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HomeMy WebLinkAboutCounty Council for December 20 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- December 20, 1984 The Whatcom County Council was called to order on Thursday, December 20, 1984 at 7:40 p.m. by Chairperson Cole with all members present except Johnson who arrived at 7:42 p.m. MINUTES The minutes from the following meetings were approved with no corrections or changes: Special Council meeting, November 27, 1984 Special Council meeting, November 28, 1984 Regular Council meeting, December 6, 1984 EXECUTIVE ITEMS Executive Van Zanten gave the background information on two bid awards. BECKER MOVED TO APPROVE THE FOLLOWING BID AWARDS: 1. Two tandem axle dump trucks recommended to the low bidder, Evergreen International, net bid of $123,500.50, including trade -in and sales tax. 2. Single axle dump truck chassis recommended to lowest responsive bidder meeting County specifications, Evergreen International, in the amount of $36,667.18. The motion carried. REQUEST FOR COUNCIL AUTHORIZATION FOR EXECUTIVE TO ENTER INTO CONTRACTS .Executive Van Zanten provided background information on the request to enter into a professional contract with Earth Enterprises in the amount of $39,360.00, plus reimbursable expenses of $6,810.00, for the study of the proposed ORV park development. BECKER MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO A PROFESSIONAL CONTRACT WITH EARTH ENTERPRISES IN THE AMOUNT OF $39,360.00, PLUS REIMBURSABLE EXPENSES OF $6,810.00, FOR STUDY OF PROPOSED ORV PARK DEVELOPMENT. Becker reported that the Finance Committee had reviewed this request and recommended approval. Council Minutes December 20, 1984 Page 2 The motion approving the request to enter into a professional contract with Earth Enterprises carried. CONTRACT FOR INDIGENT DEFENSE CONFLICT FOR JUVENILE GUARDIAN AD LITEM - BRENNAN AND CLARK Executive Van Zanten provided background information on the request to enter into a contract for Indigent Defense Conflict for Juvenile Guardian Ad Litem to Brennan and Clark. BECKER MOVED TO AUTHORIZE THE EXECUTIVE TO ENTER INTO A CONTRACT FOR INDIGENT DEFENSE CONFLICT FOR JUVENILE GUARDIAN AD LITEM TO BRENNAN AND CLARK. Becker reported that the Finance Committee recommended approval of this request. The motion carried. CONTRACT FOR INDIGENT DEFENSE CONFLICT FOR SUPERIOR AND DISTRICT COURT CONFLICTS TO BOBBINK AND SIMMERS Executive Van Zanten provided background information on the request to enter into a contract for Indigent Defense Conflict for Superior and District Court Conflicts to Bobbink and Simmers. She stated that the Public Defense Advisory Committee was currently in the process of reviewing the two proposals for this contract, and this will be brought back before the Council in January. PROPOSED RECYCLING STUDY CONTRACT (REQUEST FOR TWO MINOR MODIFICATIONS TO ORIGINAL CONTRACT) Executive Van Zanten stated that this item will be dealt with in conjunction with the Resolution authorizing the County Executive to enter into the contract for consulting services with Resource Conservation Service for solid waste recycling study. REPORT OF THE EXECUTIVE Executive Van Zanten distributed a memo to the Councilmembers dated December 19, 1984 outlining the supplemental budgets that have been passed in 1984, as well as the supplemental budgets on the agenda for this meeting. She stated that there would be an addition to the agenda this evening for a supplemental budget request for the Sheriff's Department in the amount of $2,090.00, and this should be added onto the memo. Council Minutes December 20, 1984 Page 3 HEARINGS ORDINANCE - COUNTY MAY CONTRACT WITH OWNERS OF REAL ESTATE FOR CONSTRUCTION OF IMPROVEMENTS The hearing was declared open in the matter of an ordinance in the matter of providing that the County may contract with owners of real estate for the construction of improvements of street or road projects which the owners elect to install as a result of ordinances that require projects as a prerequisite to further property development and partial reimbursement to the owner or owner's assigns for a period not to exceed 15 years of a portion of the cost of the project by other property