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HomeMy WebLinkAboutCounty Council for September 6 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes - September 6, 1984 The Whatcom County Council meeting was called to order on Thursday, September 6, 1984 at 7:45 p.m. by Vice Chairperson Johnson. Present were Councilmembers Johnson, Becker, Roehl, Muenscher, and Hansey. EXECUTIVE ITEMS OVERLIMIT TRANSFER - PARKS AND RECREATION FUND County Executive Van Zanten requested authorization of an overlimit transfer in the 1984 Parks and Recreation Fund in the amount of $24,900.00. BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER. Becker reported that the Finance Committee recommended approval. Motion carried. BID AWARD - WORKSHOP TRAINING CENTER BECKER MOVED TO APPROVE THE BID ON THE WORKSHOP TRAINING CENTER TO JOHN DANIELS CONSTRUCTION CO., INC., IN THE AMOUNT OF $30,676.00, PLUS SALES TAX. Motion carried. COUNCILMEMBERS EXCUSED FROM MEETING MUENSCHER MOVED TO EXCUSE COUNCILMEMBER HAWLEY FROM TONIGHT'S MEETING. Motion aarried. HANSEY MOVED TO EXCUSE COUNCILMEMBER COLE FROM TONIGHT'S MEETING IN ORDER TO ATTEND A STATE COMMITTEE MEETING OUT OF TOWN. Motion carried. HEARINGS ORDINANCE ADOPTING A 1984 BUDGET FOR REFERENDUM 37 CONSTRUCTION FUND The hearing was declared open in the matter of AN ORDINANCE ADOPTING A 1984 BUDGET FOR THE REFERENDUM 37 CONSTRUCTION FUND. No one was present to speak to the ordinance. The hearing was declared closed. BECKER MOVED TO ADOPT THE ORDINANCE ADOPTING A 1984 BUDGET FOR THE REFERENDUM 37 CONSTRUCTION FUND. Motion carried unanimously. Council Minutes September 6, 1984 Page 2 ORDINANCE AMENDING THE WHATCOM COUNTY SEPA ORDINANCE W.C.C. CHAPTER 16.08) Roehl gave a brief introduction outlining the procedure and State Law requiring public input on the proposed ordinance amending the Whatcom County SEPA Ordinance. Jeffrey Margolis Spoke on behalf of the Mt. Baker 5465 Potter Watershed Protection Association Deming, WA 98244 regarding 16.08.199 paragraphs 1 and 2 in the proposed ordinance. Outlined proposed addition to the wording in this section. Also spoke on his own behalf regarding an Environmental Review Committee (16.08.045) asking if ex- officio members could be appointed to the Committee. Also spoke as a member of the Lake Whatcom Advisory Committee stating that the Committee would have some input forthcoming. Rita Foley Spoke about the Environmental 3878 Blue Canyon Road Review Committee, stating that Bellingham, WA the people on the Committee are heads of departments. She supported haviAg people on the Committee who are environmentally sensitive. Dave Wolf, Executive Officer Whatcom County Homebuilders 1844 Iron St. Bellingham, WA Stated that he understood the pressure the County must feel regarding the October 1, 1984 deadline for passing the SEPA Ordinance. He pointed out items of significance and potential problems which he felt were left out of the County's proposed ordinance. He also stated that the private sector is eager to provide input earlier in the process.on the development of ordinances such as the SEPA Ordinance. Council Minutes September 6, 1984 Page 3 Hansey spoke on the history of the Council's receiving of the ordinance and the necessity of getting the public input process started as soon as possible. He encouraged interested persons to attend the Planning and Development Committee meeting on September 11 1984, at 1:00 p.m. in order to provide further input at that time. Becker stated that the Committee meeting would be the appropriate time to bring further suggestions to the members of the Committee regarding the SEPA Ordinance. The.hearing was declared closed. ROEHL MOVED TO REFER THE PROPOSED'SEPA ORDINANCE BACK TO THE PLANNING AND DEVELOPMENT COMMITTEE'S NEXT MEETING. Motion carried. OPEN SESSION Bob Tull, Chairman Whatcom County Parks and Recreation Board Robert Frost 5602 Guide Meridian Bellingham, WA Read a letter from the Parks and Recreation Board regarding a request by the Board that Council approve a request to place a bond levy on the November election ballot in the amount of $6.5 million in the issuance of general obligation bonds. He asked that Council introduce the proposed ordinance at tonight's meeting, and that the Council consider acting on the ordinance at its September 20, 1984, meeting. He also gave an explanation of the two present Park Bond issues and how the proposed bond issue would affect the taxC-s according to assessed valuation. Asked the Council to investigate the proportionate number of workers and supervisors in the County Road Department. Also spoke in support of an ordinance prohibiting nude dancing in Whatcom County, stating that