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HomeMy WebLinkAboutCounty Council for May 3 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- May 3, 1984 The Whatcom Council was called to order on Thursday, May 3, 1984 at 7:40 p.m. by Chairperson Cole with all members present /except Johnson. /MINUTES The minutes of the Special Council Meetings of 4/12/84 and 4/19/84 and the Council meeting of 4/19/84 were approved as written. EXECUTIVE ITEMS Executive Shirley Van Zanten requested authorization of two over limit transfers. The Executive explained that the transfers are necessary for the completion of the new public safety building. The transfers are as follows: '/"'1. Overlimit transfer in the 1984 Jail Construction Fund in the amount of $99,277• V21. Overlimit transfer in the 1984 Federal Shared Revenue Fund in the amount of $199,083. Executive Van Zanten referred to a memorandum from Paul Rushing, Director of Public Works, dated 5 -2 -84, which explains the need for the transfer. Becker reported the Finance Committee recommended approval of the two transfers. BECKER MOVED TO AUTHORIZE THE PROPOSED TRANSFERS TO INSURE THAT THERE IS ADEQUATE MONEY TO COMPLETE THE PUBLIC SAFETY BUILDING. Hansey questioned if the Finance Committee reviewed the changes as presented in Paul Rushing's, Director of Public Works, memorandum of 5/2/84. Becker and Muenscher explained that the changes were discussed in the Finance Committee. Hawley questioned the decrease in Miscellaneous Improvements from $37,583 to $16,500. Hansey questioned the increase in the amount for the demolition of the Ashe Building from $22,000 to $31,000. Mr. Rushing spoke to the concerns brought up by Hawley and Hansey. Motion to authorize approval of the two transfers carried. ,/ 10% SURCHARGE FOR WSAC Executive Van Zanten requested authorization to pay a 10% surcharge on dues to the Washington State Association of Counties to assist King County in meeting its obligations as the host county for the 1984 NACO conference. Whatcom County's 10% surcharge would amount to $1,414. Council Minutes May 3, 1984 Page 2 Becker reported the Finance Committee recommended approval of the expenditure. Cole spoke in favor of the expenditure. BECKER MOVED TO REQUEST EXECUTIVE VAN ZANTEN TO DRAW UP AND PRESENT A BUDGET ORDINANCE APPROPRIATING THE $1,414 ADDITIONAL TO THE WSAC. Moiton carried. HEARINGS ✓PETITION FOR LOT LINE VACATION FILED MARTIN Hearing was declared open in the matter of a petition, filed by Robert G. Martin, to vacate the lot line between Lots 5 and 6, Division 6, Sudden Valley. — Being that no testimony was received, the hearing was closed. Roehl reported the Planning and Development Committee and the Bureau of Buildings and Code Administration recommended approval of vacation of lot line. ROEHL MOVED TO APPROVE THE LOT LINE VACATION. Motion carried. ,/ PETITION FOR LOT LINE VACATION FILED BY ADRIAN Hearing was declared open in the matter of a petition, filed by Merle and Deborah Adrian, to vacate the lot line between Lots 113 and Lots 114, Division 8, Sudden Valley. Mr. Drache Asked why he was notified of the Sudden Valley hearing. Being that no further testimony was received, the hearing was closed. Roehl reported that the Planning and Development Committee and the Bureau of Buildings and Code Administration recommended approval of the petition. ROEHL MOVED TO APPROVE THE LOT LINE VACATION OF THE LOT LINE BETWEEN LOTS 113 AND 114, DIVISION 8, SUDDEN VALLEY. Motion carried. J PETITION FOR LOT LINE VACATION FILED BY COOPER Hearing was declared open in the matter of a petition, filed by Donald and Jeannie Cooper, to vacate the lot line between Lots 48 and 49, Division 4, Sandy Point Shores. .. i2l4 Council Minutes May 3, 1984 Page 3 Mark Asmundson Explained the purpose of the Attorney for the Petitioners petition. Being that no further testimony was received, the hearing was closed. Roehl reported the Planning and Development Committee and the Bureau of Buildings and Code Administration recommended approval. ROEHL MOVED