owners. Being that no testimony was received, the hearing was closed. HAWLEY MOVED FOR FINAL ADOPTION OF AN ORDINANCE IN THE MATTER OF PROVIDING THAT THE COUNTY MAY CONTRACT WITH OWNERS OF REAL ESTATE FOR THE CONSTRUCTION OF IMPROVEMENTS OF STREET OR ROAD PROJECTS WHICH THE OWNERS ELECT TO INSTALL AS A RESULT OF ORDINANCES THAT REQUIRE PROJECTS AS A PREREQUISITE TO FURTHER PROPERTY DEVELOP- MENT AND PARTIAL REIMBURSEMENT TO THE OWNER OR OWNER'S ASSIGNS FOR A PERIOD NOT TO EXCEED 15 YEARS OF A PORTION OF THE COST OF THE PROJECT BY OTHER PROPERTY OWNERS. Hawley stated that the Public Services Committee had recom- mended approval of this ordinance. The motion carried. ORDINANCE - PLACING STOP AND YIELD SIGNS ON VARIOUS COUNTY ROADS The hearing was declared open in the matter of an ordinance regarding the matter of placing stop and yield signs on various County roads. Being that no testimony was received, the hearing was closed. Johnson reported an amendment to the ordinance that came out of the Law and Justice Committee, and that the ordinance before the Council reflected the amendment in item #2 of the ordinance: 112. Remove the existing yield sign southbound on Lakewood Lane and 4install..." JOHNSON MOVED FOR FINAL ADOPTION OF AN ORDINANCE REGARDING THE MATTER OF PLACING STOP AND YIELD SIGNS ON VARIOUS COUNTY ROADS. The motion carried (6 -0 -1, Hansey abstained). Council Minutes December 20, 1984 Page 4 ORDINANCE - ESTABLISHING SPEED LIMITS ON VARIOUS COUNTY ROADS The hearing was declared open in the matter of an ordinance regarding the matter of establishing speed limits on various County roads. Being that no testimony was received the hearing was closed. JOHNSON MOVED FOR FINAL ADOPTION OF AN ORDINANCE REGARDING THE MATTER OF ESTABLISHING SPEED LIMITS ON VARIOUS COUNTY ROADS. Johnson reported that the Law and Justice Committee recom- mended approval. The motion carried. OPEN SESSION Jeff McKay 4693 Sucia Drive Hugh Falk Sucia Drive FINAL CONSIDERATION Spoke in support of the Resolution in the matter of reaffirming the status of South Beach Way from Sucia Drive to the ocean water as a public roadway open for public use. Spoke in support of the elected officials of the County. RESOLUTION - AUTHORIZING COUNTY EXECUTIVE TO ENTER INTO CONTRACT FOR CONSULTING SERVICES WITH RESOURCE CONSERVATION SERVICE, SOLID WASTE RECYCLING STUDY BECKER MOVED FOR FINAL ADOPTION OF A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR CONSULTING SERVICES WITH RESOURCE CONSERVATION SERVICE FOR SOLID WASTE RECYCLING STUDY. Becker reported that the Finance had reviewed the two amendments as proposed in Bob Jurica's memo dated December 12, 19 84 . BECKER MOVED TO AMEND THE RESOLUTION BY MAKING THE FOLLOWING CHANGES IN THE EXHIBIT: 1. On paragraph 3 Time Schedule, the completion date for the study draft be extended to April 19, 1985 from March 31, 1985. This reflects the delay in getting Council authorization to proceed with the study. Council Minutes December 20, 1984 Page 5 2. On Exhibit "A ", Subtask 2.2 and 2.3, two minor elements are to be deleted. This includes the work under the last sentence of Subtask 2.2 and "yard waste" under Subtask 2.3. These result from the reduction of study hours made during negotiations but not cut when the final work scope was prepared. The motion to amend carried. HAWLEY MOVED TO AMEND THE RESOLUTION BY CHANGING THE AMOUNT ON PAGE 1, LINE 27 FROM $20,000.00 TO $5,000.00. The motion to amend failed. The resolution as amended carried. (5 -2, Johnson & Hawley). RESOLUTION - DIRECTING COUNTY EXECUTIVE TO PREPARE AN ORDINANCE, TRANSFERRING FIRE MARSHAL SERVICE FROM SHERIFF'S DEPARTMENT TO PUBLIC WORKS DEPARTMENT The meeting was recessed at 8:10 p.m. The meeting was reconvened at 8:15 p.m. INTRODUCE AND ADOPT JOHNSON MOVED TO /SUBSTITUTE THE DRAFT DATED DECEMBER 18, 1984 FOR FINAL CONSIDERATION. The motion carried (6 -1, Becker). JOHNSON MOVED TO AMEND WITH THE FOLLOWING: Line 21.5, Aarson Ffire I -investigator The motion to amend carried. Johnson spoke to the motion. Hawley spoke in support of the motion. Becker spoke against the motion. The resolution carried (6 -1 Becker). RESOLUTION - REAFFIRMING THE STATUS OF SOUTH BEACH WAY AS PUBLIC ROADWAY HANSEY MOVED FOR