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Home My WebLink AboutCounty Council for December 15 1983OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL MINUTES -- DECEMBER 15, 1983 The Whatcom County Council meeting was called to order on Thursday, December 15, 1983 at 7:30 p.m. by Chairperson Cole with all members present. Chairperson Cole referred to the updated agenda, dated December 14, 1983 in the Council packets with some last minute additions. HANSEY MOVED TO MOVE THE "OPEN SESSION" PORTION OF THE AGENDA SO THAT IT WILL OCCUR AFTER THE HEARING ON MAPLE FALLS WATER CO -OP WATER FRANCHISE. Motion carried. EXECUTIVE ITEMS EQUIPMENT, MAINTENANCE, AND CONTROL MANAGER Executive John Louws referred to the December 7, 1983 memorandum setting forth for maintaining the position of Equipment, Maintenance, and Control Manager which Council had previously received. HAWLEY MOVED THAT THE EXECUTIVE NOT FILL THE EQUIPMENT, MAINTENANCE, AND CONTROL MANAGER POSITION UNTIL SUCH TIME AS THE MATTER IS REVIEWED BY THE COMMITTEE OF THE WHOLE. Motion failed 3 to 3. OVERLIMIT TRANSFER - TORT CLAIMS FUND Executive Louws withdrew the request for overlimit transfer of funds for the Tort Claims Fund in the amount of $12,000. TRANSFER IN CENTRAL SERVICES FUND Executive Louws presented an overlimit transfer for Central Services Fund in the amount of $7,500 from Pro- fessional Services Open Category to Professional Services Treasurer for payment to IBM for purchase of computer systems for the Treasurer's Department. HANSEY MOVED TO APPROVE SAID TRANSFER AS PRESENTED. He reported the Finance Committee's recommended approval of the transfer. Motion carried. TRANSFER IN EQUIPMENT RENTAL AND REVOLVING FUND Executive Louws presented an overlimit transfer of funds from Equipment Purchases in the amount of $55,000 to the following accounts dated December 15, 1983: Council Minute - December 15, 1983 Page 2 Communications $ 1,000 Advertising 1,000 Insurance 4,000 Public Utility Services 2,000 Interfund Distribution 30,000 Interfund Distribution 5,000 Interfund Distribution 1,000 Rentals 1,000 Interfund Distribution 10,000 55,000 HANSEY MOVED TO APPROVE THE OVERLIMIT TRANSFER OF $55,000. He reported the Finance Committee recommended approval of the transfer. Motion carried. APPOINTMENT OF DIRECTOR OF DEVELOPMENTAL DISABILITIES Executive Louws asked for confirmation of the-appoint- ment of C. Carl Allen for the position of director of Develop- mental Disabilities. Executive Louws also introduced Mr. Allen. MUENSCHER MOVED TO SUSPEND THE RULES SO THAT THE APPOINT- MENT COULD BE MADE THIS EVENING. Motion carried. HAWLEY MOVED TO CONFIRM THE APPOINTMENT OF C. CARL ALLEN. Motion carried. LUDTKE LAND FILL A copy of a letter from Dr. Phillip Jones, Bellingham/ Whatcom County District, Department of Public Health dated December 13, 1983 was referred to Public Services Committee. The correspondence was addressing issues relating to the Ludtke Land Fill. HEARINGS ORDINANCE - AREA EXTENSION OF MAPLE FALLS WATER CO -OP Hearing was declared open regarding an ORDINANCE IN THE MATTER OF GRANTING AN AREA EXTENSION TO THE MAPLE FALLS WATER CO,�OP FRANCHISE TO OPERATE AND MAINTAIN WATER DISTRI- BUTION LINES ALONG ROADS WITHIN THE UNINCORPORATED AREA OF WHATCOM COUNTY. STATE OF WASHINGTON FOR A PERIOD OF 14 YEARS. A. C. Doyle - Spoke on the purpose of re- Acting President newing the franchise early Maple Falls Co -op so that territory accummulated in last years could be included in the franchise. Council