TO APPROVE THE PETITION FOR A LOT LINE VACATION. Motion carried. ORDINANCE - AUTHORIZING A BUDGET FOR ALCOHOL SERVICES Hearing was declared open in the matter of an ORDINANCE AUTHORIZING A BUDGET FOR THE 1984 DEPARTMENT OF ALCOHOL SERVICES. Being that no testimony was received, the hearing was closed. BECKER MOVED TO APPROVE THE ORDINANCE AUTHORIZING A BUDGET FOR THE 1984 DEPARTMENT OF ALCOHOL SERVICES. Becker reported the Finance Committee recommended approval. Chairperson Cole clarified that the ordinance that is before the Council is a substitute draft. Motion carried unanimously. ,,-ORDINANCE - IMPLEMENTING THE COUNTY SERVICES ACT Hearing was declared open in the matter of AN ORDINANCE RELATING TO THE IMPLEMENTING OF THE COUNTY SERVICES ACT AS PROVIDED FOR IN WHATCOM COUNTY COMPREHENSIVE SEWER AND WATER PLAN, JUNE 1969, AND RCW CHAPTER 36.94 AND WHATCOM COUNTY RESOLUTION CREATING THE DEPARTMENT OF PUBLIC WORKS ADOPTED THE 20TH DAY OF SEPTEMBER 1978, AND REGULATING THE USE OF COUNTY -OWNED WATER SYSTEM AND PROVIDING FOR THE SALE OF WATER, FIXING THE PRICE THEREOF, PROVIDING A METHOD OF COLLECTING CHARGES THEREFORE, PROVIDING PENALTIES FOR VIOLATIONS. Two letters from Ronald Peterson, City Manager of Ferndale, dated 4/20/84 and 5/2/84 were received for the record. Being that no testimony was received, the hearing was closed. Roehl reported that this ordinance is being held in the Planning and Development Committee. Council Minutes May 3, 1984 Page 4 FINAL CONSIDERATION OF ORDINANCES /ORDINANCE AMENDING ORDINANCE NO. 80 -57 BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NO. 80 -57 (PUBLIC OFFICIAL BONDS) FOR THE PURPOSE OF ESTABLSHING THE BONDING OF THE POSITION OF FINANCE DIRECTOR. Becker reported the Finance Committee recommended approval. Motion carried unanimously. Hawley spoke, for the record, that although he voted against the position for Finance Director, he voted in favor of the bonding for that position. Muenscher spoke in favor of conducting a study to compare the amount of premiums paid to the amount of liability coverage received. Becker spoke in support of Muenscher's statements. Chairperson Cole requested that the Finance Director, Tom Sutberry, work with the Prosecuting Attorney's office regarding this issue and report to the Finance Committee. ORDINANCE - REVISED BUDGET TO COUNTY COUNCIL BUDGET BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 CURRENT EXPENSE FUND COUNTY COUNCIL BUDGET THEREIN. Becker reported the Finance Committee recommended approval of the ordinance. Motion carried unanimously. ,'ORDINANCE - REVISED BUDGET TO PROSECUTING ATTORNEY Becker reported that the ordinance comes to the Council with a split recommendation on a few items. Becker referred to a memorandum from Cole, dated 4- 30 -84, which questions several of the expenditures. Muenscher, reported Becker, was in favor of the revised budget as written. BECKER MOVED FOR FINAL PASSAGE OF AN ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 CURRENT EXPENSE FUND PROSECUTING ATTORNEY BUDGET. BECKER FURTHER MOVED AN AMENDMENT TO ELIMINATE THE $3,000 IN OPERATING SUPPLIES UNDER EXPENDITURES. Hansey spoke regarding the motion in that the Current Expense Fund line item should be reduced by $3,000. Council Minutes May 3, 1984 Page 5 Becker re- stated the motion as MOVE TO STRIKE THE EXPENDITURE OF $3,000 UNDER OPERATING SUPPLIES AND THAT THE CURRENT EXPENSE FUND BALANCE BE REDUCED BY $3,000 UNDER REVENUE AND THAT THE OTHER TOTALS BE ADJUSTED ACCORDINGLY. Tom Sutberry, Finance Director, explained that the reduction of Current Expense Fund balance by $3,000 would not be the proper way to proceed and stated that the Cash Seizure in Illegal Operations line item amount should be eliminated instead. BECKER RE- STATED HER AMENDMENT AS TO STRIKE BOTH THE $3,000 REVENUE ITEM AND THE $3,000 EXPENSE ITEM. THE CHAIR RE- STATED THE AMENDMENT AS TO STRIKE $3,000 REVENUE LINE ITEM ON LINE 19 AND TO STRIKE THE $3,000 OPERATING SUPPLIES ITEM ON LINE 25 1/2. Motion to amend carried. Becker proposed