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HomeMy WebLinkAboutCounty Council for July 25 1985WHATCOM COUNTY COUNCIL Minutes -- July 25, 1985 , The Whatcom County Council meeting was called to order at 7:30 p.m. by Chairman Roehl, with all members present except Cole. Chairman Roehl thanked the members of the Chuckanut Fire Department Fire District #6 for allowing the Council to use their fire hall for the Council meeting. MINUTES The minutes of the following meetings were approved as written: Committee of the Whole, 5/30, 6/12 and 7/2 Council meeting, 7/11 EXECUTIVE ITEMS BID AWARD RECOMMENDATION - TWO COPIERS FOR THE PROSECUTOR'S OFFICE, TO MICHAEL BUSINESS MACHINES Executive Van Zanten explained the background on the bid award recommendation for two copiers for the Prosecutor's office to the lowest responsive bidder, Michael Business Machines, at a total 36 -month lease /purchase cost of $9,105.63 per machine. Becker reported that the Finance Committee recommends approval of the bid award to Michael Business Machines. BECKER MOVED TO APPROVE THE BID AWARD FOR TWO COPIERS FOR THE PROSECUTOR'S OFFICE TO Till" LOWEST RESPONSIVE BIDDER, MICHAEL BUSINESS MACHINES, AT A TOTAL 36 -MONTH LEASE /PURCHASE COST OF $9,105.63 PER MACHINE. The motion carried. REQUEST FOR APPROVAL TO RECEIVE ANTICIPATED MONIES FROM THE STATE FOR CONTINUED FUNDING OF THE DWI IMPACT GRANT PROGRAM Executive Van Zanten explained the background on the request for approval to receive anticipated monies from the State for continued funding of the DWI Impact Grant Program. She distributed copies of the Emergency Ordinance and the regular ordinance related to this request. BECKER MOVED TO INTRODUCE AND ADOPT THE EMERGENCY ORDINANCE TO REVISE THE 1985 CURRENT EXPENSE FUND, PROSECUTING ATTORNEY BUDGET THEREIN AND TO INTRODUCE THE REGULAR ORDINANCE ENTITLED AN ORDINANCE TO REVISE THE 1985 CURRENT EXPENSE FUND, PROSECUTING ATTORNEY, DISTRICT COURT AND PUBLIC DEFENDER BUDGETS THEREIN. Whatcom County Council Minutes -- July 25, 1985 Page 2 Becker reported that the Finance Committee recommended approval of the Emergency Ordinance. Following discussion'on the emergency ordinance, motion to adopt the emergency ordinance to revise the 1985 Current Expense Fund, Prosecuting Attorney budget therein carried unanimously,,and the regular ordinance was introduced. NEW LIQUOR LICENSE APPLICATION FILED BY JOHN E. SHOCKLEY, FOIL BIRCH BAY STORE, 841 _IM130RVIEF DQAD, BLAIIVE Executive Van Zanten explained the background on the new liquor license application filed by John E. Shockley, 340 N.E. 131st, Bellevue, for a Class E,F license for the Birch Bay Store, 8418 Harborview Road, Blaine, Washington. MUENSCHER MOVED TO APPROVE THE APPLICATION FOR A CLASS E,F LIQUOR LICENSE FILED BY JOHN E. SHOCKLEY, 340 N.E. 131ST, BELLEVUE, FOR THE BIRCH BAY STORE, 8418 HARBORVIEW ROAD, BLAINE, WASHINGTON. The motion carried. SECOND QUARTER FINANCIAL REPORT Executive Van Zanten distributed copies of the second quarter financial report and highlighted various aspects of the report (see copy attached). REPORT _0 _THHS_EXECUTIVE Executive Van Zanten reported on the Nor -Bell facility and the study committee to review how the County should proceed with the operation of the facility. She requested that two Council members be appointed to serve on the Committee. Chairman Roehl stated that Councilmembers Johnson and Muenscher had indicated that they would be interested in serving on the Committee. HEARING APPEAL FILED BY BERT SCHRADER OF ASSESSOR'S DENIAL OF AN OPEN SPACE APPLICATION FOR AGRICULTURAL CLAS IFIC ATION Chairman Roehl explained the procedure that would be followed in hearing this appeal and asked Vic Battson, County Assessor, to brief the Council on the standards involved in this hearing. Vic Battson explained the standards involved in this case. Whatcom County Council Minutes -- July 25, 1985 Page 3 Chairman Roehl opened the public hearing in the matter of the appeal filed by Bert Schrader of the Assessor's denial of an open space application for agricultural classification. Bert Schrader explained the reasons