FINAL ADOPTION OF A RESOLUTION IN THE MATTER OF REAFFIRMING THE STATUS OF SOUTH BEACH WAY FROM SUCIA DRIVE TO THE OCEAN WATER AS A PUBLIC ROADWAY OPEN FOR PUBLIC USE. Johnson reported that the Law and Justice Committee had requested Randy Watts and Bob Tull get together in order to work on the language of the resolution. Mr. Watts stated that Hansey had received a copy of the proposed amendments to the resolution. Council Minutes December 20, 1984 Page 6 HANSEY MOVED TO AMEND WITH THE FOLLOWING: Line 9, after the word "whereas ", strike the word "the" and insert the word "a" At the far end of that same sentence, after the words "South Beach Way" strike "from Sucia Drive to the ocean water" Line 30.5, Section 2, change the wording of "roadway" to read "road right -of -way" Anywhere in the resolution where the language reads "roadway" change it to read "road right -of -way" Before the word "logs" strike the word "and "; after the word "logs" insert a comma and add the following: "obstructions and other improvements" The motion to amend carried. Hawley made a motion to amend. Following discussion on the Hawley amendments, the motion failed. Hansey spoke on the intent of the resolution as amended. The motion to adopt the resolution as amended carried. BECKER MOVED TO ADOPT THE FOLLOWING ORDINANCES: 1. Ordinance adopting a supplemental budget for the River Improvement Fund 1984 budget 2. Ordinance adopting a supplemental budget for Road Improvement District #1 (Birch Bay Lighting) 1984 budget 3. Ordinance revising the 1984 Current Expense Fund District Court Budget therein 4. Ordinance revising the 1984 Current Expense Fund Planning Department Budget therein 5. Ordinance revising the 1984 Current Expense Fund Non - Departmental Joint Communication Budget therein Becker reported that the Finance Committee recommended approval of these ordinances. Council Minutes December 20, 1984 Page 7 BECKER MOVED TO SUBSTITUTE ORDINANCE DATED 12 -18 -84 FOR THE DISTRICT COURT BUDGET ORDINANCE. Motion to substitute carried. The ordinances were adopted unanimously. ORDINANCE AMENDING WHATCOM COUNTY SEPA ORDINANCE ROEHL MOVED FOR FINAL ADOPTION OF AN ORDINANCE AMENDING THE WHATCOM COUNTY SEPA ORDINANCE ( WHATCOM COUNTY CODE CHAPTER 16.08). Roehl reported that the Planning and Development Committee had review this ordinance and recommended approval. The motion carried unanimously. OTHER BUSINESS PETITION FOR LOT LINE VACATION - REZNICEKS ROEHL MOVED TO APPROVE THE PETITION FOR LOT LINE VACATION BETWEEN LOTS 43 AND 44, BLOCK 3, DIVISION 7, PLAT OF PARADISE LAKES COUNTRY CLUB, FILED BY KAREL AND JAROSLAVA REZNICEK. Roehl reported that the Planning and Development Committee had recommended approval of this lot line vacation. The motion carried. RECOMMENDATION FROM PUBLIC SERVICES COMMITTEE REGARDING SOLDIERS AND SAILORS RELIEF FUND Hawley reported on the Public Services meeting regarding this issue and stated that the Committee recommended a policy statement be issued with regard to the degree of involvement the County will have. Roehl gave further background on the Committee's recommen- dations for how the funds should be handled in 1985. HAWLEY MOVED THAT WHATCOM COUNTY FOLLOW STATE LAW PERTAINING TO THE SOLDIERS AND SAILORS RELIEF FUND. Barney Hildebrand Spoke regarding a potential Ex- Prisoners of War County liability in this matter and the possibility of a levy in the future Council Minutes December 20, 1984 Page.8 Harold Maxwell 1421 Lakeway Disabled Veterans Spoke in support of the manner in which Snohomish County handles their Soldiers and Sailors Relief Fund; spoke against paid investigators. Roehl spoke in support of the Whatcom County veterans groups to consider something similar to Snohomish County's operation of the Soldiers and Sailors Relief Fund. Johnson also spoke in support. JOHNSON MOVED TO AMEND THE MOTION BY ADDING: "and that the Chairperson of the Public Services Committee send a letter to the Whatcom County veterans organizations encouraging them to study and look at the Snohomish plan for handling the Soldiers and Sailors Relief Fund." Roehl spoke in support of the motion. The motion to amend carried. The motion to follow state Law pertaining to the Soldiers and Sailors