this should be a priority for the Council. Council Minutes September 6, 1984 Page 4 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE - REVISED BUDGET, MEDICAL EXAMINER BUDGET BECKER MOVED TO RECOMMEND ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 CURRENT EXPENSE FUND, MEDICAL EXAMINER BUDGET THEREIN, IN THE AMOUNT OF $9,500.00. Becker spoke to her motion and stated that the Finance Committee recommended approval of the ordinance. Motion carried unanimously. ORDINANCE - REVISED BUDGET, ASSIGNED COUNSEL BUDGET Becker excused herself from the meeting at this point due to the possibility of _a conflict of interest. Muenscher gave the background on this ordinance as discussed in the Finance Committee, as well as action previously taken by the Council related to this ordinance. Budget Director Sutberry gave further background as to why this ordinance was being presented to the Council. Muenscher stated that the Finance Committee recommended approval of the ordinance. ROEHL MOVED TO ADOPT AN ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 CURRENT EXPENSE FUND, ASSIGNED COUNSEL BUDGET THEREIN. Motion carried. Following a 15 minute break, the Council reconvened. ORDINANCE - REVISED BUDGET, SHERIFF'S AND PROSECUTING ATTORNEY'S BUDGETS THEREIN BECKER MOVED TO ADOPT AN ORDINANCE AUTHORIZING REVISIONS TO THE 1984 CURRENT EXPENSE FUND, SHERIFF'S AND PROSECUTING ATTORNEY'S BUDGETS THEREIN. Becker spoke to her motion, giving background information. Motion carried. HANSEY MOVED THAT THE CLERK BE INSTRUCTED TO INSERT THE LANGUAGE THAT WOULD CEASE FUNDING AT THE END OF A GRANT FUNDING PERIOD WHEN PEOPLE ARE HIRED TO FILL POSITIONS PAID BY GRANT MONIES. Council Minutes September 6, 1984 Page 5 Hansey stated that this motion was directed to the Ordinance which was just passed regarding the 9 -month position on the DWI caseload in the Prosecuting Attorney's office. Motion carried. OTHER BUSINESS DISPOSITION OF THE RICCI APPEAL (FILE NO. V 15 -83, C.U. 20 -83) Roehl stated that this appeal was remanded because the appellant's attorney and the County's attorney said that they would stipulate to a remand. However, they did not have the authority to stipulate to a remand according to the position of the Hearing Examiner. According to W.C.C. 29.92.700 requirements for a remand are set up based on certain findings. Bob Tull spoke on Terry Lewis' behalf and stated that the stipulation is still in progress, but at the present time it was not necessary to bring this appeal before the Council. APPOINTMENT OF ACTING HEARING EXAMINER ROEHL MOVED THAT IN ACCORDANCE WITH CRAIG COLE'S MEMO THAT MICHAEL BOBBINK BE APPOINTED AS ACTING HEARING EXAMINER AT THE SALARY SET OUT IN THE MEMO ($2,520.00) FOR THE PERIOD SEPTEMBER 10, 1984 THROUGH OCTOBER 9, 1984. Hansey spoke on the content of Cole's memo, stating that the $2,520.00 figure was arrived at by adding $2,308.00, which is the entry level pay, plus $212.00 for health and welfare benefits. HANSEY MOVED AS A SUBSTITUTE MOTION TO ESTABLISH THE COMPENSATION FOR THE DEPUTY HEARING EXAMINER AT $2,520.00 FOR THE PERIOD SEPTEMBER 10 THROUGH OCTOBER 9, 1984. Hansey spoke to his substitute motion. Roehl withdrew his motion. Motion carried. WATER DISTRICT NO. 4'S COMPREHENSIVE PLAN HANSEY MOVED FOR FINAL APPROVAL OF WHATCOM COUNTY WATER DISTRICT NO. 4'S COMPREHENSIVE PLAN AS AMENDED. Becker spoke in favor of the motion and stated that the primary consideration in Committee was whether or not the plan complies with the Point Roberts Comprehensive Plan, and all the testimony indicated that it did. Hansey spoke to his motion. Motion carried. Council Minutes September 6, 1984 Page 6 PRELIMINARY PLAT APPROVAL - "ROSESMITH- SUBDIVISION HANSEY MOVED FOR APPROVAL OF THE APPLICATION OF SMITH AND ROSELINI FOR PRELIMINARY PLAT APPROVAL TO CREATE AND DEVELOP A RESIDENTIAL SUBDIVISION TO BE KNOWN AS "ROSESMITH ". Hansey spoke to his motion. Roehl stated that he had spoken to Mr. Fulton and that Mr. Fulton concurred with the recommendations of the Hearing Examiner. Motion carried. CORRESPONDENCE - SHORE LINE HEARING BOARD, KIEWIT CONST. The Correspondence received from the Shoreline Hearing Board dismissing the request of the Department of Ecology for review of the shoreline substantial development permit granted by Whatcom County to Kiewit Construction Company was received by Council. PETITION - ROADSIDE SPRAYING, LUMMI 'ISLAND ROEHL 10OVED TO REFER THE PETITION REGARDING ROADSIDE SPRAYING FILED BY RESIDENTS OF LUMMI ISLAND TO THE PUBLIC SERVICES COMMITTEE. Motion carried. NATIONWIDE CABLEVISION ROEHL MOVED TO ADD TO THE AGENDA AT THIS TIME THE ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE TO NATIONWIDE