resolution. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried. RESOLUTION AUTHORIZING THE ADDITION OF A NEW POSITION IN THE OFFICE OF THE CLERK AND A PART -TIME POSITION IN THE SUPERIOR COURT ASSIGNED COUNSEL OFFICE Warner reported that the Finance Committee recommended approval of the resolution. WARNER MOVED TO APPROVE THE RESOLUTION. The motion carried. ORDINANCE AMENDING ORDINANCE 87 -79 IN ORDER TO PROVIDE FOR COUNT COUNCIL REPRESENTATIVES ON THE ALCOHOL /SUBSTANCE. ABUSE ADMINISTRATIVE BOARD AND MENTAL HEALTH ADVISORY BOARD The ordinance was introduced by consent and referred to the Finance Committee. ORDINANCE ESTABLISHING A CIVIL INFRACTION PROCEDURE ORDINANCE AMENDING k1HATCOM CQUNTY CODE PROVISIONS MAKINQ THE VIOLATION OF SAID PROVISIONS AN INFRACTION ORDINANCE CREATING ENFORCEMENT PROCEDURES FOR FAILING TO RESPOND OR SIGN AN INFRACTION The ordinances were introduced by consent, to be scheduled for hearings and referred to the Finance Committee. January 21, 1988 Page 8 OTHER ITEMS FROM COUNCIL MEMBERS REQUEST FROM BURTON FOR $35 REGISTRATION FEE FOR WASTE REDUCTION AND RECYCLING WORKSHOP, AND REQUEST FOR $427 EACH FROM BURTON AND JACKSON TO ATTEND COUNTY OFFICIALS TRAINING AND CERTIFICATION COURSE Warner reported that the Finance Committee recommended approval of the requests. WARNER MOVED TO APPROVE THE REQUESTS FOR FUNDS. The motion carried. The meeting was adjourned at 8:55 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Toro Burton, Chair ATTEST: &,,,W ��4wk- Carol Ebergs Clerk of the Council