Minute, December 15, 1983 Page 3 There being no further public testimony, the hearing was closed. The ordinance was referred to the Public Services Committee for examination. OPEN SESSION Tamsin Hekala - Spoke on the Percy Road cros- 8155 Birch Terrace P1. sing closure and the concerns Custer, WA of the area residents. The matter was referred to the Planning and Development Com- mittee for examination. George Robinson - He expressed his concern re- 8208 Birch Terrace P1. garding the population figures, Custer, WA number of cars passing that was reported. He indicated he felt there were discrepancies in the Percy Road proposed closure. There being no further comments, the Open Session was closed. FINAL CONSIDERATION OF ORDINANCES AND RESOLUTIONS ORDINANCE - REVISED BUDGET FOR DEVELOPMENTAL DISABILITIES HANSEY MOVED FOR FINAL PASSAGE OF AN ORDINANCE AUTHORIZ- ING A REVISED BUDGET FOR 1983 DEVELOPMENTAL DISABILITY FUND. He reported the Finance Committee reviewed and recommended "do pass" of the ordinance. Motion passed unanimously. ORDINANCE - TRANSFERS AND /OR REVISIONS WITHIN DEPARTMENTAL BUDGETS The matter of an ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 3 AND ORDINANCE 80 -55 WHICH AMENDED ORDINANCE 79 -9 RE- LATING TO SIMPLIFIED PROCEDURES FOR APPROVAL OF TRANSFERS AND /OR REVISIONS WITHIN DEPARTMENTAL BUDGETS is being held in Finance Committee. ORDINANCE - EXTENDING NATIONWIDE CABLEVISION FRANCHISE HAWLEY MOVED FOR FINAL PASSAGE OF AN ORDINANCE EXTEND- ING THE FRANCHISE OF NATIONWIDE CABLEVISION FOR A PERIOD OF SIX MONTHS. A memorandum dated December 13, 1983 was re- ceived from County Executive -elect Shirley Van Zanten which stated that the Public Services Committee reviewed and re- commended passage. Motion carried unanimously. Council Minute: December 15, 1963 Page 4 OTHER BUSINESS BIRCH BAY REST AREAS A presentation was made by Roger DeSpain, County Parks Director, expressing various concerns regarding parking and othe.r.._ amenities related to rest areas in the Birch Bay area. REQUEST TO REMOVE RESTRICTIVE COVENANT ON PERMIT - Ron Mace A review of the restrictive covenant to shoreline substan- tial development permit of Ron Mace was held. JOHNSON MOVED TO DIRECT AND AUTHORIZE EXECUTION OF AN AGREEMENT TO RELEASE SPECIAL COVENANT, DATED DECEMBER 15, 1983. Motion passed. OPEN SPACE APPLICATIONS Open Space applications filed by Karl Kaufman, L. Wayne Corey, Darryl Brown and Herman Engels were received and referred to the Planning Commission by Chairperson Cole. APPLICATION - NOOKSACK VALLEY VIEW ESTATES The Hearing Examiner's recommendation regarding the APPLICATION FOR PRELIMINARY PLAT APPROVAL TO CREATE AND DEVELOP A RESIDENTIAL SUBDIVISION TO BE KNOWN AS "NOOKSACK VALLEY VIEW ESTATES" was received and referred to th6 Planning and Development Committee. ANNOUNCEMENTS OF VACANCIES Chairperson Cole announced there are two vacancies on the Planning Commission, from Districts #2 and #3. Muenscher reported that incumbents Al Hikenbotham and John Vanderhage both wish re- appointment. Nominations will take place at the next council meeting with voting to be held the next meeting after. FILLING OF THE COUNCIL -AT -LARGE POSITION JOHNSON MOVED THAT THE NAME OF CHESTER CRANDA.LL BE REMOVED FROM THE LIST OF NOMINEES BEFORE THE COUNCIL. Motion passed. The nominees to fill the position are as follows: Mary Kay Becker Lynn Carpenter Frank Atwood Ron Polinder Council Minute December 15, 1983 Page 5 The following votes were held to fill the Council -at- Large vacancy: VOTE #1: Cole - Becker Roehl - Polinder Hansey - Atwood Johnson - Atwood Hawley - Atwood Muenscher - Polinder VOTE #2: Hawley - Atwood Cole - Becker Muenscher - Polinder Hansey - Carpenter Roehl - Becker Johnson - Carpenter VOTE #3: Muenscher - Polinder Roehl - Becker Cole - Becker Johnson - Carpenter Hansey - Carpenter Hawley - Carpenter HAWLEY MOVED THAT THE CANDIDATES WITH THE LEAST NUMBER OF VOTES BE DROPPED OUT OF THE RUNNING ON THE NEXT VOTE. Muenscher spoke against the motion. Motion failed. Another vote was called for: VOTE #4: Cole - Becker Johnson - Carpenter Hansey - Carpenter Hawley - Carpenter Roehl - Becker Muenscher - Polinder JOHNSON MOVED TO POSTPONE THIS MATTER UNTIL THE NEXT MEETING. Hawley spoke against the motion. Chairperson Cole re- stated the motion as MOVE TO POSTPONE INDEFINITELY CONSIDERATION OF THIS MATTER. Hansey re- stated the motion as MOVE TO POSTPONE CONSIDERATION UNTIL THE NEXT SPECIAL MEETING CALLED FOR THIS PURPOSE OR REGULAR MEETING OF THE COUNCIL. The chair accepted Hansey's re- statement of the motion. Motion carried. CONSIDERATION OF CLAIM REDUCTION - James Shelley The Taxpayer's Claim for Reduction of Assessments on Destroyed Real or Personal Property submitted by Mr. James Shelley,',dated September--29',--1983-was withdrawn prior to the Council meeting. 0 Council Minute. December 15, 1983 Page 6 FINDINGS OF FACT AND CONCLUSION OF LAW Kiewit Chairperson Cole presented a draft of the Findings of Fact and Conclusions of Law in the matter of the Administra- tive Appeal of Kiewit Construction Company. ROEHL MOVED TO AMEND THE THIRD LINE, FIRST PARAGRAPH ON PAGE ONE, TO READ "STRA.ITS OF GEORGIA" RATHER THAN "STRAIGHTS," AND TO STRIKE THE SECOND SENTENCE ON PAGE FOUR, PARAGRAPH SEVEN, WHICH BEGINS "SURVEY DATA FROM 1963, 1972, AND 1978 (which indicates an errosional rather than an accretional beach) AND MAKE THE BEGINNING OF THE SENTENCE RIGHT AFTER THE COMMA AFTER 1978. Motion is adopted as amended. INTRODUCTIONS OF RESOLUTIONS AND ORDINANCES RESOLUTION - BELLINGHAM /WHATCOM COUNTY PUBLIC HEALTH HANSEY INTRODUCED AND MOVED FOR FINAL PASSAGE A RESOLU- TION RELATING TO THE BELLINGHAM /WHATCOM COUNTY PUBLIC HEALTH DISTRICT REPEALING RESOLUTION 83 -29 DECLARING INTENT TO WITH- DRAW FROM MEMBERSHIP IN THE DISTRICT AND RESCINDING OF RESOLU- TION NO. 79 -4 ESTABLISHING A COUNTY WIDE DISTRICT BOARD OF HEALTH CONSISTING OF EIGHT MEMBERS. Motion carried. RESOLUTION - STACIA CHRISTOPHER ROEHL INTRODUCED AND MOVED FOR FINAL PASSAGE A RESO- LUTION RECOGNIZING THE DEVOTED SERVICE OF STRACIA CHRISTOPHER, DIRECTOR OF DEVELOPMENTAL DISABILITIES OF WHATCOM COUNTY AND HONORING HER CONTRIBUTION TO THE BETTERMENT OF THE COMMUNITY. Motion carried. RESOLUTION - CANCELLATION OF WARRANTS - MENTAL HEALTH HANSEY INTRODUCED AND MOVED FOR FINAL PASSAGE A RESO- LUTION IN THE MATTER OF CANCELLATION OF WARRANTS OVER ONE YEAR OLD IN ACCORDANCE WITH THE PROVISION OF RCW 36.22.100 RELATING TO THE CANCELLATION OF WARRANTS. Motion carried. RESOLUTION - CANCELLATION OF WARRANTS - EQUIPMENT RENTAL HANSEY INTRODUCED AND MOVED FOR FINAL PASSAGE A RESO- LUTION IN THE MATTER OF CANCELLATION OF WARRANTS OVER ONE YEAR OLD IN ACCORDANCE WITH THE PROVISIONS OF RCW 36.22.100 RELATING TO THE CANCELLATION OF WARRANTS. Motion carried. Council MinuteL December 15, 1983 Page 7 RESOLUTION - BOND SALES ROEHL INTRODUCED A RESOLUTION IN THE MATTER OF ASSURING LOCAL PUBLIC NOTICE OF COUNTY BOND SALES AND MOVED THAT IT BE SENT TO THE FINANCE COMMITTEE. Motion