CABLEVISION INC., FOR A PERIOD OF TEN YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHA''COM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY. Motion carried. Roehl gave a brief explanation of Committee discussi regarding the Nationwide Cablevision franchise. It is the Committee's recommen- dation to Council that the $1.50 charge for Additional Outlets on the attached Exhibit "A" to the ordinance be reinstated. ROEHL MOVED THAT THE $1.50 CHARGE FOR ADDITIONAL OUTLETS ON THE EXHIBIT "A" ATTACHED TO ORDINANCE 84 -60 BE REINSTATED. Hansey asked a question as to the procedure that Council should follow in terms of reinstating the $1.50 Additional Outlet charge and whether or not further public hearing should be held in order to amend the Exhibit "A". Council Minutes September 6, 1984 Page 7 Roehl asked that the Prosecuting Attorney's office be contacted in order to determine the procedure that Council should follow in order to pursue reinstating the $1.50 charge. Roehl withdrew his motion. INTRODUCTION OF RESOLUTIONS AND ORDINANCES HANSEY MOVED TO ADD TO THE AGENDA AT THIS TIME THE FOLLOWING ITEMS UNDER INTRODUCTION OF RESOLUTIONS AND ORDINANCES: 8. Resolution in the matter of adopting a salary schedule for the Whatcom County Council 9. Resolution in the matter of setting the expiration dates for the members of the Whatcom County Board of Equalization 10. Resolution creating a Charter Review Commission and calling for the election of fifteen (15) persons to serve on the Commission at the General Election to be held November 6, 1984 11. Ordinance of the County Council of Whatcom County, Washington providing for the submission to the qualified electors of the County at a special election to be held therein on November 6, 1984, of the proposition of whether or not the County should issue up to $6,500,000.00 of its General Obligation Bonds, payable, both principal and interest, out of annual tax levies in excess of regular tax levies and maturing within 20 years from date of issuance to provide funds necessary to acquire, develop, expand, restore and make other improvements to various park and recreation facilities Motion carried. RESOLUTION - SETTING HEARING DATE, SURPLUS PROPERTY;IN MT. BAKER RIM DIVISION HANSEY MOVED TO PASS THE RESOLUTION SETTING THE HEARING DATE ON DECLARING CERTAIN COUNTY PROPERTY SURPLUS AND THAT OCTOBER 4, 1984, BE SET AS THE HEARING DATE ON DECLARING CERTAIN COUNTY PROPERTY SURPLUS (TWO LOTS IN THE MOUNT BAKER RIM DIVISION). Motion carried. HANSEY MOVED THE INTRODUCTION BY CONSENT OF THE FOLLOWING ORDINANCES AND RESOLUTIONS AND THAT THEY BE REFERRED TO THE FOLLOWING COMMITTEES AS NOTED ON THE AGENDA: 2. Ordinance to authorize a revised budget for the Current Expense Fund, Non - Departmental Animal Control Budget therein (suggested referral Finance) Z Council Minutes September 6, 1984 Page 8 3. Ordinance establishing an Emergency Contingency Fund (suggested referral Finance) 4. Ordinance authorizing a revised budget for the 1984 Central Services Fund (suggested referral Finance) 5. Ordinance authorizing a revised budget for the 1984 Parks Acquisition and Improvement Fund (suggested referral Finance) 6. Ordinance authorizing a revised budget for the 1984 Parks and Recreation Fund (suggested referral Finance) 7. Ordinance amending Chapter 3.04 of the Whatcom County Code to authorize the Executive to delegate signature authority (suggested referral Finance) 8. Resolution in the matter of adopting a salary schedule for the Whatcom County Council (suggested referral Finance) 9. Resolution in the matter of setting the expiration dates for the members of the Whatcom County Board of Equlization (Suggested referral Law and Justice) 10. Resolution creating a Charter Review Commission and calling for the election of fifteen (15) persons to serve on the Commission at the General Election to be held November 6, 1984 (suggested referral COTW) 11. Ordinance of the County Council of Whatcom County, Washington providing for the submission to the qualified electors of the County at a special election to be held therein on November 6, 1984, of the proposition of whether or not the County should issue up to $6,500,000.00 of its General Obligation Bonds, payable, both principal and interest, out of annual tax levies in excess of regular tax levies and maturing within 20 years from date of issuance to provide funds necessary'.to acquire, develop, expand, restore and make other improvements to various park and recreation facilities (suggested ref. COTW) Motion carried. The^rfteeting was adjourned at 9:50 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON t Cler1,of the;Counc' C. J. ogrAon �: - I Vice hl&lrperson