why he appealed the Asses- sor's denial of his open space application and spoke in support of approving his appeal. Following discussion between Councilmembers and Mr. Schrader, Vic Battson explained the reasoning behind the denial of the petition. There was further discussion on the appeal. HAWLEY MOVED TO APPROVE MR. SCHRADER'S APPEAL OF THE ASSESSOR'S DENIAL OF AN OPEN SPACE APPLICATION FOR AGRICULTURAL CLASSIFICATION. Hawley spoke to the motion. Becker spoke against the motion. There was further discussion between Councilmembers and Bert Schrader. Chairman Roehl closed the public hearing and spoke against the motion. Muenscher spoke in support of the motion. Chairman Roehl stated that he would support the motion. The motion to uphold the appeal filed by Bert Schrader of the Assessor's denial of an open space application for agricultural classification carried. OPEN SESSION Harold Alstead Spoke on the number of regulations which the Building and Codes Admin- istration must follow, and spoke in support of working toward lessening the burden the regulations place on the people. There was discussion between Councilmembers and Mr. Alstead. There was no one else present to speak at Open Session. The meeting was recessed at 8 :45 p.m. The meeting reconvened at 8:55 p.m. Whatcom County Council Minutes -- July 25, 1965 Page 4 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE TEMPORARILY AMENDING WHAT QM COUNTY INTERIM Z NING ORDINANCE, W.C.0 2.24, AND _TLiE OFFICIAL WH TTCOM COUNTY ZONING ORDINANCE, TITLE 20.Yi1_,f.C., TO ALLOW TEMPORARY LF_ULLM_BBR CFAST ESTABLISHMENTS Muerischer reported on the background of the ordinance and stated that the Planning and Development Committee had reviewed the ordinance and recommended amending it back to the original language. MUENSCHER MOVED FOR FINAL, ADOPTION OF THE ORDINANCE TEMPORARILY AMENDING THE'WHATCOM COUNTY INTERIM ZONING ORDINANCE, CHAP'T'ER 2.24 OF THE WHATCOM COUNTY CODE AND THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20 W.C.C., TO ALLOW TEMPORARY BED AND BREAKFAST ESTABLISHMENTS IN SPECIFIED ZONE DISTRICTS AS A PERMITTED USE SUBJECT TO ADMINISTRATIVE APPROVAL ONLY DURING THE PERIOD FROM APRIL 1, 1966 THROUGH NOVEMBER 30, 1986, AS ORIGINALLY SUBMITTED 7'0 THE COUNCIL. Johnson spoke against the motion. Becker questioned the procedure by which the ordinance was amended. Chairman Roehl explained that the motion was to bring the original ordinance back before the Council. There was discussion on the original ordinance. BECKER MOVED TO AMEND THE ORIGINAL ORDINANCE BACK TO THE WAY IT WAS AMENDED AT THE LAST COUNCIL MEETING, AND WHEREVER APPROPRIATE IN THE ORDINANCE, TO CREATE A ONE -STOP APPROVAL AUTHORITY AND HAVE THE DIRECTOR OF BUILDING AND CODES BE THE PERSON MAKING THE APPROVAL (THE SAME SPECIFIC LANGUAGE AS IT WAS ORIGINALLY AMENDED). Chairman Roehl read the Exhibit as it now stands, and then restated Becker's motion to amend. Chairman Roehl spoke against the motion to amend. The motion to amend failed. The main motion to adopt the ordinance in its original language carried. M f Whatcom County Council Minutes -- July 25, 1985 Page 5 ORDINANCE TO REVISE THE 1985 MENTAL HEALTH FUND BUDGET Becker reported that the Finance Committee had reviewed the ordinance and recommended approval. BECKER MOVED TO ADOPT THE ORDINANCE TO REVISE THE 1985 MENTAL HEALTH FUND BUDGET. Becker explained the ordinance further. The motion to adopt the ordinance carried. ORDINANCE REPEALING SECTION 5.36_OF_THE WHATCOM COUNTY CODE Becker reported that this ordinance had been held in committee. OTHER BUSINESS CONbSIDERATION OF T_ HE VACATI B_QF LOWS VEENUE FILED BY DONALD GRIFFIN Chairman Roehl explained the background on the request for the vacation of Lowe Avenue filed by Donald Griffin. MUENSCHER MOVED TO APPROVE THE VACATION OF LOWE AVENUE FILED BY DONALD GRIFFIN SUBJECT TO THE RETENTION OF A 20 -FOOT EASEMENT, WITH THE FAIR MARKET VALUE OF THE PROPERTY TO BE VACATED SET AT $4,000.00.. Johnson spoke in support of lowering the fair market value to $2,500.00. Chairman Roehl spoke in support of lowering the fair market value