carried. EMERGENCY ORDINANCE - SERVICE FEES FOR AMBULANCES HANSEY INTRODUCED AND MOVED FOR FINAL PASSAGE AN EMER- GENCY ORDINANCE ESTABLISHING SERVICE FEES AND AUTHORIZING AND AGREEING TO THE CITY OF BELLINGHAM 1984 ADOPTED FEE SCHEDULE AS PER CITY ORDINANCE NO. 9054.AMENDED AND THERETO RELATING TO AMBULANCE SERVICE CHARGES. Motion carried unanimously. EMERGENCY ORDINANCE - REV "ISED BUDGET HANSEY INTRODUCED AND MOVED FOR FINAL PASSAGE AN EMER- GENCY ORDINANCE AUTHORIZING.A REVISED BUDGET TO THE 1983 CURRENT EXPENSE FUND, COUNTY COUNCIL BUDGET THEREIN. Motion carried unanimously. EMERGENCY ORDINANCE - REVISED BUDGET NON - DEPARTMENTAL HANSEY INTRODUCED AND MOVED FOR FINAL PASSAGE OF AN EMER- GENCY ORDINANCE AUTHORIZING A REVISED BUDGET TO THE 1983 CURRENT EXPENSE FUND, NON .,DEPARTMENTAL BUDGET THEREIN. Motion carried unanimously. Hansey noted that there was a typographical error on line 20j and line 22 that read "$23,000." HANSEY MOVED THAT THE TYPOGRAPHICAL ERROR ON LINE 20* AND LINE 22 BE CORRECTED TO READ "$22,300." Motion carried. ORDINANCE - SELF INSURANCE HANSEY INTRODUCED AN ORDINANCE ESTABLISHING A SELF INSUR- ANCE FUND FOR INDUSTRIAL INSURANCE AND MOVED THAT IT BE RE- FERRED TO THE FINANCE COMMITTEE. Motion carried unanimously. ORDINANCE - AMENDING BIRCH BAY COMPREHENSIVE PLAN ROEHL INTRODUCED AN ORDINANCE AMENDING THE BIRCH BAY COMPREHENSIVE PLAN MAP'S NEIGHBORHOOD BUSINESS DESIGNATIONS AND THE INTERIM ZONING MAP FOR THE NEIGHBORHOOD BUSINESS DIS- TRICT LOCATED ON BIRCH POINT ROAD, AND AMENDING.THE NEIGHBOR- HOOD BUSINESS DISTRICT TEXT IN THE INTERIM ZONING ORDINANCE. It will be scheduled for consideration at the January 5, 1984 Council meeting. J Council Minutes December 15, 1983 Page 8 ROEHL INTRODUCED AND MOVED TO SCHEDULE FOR PUBLIC HEARING THE FOLLOWING TWO ORDINANCES: 1. AN ORDINANCE AMENDING ORDINANCE NO. 82 -58 ADOPTING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE: TEXT AND MAP, TITLE 20 OF THE WHATCOM COUNTY CODE, FOR THE LAKE WHATCOM SUBAREA OF THE WHATCOM COUNTY COMPREHENSIVE PLAN. 2. AN ORDINANCE AMENDING ORDINANCE NO. 82 -56 AMENDING THE 1970 WHATCOM COUNTY COMPREHENSIVE PLAN TEXT AND MAP FOR THE GEOGRAPHIC AREA COMMONLY KNOWN AS THE LAKE WHAT - COM SUBAREA OF WHATCOM COUNTY, WASHINGTON. The motion passed. RESOLUTION - SALARY SCHEDULE FOR NOR -BELL NURSING HOME HANSEY INTRODUCED AND MOVED FOR FINAL ADOPTION A SALARY SCHEDULE FOR EXEMPT EMPLOYEES OF NOR -BELL NUSRING HOME FOR THE YEAR 1984. Hansey briefly reviewed the resolution. Motion carried. EMERGENCY ORDINANCE REVISED BUDGET HEARING EXAMINER At the Executive's request, the Council was asked to consider an EMERGENCY ORDINANCE.AUTHORIZING A REVISED BUDGET TO THE 1983 CURRENT EXPENSE FUND HEARING EXAMINER BUDGET THEREIN. Motion carried. ROEHL INTRODUCED AND MOVED FOR THE ADOPTION OF AN EMERGENCY ORDINANCE AUTHORIZING A REVISED BUDGET TO THE 1983 CURRENT EX- PENSE FUND HEARING EXAMINER BUDGET THEREIN. Motion carried. ORDINANCE - AMBULANCE FEES HANSEY MOVED TO ADDTO THE AGENDA AN ORDINANCE ESTAB- LISHING SERVICE FEES AND AUTHORIZING AND AGREEING TO THE CITY OF BELLINGHAM 1984 ADOPTED FEE SCHEDULE AS PER CITY ORDINANCE #9054 AMENDED AND THERETO RELATING TO AMBULANCE SERVICE CHARGES. Motion carried. ........... Page `9 NOW aM R D 7 o �-M , Ti/N�TrT LiSH 4i' "F $g -N -,-A 0) M- Ja m 11- 4 ' " JN ANA vo u fu t _Mdt I - 9,48 br ►V�,AW ORDINANCE ESTAIB- i WOREBI-NO TO THE CITY ORDINANCE bu- SERVICE CHARGES JANUARY 5, 1984. WHATICOM, COUNTY COUNCIL VaTOW "COUNTY-, WASHIN_1 • %~A-1w p