Relief Fund, as amended, carried. OPEN SPACE APPLICATIONS AND PETITION FOR LOT LINE VACATION HANSEY MOVED TO REFER THE FOLLOWING ITEMS AS NOTED BELOW: Open Space applications filed by M. Brandsrud, D. Clark, D. Smith, Bill Robins and Edward Johnson - refer to Planning Commission. Petition for lot line vacation between lots 29 and 30, Division 7, Plat of Paradise Lakes Country Club, filed by Marianne Evers - refer to Planning and Development Committee. The motion carried. NOMINATIONS FOR RATE REVIEW BOARD AND PLANNING COMMISSION Roehl nominated Jim Waters to the Rate Review Board. JOHNSON MOVED TO MAKE AN APPOINT14ENT TO THE RATE REVIEW BOARD AT THIS MEETING OF JIM WATERS TO THE RATE REVIEW BOARD. The motion to appoint Mr. Waters carried.. Johnson nominated Peggy Hinton to the Planning Commission. Nominations for the Planning Commission will be held over until the January 3, 1985 meeting. Council Minutes December 20, 1984 Page 9 INTRODUCTION OF ORDINANCES AND RESOLUTIONS RESOLUTION - APPROVING ISSUANCE OF REVENUE BONDS, INDUSTRIAL DEVELOPMENT CORPORATION OF THE PORT OF BELLINGHAM BECKER MOVED TO INTRODUCE AND ADOPT A RESOLUTION OF THE COUNTY COUNCIL OF WHATCOM COUNTY APPROVING THE ISSUANCE OF REVENUE BONDS OF THE INDUSTRIAL DEVELOPMENT CORPORATION OF THE PORT OF BELLINGHAM PURSUANT TO RCW 39.84.060. Becker reported that -the Finance Committee had recommended approval of the resolution. The motion carried. RESOLUTION IN THE MATTER OF AMENDING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE FIRST THREE MONTHS OF THE YEAR 1985 BECKER MOVED TO INTRODUCE AND ADOPT A RESOLUTION IN THE MATTER OF AMENDING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE FIRST THREE MONTHS OF THE YEAR 1985. BECKER MOVED TO SUBSTITUTE THE DRAFT DATED 12- 20 -84. Cole corrected a clerical error on page two, line 7 to read $3,538.00, Step 4 instead of $3534.00, Step 7. Motion to substitute carried, with the corrected clerical error on page two, line seven. The motion to adopt carried. EMERGENCY ORDINANCE - REVISED BUDGET. SUPERIOR COURT BECKER MOVED TO INTRODUCE AND ADOPT AN EMERGENCY ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 CURRENT EXPENSE FUND, SUPERIOR COURT BUDGET THEREIN. Becker reported that the Finance Committee had recommended approval of the emergency ordinance. The motion to adopt carried unanimously. EMERGENCY ORDINANCE - REVISED BUDGET. SHERIFF'S DEPARTMENT BECKER MOVED TO ADD TO THE AGENDA, INTRODUCE AND ADOPT AN EMERGENCY ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 CURRENT EXPENSE FUND, SHERIFF'S DEPARTMENT BUDGET THEREIN. Council Minutes December 20, 1984 Page 10 Becker reported that the Finance Committee recommended approval. Muenscher spoke in support of the motion. Cole spoke in support of the motion. The motion carried unanimously. RESOLUTION - AMENDING SALARY SCHEDULE FOR THE UNREPRE- SENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 1984 BECKER MOVED TO INTRODUCE AND ADOPT A RESOLUTION IN THE MATTER OF AMENDING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 1984. BECKER MOVED TO AMEND WITH THE FOLLOWING: Line 7.5 "of the Sheriff's Collective Bargaining Unit in 1984, but not necessarily in the future years, and; Motion to amend carried. The motion as amended carried. RESOLUTION - AMENDING SALARY SCHEDULE FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES, FIRST THREE MONTHS OF 1985 BECKER MOVED TO RECONSIDER THE RESOLUTION IN THE MATTER OF AMENDING A SALARY SCHEDULE FOR THE UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE FIRST THREE MONTHS OF THE YEAR 1985. Motion to reconsider carried. BECKER MOVED TO AMEND LINE 9 WITH THE FOLLOWING: "unit for the duration of this resolution, but not necessarily in the future." Motion to amend carried. The resolution, as amended, carried. REPORTS AND OTHER ITEMS OF CONCERN Roger DeSpain, Parks Director, reported on the 1985 Parks Budget, specifically the $40,000 put back into the budget for the Outdoor Program and how that money was going to be used. Council Minutes December 20, 1984 Page 11 Cole announced the birth of his daughter, Shanna Caitlin. Following wishes of "Merry Christmas ", the meeting was adjourned. ATTEST-: - o Carol bergson Clerk of the Co ncil WHATCOM COUNTY COUNCIL