to $2,500.00. JOHNSON MOVED TO AMEND THE MOTION BY CHANGING THE FIGURE FOR THE FAIR MARKET VALUE FROM $4,000.00 TO $2,500.00. The motion to amend carried. The main motion to approve the vacation of Lowe Avenue, as amended, carried. DISCUSSION OF LAKE SAMISH TV CABLE RATE INCREASE Chairman Roehl explained the background on the request of Lake Samish TV Cable for a rate increase. Following discussion on the rate review process, Chairman Roehl stated that he would contact the Rate Review Board members and set up a meeting to discuss the rate review process with them. He also stated that due to the lapse of time, Whatcom County Council Minutes -- July 25, 1985 Page 6 there would be no action taken by the Council on Lake Samish TV Cable's rate increase request, and that the rate increase would be allowed to go into effect. PETITION TO VACATE LOT LINE BETWEEN LOTS 33 AND 34, DIVISION 27, PLAT OF _SUDDEN VALLEYS FINED BY MR. AND MRS. MURRAY PHILLEY Chairman Roehl stated that the petition to vacate the lot line between lots 33 and 34, Division 27, in the Plat of Sudden Valley, filed by Mr. and Mrs. Murray Philley, would be scheduled for public hearing and referred to the Planning and Development Committee. ALCOHOL CONTRACTS HAWLEY MOVED TO RENEW AND REVIEW THE CONSIDERATION OF AWARDING THE ALCOHOL CONTRACTS. Chairman Roehl restated the motion. HAWLEY MOVED TO AWARD THE CON'T'RACT FOR INTENSIVE OUTPATIENT TREATMENT IN THE AMOUNT OF $96,983.00 TO HUMAN SERVICES ASSOCIATES. Chairman Roehl restated the motion. Executive Van Zanten requested that an exact dollar figure not be specified at this time, due to the fact that the amount of money the County received from the State was less than originally anticipated. Chairman Roehl spoke against the motion as it is presently worded, but that he could support the motion if it was contingent upon the receipt of a signed collateral agreement and a signed release of federal taxes. Muenscher spoke in support of making the award of the contract contingent upon final approval that the IRS lien has been satisfied. Johnson spoke in support of having a time limit placed. Hawley stated that he would like to change his motion to take into account a time limit of 30 days, contingent upon the receipt of a signed collateral agreement and a bond in the amount of $25,000.00 and that the Executive figure out the exact dollar amount. If.after 30 trays these conditions have not been satisfied, then the Executive would continue with a new RFP. Muenscher spoke in support of Hawley's motion. BECKER MOVED TO DEFER THIS ITEM TO THE NEXT REGULAR COUNCIL MEETING. Whatcom County Council Minutes -- July 25, 1985 Page 7 Becker spoke to the motion to defer. Chairman Roehl restated I-Iawley's motion. Chairman Roehl restated Becker's motion. Muenscher spoke against Becker's motion to defer. Chairman Roehl restated Hawley's motion, to read as follows: "The motion is to award the contract to Human Services for low- income, intensive outpatient alcohol services, if within 30 days a signed collateral agreement and bond in the amount of $25;000 for retirement of the IRS tax lien, is advanced to the Administration, and that the Administration would contact the Chairman of the Council." Hansey asked about the status of the RFP process and what the effect of this motion would be on that process. Executive Van Zanten explained the status. p.m. There was further discussion on the alcohol contracts. The meeting was recessed at 9:45 p.m. and reconvened at 9:50 Becker withdrew her motion to defer. JOHNSON MOVED TO AMEND HAWLEY'S MOTION BY CHANGING THE TIME PERIOD FROM 30 DAYS TO 2 WEEKS. There was discussion on Johnson's motion to amend. Becker asked if Hawley's motion also included receipt of a statement that the state and local taxes have also been satisfied. Hawley replied that it did include state and local taxes also. BECKER MOVED TO AMEND HAWLEY'S MOTION TO LIMIT THE TIME FRAME TO ONE WEEK. Johnson withdrew his motion to amend and spoke in support of Becker's motion to amend. Hawley spoke against Becker's motion to amend and spoke in support of two weeks instead