an amendment regarding the expenditure of $1,934 for the purchase of annotated copies of the Revised Code of Washington (RCW), as follows: "MOVE TO AMEND THE BUDGET BY REMOVING $1,934 FROM THE MACHINE AND EQUIPMENT LINE ITEM ON LINE 30." Hansey questioned whether a soft -back copy of the RCW's could be purchased instead of an annotated copy. At this time, Chairperson Cole turned the chairmanship over to Hansey. COLE MOVED TO AMEND THE BECKER AMENDMENT TO STRIKE AN ADDITIONAL $375 FOR THE PURCHASE OF TWO ATTACHE RECORDERS AND BRING THE TOTAL AMOUNT STRIKEN FROM EQUIPMENT AND RENTAL TO $2,039. Cole spoke regarding the motion. Becker reported that that item was not discussed in the Finance Committee. Muenscher spoke in support of the purchase of the two recorders. Mr. McEachran spoke regarding the need for the new recorders. Cole withdrew his motion. Council Minutes May 3, 1984 Page 6 THE CHAIR RESTATED THAT THE MOTION BEFORE THE COUNCIL IS TO STRIKE $1934 FROM THE MACHINE AND EQUIPMENT LINE ITEM. Motion to amend carried. Hansey stated the amount of $3,967 shown for Industrial Insurance and Medical Aid is proportionately too high. McEachran, Prosecuting Attorney, agreed that the total appears to be too high. HANSEY MOVED TO DIRECT THE CHAIR TO ADJUST THE INDUSTRIAL INSURANCE AND MEDICAL AID FIGURE AND TO BALANCE THE VARIOUS TOTALS ACCORDINGLY. Motion carried. Hansey spoke regarding the maintenance contract for the Savin copier. Mr. McEachran spoke regarding the maintenance contract. HANSEY MOVED TO DELETE THE RENEWAL OF THE CONTRACT AT $1,950 AND DELETE THE AMOUNT OF $1,370 FROM THE REPAIRS AND MAINTENANCE LINE ITEM AND DIRECT THE ADMINISTRATION NOT TO RENEW THE CONTRACT. Becker and Roehl spoke regarding the motion. Hansey withdrew his motion. Chairperson Cole restated the motion before the Council as BEING TO GIVE FINAL PASSAGE TO AN ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 CURRENT EXPENSE FUND PROSECUTING ATTORNEY BUDGET HAS BEEN MOVED FOR FI-NAL ADOPTION, AS AMENDED. Motion carried 5 -1 (Hawley). , - ORDINANCE - FRANCHISE TO SUNDAY HARBOR COMMUNITY COUNCIL HAWLEY MOVED FOR FINAL ADOPTION OF AN ORDINANCE IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE TO SUNDAY HARBOR COMMUNITY COUNCIL FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW, AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER PIPELINES IN AND ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY. Hawley reported the Public Services Committe reommended approval of the ordinance. Motion carried unanimously. OTHER BUSINESS ✓'PETITION TO VACATE FOURTH STREET, CUSTER - FILED BY CHUCK SWIFT Roehl reported that the issues brought up involving this issue at the April 19th public hearing were resolved at the Planning and Development Committee of April 24, 1984, and that correspondence incorporating the restrictions and conditions proposed at the Planning and Development Committee was expected from Bruce Disend, Deputy Prosecuting Attorney. e Council Minutes May 3, 1984 Page 7 However, that correspondence has not been received as of this date. Roehl stated that when the correspondence is received from Mr. Disend, it will be sent to the residents who attended the April 24th Planning and Development Committee. VSHORELINE SUBSTANTIAL DEVELOPMENT PERMIT NO. 5 -76 A review was held regarding consideration of a request for an extension of Shoreline Substantial Development Permit No. 5 -76 for a period of one year for Beachwood Park, filed by Ray Weden by letter, dated March 16, 1984. Roehl reported the Planning and Development Committee recommended approval of granting a one year extension. ROEHL MOVED TO APPROVE THE REQUEST FOR A ONE YEAR EXTENSION. Motion carried. .'VACANCIES ON THE BOARD OF EQUALIZATION Chairperson Cole announced three vacancies on the Board of Equalization, due to the resignation of Betty Grothe, Sue Guthrie, and Arne Hanna. Chairperson Cole suggested holding this matter until the May 17, 1984 Council Meeting, so that nominations could be held, and that the be rules suspended, so that voting could take place at that meeting. Hawley requested that a letter of "thanks" be written to Ms. Grothe, Ms. Guthrie and Mr. Hanna. The Chair agreed. Items 4, 5, 6, and 7, under OTHER BUSINESS , were disposed of by consent, as noted on the agenda. The dispositions being as follows: A. Petiton for lot line vacation between Lots 53 and 54 in the Plat of Sudden Valley, filed by Thomas Archer (schedule for public hearing and referred to Planning and Development). \/5. Application for Open Space Taxation, filed by Andrew (referred to the Planning Commission). /6. Petition requesting a speed limit change in the Samish Way area, filed by residents of the area (referred to Law and Justice). Council Minutes May 3, 1984 Page 8 7:-" Hearing Examiner recommendations regarding an application of Mt. Baker Mutual Savings Bank for Preliminary Plat approval to create and develop a residential subdivision known as Sudden Valley, Division 35, Area "K" (referred to Planning and Development Committee). At this time, Chairperson Cole added OPEN SESSION to the agenda. 0.PtN SESSION Courtenay Murphy Hillside Road Deming, WA Art Todd Hillside Road Deming, WA Questioned why he has not re- ceived a copy of the response from the Prosecuting Attorney's office and the Army Corp of Engineers regarding the issue of the construction of a low water crossing bridge over Todd Creek, as promised to him at the Public Services Committee of April 24, 1984. Spoke regarding the County not cleaning up the area after the January, 1983 flood. INTRODUCTION OF RESOLUTIONS AND ORDINANCES �,"ESOLUTION - AMENDING SALARY SCHEDULE FOR NOR -BELL BECKER INTRODUCED AND MOVED FOR FINAL ADOPTION A RESOLUTION IN THE MATTER OF AMENDING THE SALARY SCHEDULE FOR EXEMPT EMPLOYEES OF NOR -BELL NURSING HOME FOR THE YEAR 1984. Becker reported the Finance Committee recommended approval. Executive Van Zanten reviewed the resolution. Motion to adopt carried. Items 2, 3, 4, 5, and 6, under Introductions of Resolutions and Ordinances , were introduced by consent and disposed of as noted on the agenda, the dispositions being: ✓2. Ordinance authorizing a revised budget to the 1984 Federal Shared Revenue Budget (referred to Finance Committee). %3. Ordinance of the County Council of Whatcom County, Washington amending Ordiance No. 83 -88 to confirm a final maturity date for the Consolidated Drainage Improvement District No. 31 Bonds, 1983, and ratifying and confirming Ordinance No. 83 -88 (referred to Finance Committee). Council Minutes May 3, 1984 Page 9 4. Ordinance in the matter of granting a non - exclusive franchise to Paradise Lakes Country Club for a period of 25 years pursuant to State Law, and Section 9.30 of the Whatcom County Charter, to operate and maintain water mains and water distribution lines along certain roads within th unincorpor- ated areas of Whatcom County (schedule for a public hearing). ✓5. Ordinance amending Title 17 of the Whatcom County Code to establish certain areas of the County as alluvial fan flood hazard areas and to set forth the procedure for providing notification to persons applying for building permits in these areas (referred to Planning and Development Committee). 6. Ordinance extending the Interim Zoning Ordinance Chapter 2.24 of the Whatcom County Code (referred to Planning and Develop- went Committee). Chairperson Cole added the following ordinance to the agenda, which was introduced by consent and referred to the Finance Committee: 1. Ordinance regulating the fee schedule for solid waste disposal Hansey suggested authorizing the Chair to set up a public hearing date regarding this ordinance. The Chair agreed .. REPORT FROM COMMITTEE MEMBERS AND OTHER ITEMS OF CONCERN FROM COUNCIL MEMBERS Hawley stated that the new language proposed by Hansey and Cole regarding the Nation Wide Cablevision franchise has been forwarded to Bruce Disend, Deputy Prosecuting Attorney. Meeting adjourned at 9:30 p.m. WHATCOM COUNTY COUNCIL ~ WHATCOM COUNTY, WASHINGTON Craig W. Cole Chairperson ATTEST: Clerk of the Council CMMAY.01