of one week. Becker's motion to amend Hawley's motion carried._ Whatcom County Council Minutes -- July 25, 1985 Page 8 There was further discussion on the motion. Chairman Roehl restated the motion as amended. The motion to award the alcohol contract for intensive outpatient alcohol treatment services to Human Services Associates, subject to receipt by the Executive within one week of a signed collateral agreement, bond in the amount of $25,000 for release of the IRS tax lien, and statements that State and local taxes have been paid, carried. INTRODUCTION OF RESOLUTIONS AND Chairman Roehl stated that the following ordinances would be added to the agenda for introduction: 6. AN ORDINANCE AMENDING ORDINANCE NO. 84 -94, AN ORDINANCE AMENDING CHAPTER 3.04 OF THE WHATCOM COUNTY CODE TO AUTHORIZE THE COUNTY E;XECU`.PIVE TO DELEGATE SIGNATURE AUTHORITY (refer to Finance) 7. AN ORDINANCE AMENDING ORDINANCE NO. 79 -42, WHICH IS CODIFIED IN WHATCOM COUNTY CODE 3.12 TO ESTABLISH NEW PROCEDURES FOR PROCESSING CLAIMS, AND FURTHER REPEALING RESOLUTION 80 -72 AS CODIFIED AT 3.12.015 OF THE WHATCOM COUNTY CODE (refer to Finance) 8. AN ORDINANCE ESTABLISHING A WEIGHT RES`1'RIC`I'ION ON BLAINE ROAD BRIDGE NO. 83 (refer to Public Services, schedule public hearing) 9. A RESOLUTION ESTABLISHING WHATCOM COUNTY BUDGET POLICY FOR 1986 (refer to Committee of the Whole) RESOLUTION ADOPTING REVISED DEFERRED COMPENSATION PLAN FOR WHATCOM COUNTY EMPLOYEE BECKER MOVED TO INTRODUCE AND ADOPT P, RESOLUTION ADOPTING THE REVISED DEFERRED COMPENSATION PLAN FOR WHATCOM COUNTY EMPLOYEES. Becker reported that the Finance Committee recommended approval of the Resolution. The motion carried. Whatcom County Council Minutes -- July 25, 1985 Page 9 RESOLUTION RELATING TO SOLID WASTE DISPOSAL AND RESCINDING RES. 83 -36 , MUENSCHER MOVED TO INTRODUCE AND ADOPT A RESOLUTION RELATING TO SOLID WASTE DISPOSAL AND RESCINDING RESOLUTION NO. 83 -36, A RESOLUTION DECLARING WHATCOM COUNTY'S INTENT TO COOPERATE WITH THE CITY OF BELLINGHAM AND REQUESTING THE WASHINGTON STATE DEPARTMENT OF ECOLOGY TO APPROVE THE CITY OF BELLINGHAM AS LEAD AGENCY FOR MATCHING STATE FUNDING FOR SOLID WASTE FACILITIES. Muenscher spoke to the motion. Executive Van Zanten explained the resolution further. Following discussion on the resolution, the motion to adopt the resolution carried. The following ordinances were introduced by consent and referred as noted below: 3. AN ORDINANCE ESTABLISHING A REVOLVING FUND FOR THE WHATCOM COUNTY AUDITOR'S OFFICE (refer to Finance) 4. AN ORDINANCE REVISING THE 1985 CURRENT EXPENSE FUND, PURCHAS- ING DEPARTMENT BUDGET THEREIN (refer to Finance) 5. AN ORDINANCE OF THE COUNCIL OF WHATCOM COUNTY, WASHINGTON, RATIFYING CREATION OF A ROAD IMPROVEMENT DISTRICT NO. 6 FUND, AUTHORIZING THE ISSUANCE OF BONDS OF ROAD IMPROVEMENT DISTRICT NO. 6 IN THE PRINCIPAL SUM OF $32,855.71 AND PROVIDING FOR THE SALE THEREOF (refer to Finance) 6. AN ORDINANCE AMENDING ORDINANCE NO. 84 -94, AN ORDINANCE AMENDING CHAPTER 3.04 OF THE WHATCOM COUNTY CODE TO AUTHORIZE THE COUNTY EXECUTIVE TO DELEGATE SIGNATURE AUTHORITY (refer to Finance) 7. AN ORDINANCE AMENDING ORDINANCE NO. 79 -42, WHICH IS CODIFIED IN WHATCOM COUNTY CODE 3.12 TO ESTABLISH NEW PROCEDURES FOR PROCESSING CLAIMS, AND FURTHER REPEALING RESOLUTION 80 -72 AS CODIFIED AT 3.12.015 OF THE WHATCOM COUNTY CODE (refer to Finance) 8. AN ORDINANCE ESTABLISHING A WEIGHT RESTRICTION ON BLAINE ROAD BRIDGE NO. 83 (refer to Public Services, schedule public hearing) BECKER INTRODUCED A RESOLUTION ESTABLISHING WHATCOM COUNTY BUDGET POLICY FOR 1986. Whatcom County Council Minutes -- July 25, 1985 Page 10 Becker spoke to the motion and spoke in support of referring the resolution to a Committee of the Whole meeting for discussion. REPORTS AND OTHER ITEMS OF CONCERN FROM C UNCILMEMBERS Becker stated that she would be resigning from the Whatcom Transportation Authority Board. Hansey was appointed to replace Becker. The meeting was adjourned at 10:20 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON r William P. Roehl Chairman ATTEST: Carol Ebergson Clerk of the Council