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Home My WebLink AboutCounty Council for May 19 1983A _ WHATCOM COUNTY COUNCIL Minutes May 19, 1983 The Whatcom County Council meeting was called to order Thursday, May 19, 1983 at 7:46 p.m. by Chairperson Cole with all members present. The minutes of the May 5, 1983 meeting were approved as corrected on page six, amendment by Van Zanten regarding the Joe Louie franchise ordinance, should state that sub- section B of Section 19, lines 7 through 21, were deleted. OPEN SESSION Joe Parcher - Submitted correspondence 19rN, "ilr "N V Hearing was declared open on the ORDINANCE IN THE MATTER V OF GRANTING A NON- EXCLUSIVE FRANCHISE TO ROBERT SNYDAR AND ELVIS HEAD d /b /a LAKE SAMISH TELEVISION CABLE FOR A PERIOD OF TWENTY -FIVE (25) YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAIN- TAIN A CABLE COMMUNICATION SYSTEM WITHIN THE UNINCOPORATED AREAS OF WHATCOM COUNTY. No testimony was received and the hearing was closed. Van Zanten moved the ordinance for final passage. Van Zanten reported the Public Services Committee recom- mended passage of the ordinance with a clerical correction to be made on page 9, line 20, to strike the word "ninety" and insert "sixty ". related to the Referendum 39 Solid Waste Grant, dealing with the feasibility study. Spoke to the appeal filed by the Executive regarding the initiative on Solid Waste. Joel Douglas -Spoke to the solid waste initiative. Rita Foley -Spoke to the issue of solid waste. Thanked road department for work on Lake Whatcom Blvd. John Hummel - Recommended Bruton and Rohwer 2309 Walnut for the Board of Equalization. 19rN, "ilr "N V Hearing was declared open on the ORDINANCE IN THE MATTER V OF GRANTING A NON- EXCLUSIVE FRANCHISE TO ROBERT SNYDAR AND ELVIS HEAD d /b /a LAKE SAMISH TELEVISION CABLE FOR A PERIOD OF TWENTY -FIVE (25) YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAIN- TAIN A CABLE COMMUNICATION SYSTEM WITHIN THE UNINCOPORATED AREAS OF WHATCOM COUNTY. No testimony was received and the hearing was closed. Van Zanten moved the ordinance for final passage. Van Zanten reported the Public Services Committee recom- mended passage of the ordinance with a clerical correction to be made on page 9, line 20, to strike the word "ninety" and insert "sixty ". Whatcom County Council Minutes March 19, 1983 page two The clerical correction was so made as recommended by the Public Services Committee. Ordinance passed unanimously. Hearing was declared open on the ORDINANCE IN THE MATTER r/ OF GRANTING A NON - EXCLUSIVE FRANCHISE TO THOMAS E. ISENHART AND JULIAN N. PAVESI, d /b /a COLUMBIA VALLEY CABLE, FOR A PERIOD OF TWENTY -FIVE (25) YEARS PURSUANT TO STATE LAW, AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER TO OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY. The hearing was recessed until the June 2, 1983 meeting to give the proponents the opportunity to review a proposed initial rate schedule. The matter will also be placed on the Public Services Committee agenda. FINAL CONSIDERATION OF ORDINANCES ORDINANCE - VETERAN'S RELIEF FUND The ORDINANCE AMENDING ORDINANCE NO. 82 -95 FOR THE PUR- POSE OF CORRECTING THE LEVY FOR THE VETERAN'S RELIEF FUND will be held in the Finance Committee for two weeks. ORDINANCE - ASSIGNED COUNSEL BUDGET Hansey moved for final passage the ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1983 CURRENT EXPENSE FUND, ASSIGNED COUNSEL BUDGET THEREIN. He reported the Finance Committee recommended passage of the ordinance, which revises the professional services category in the amount of $31,000.00. Ordinance passed unanimously. ORDINANCE - PUBLIC DEFENSE BUDGET Hansey moved for final passage the ORDINANCE ESTABLISHING A REVISED BUDGET FOR THE CURRENT EXPENSE FUND OF 1983, PUBLIC DEFENSE BUDGET THEREIN. He reported the Finance Committee recommended passage of the ordinance, which revises the pro- fessional services category in the amount of $7,500.00. Ordinance passed unanimously. Whatcom County Council Minutes May 19, 1983 page three / ORDINANCE - MOTOR POOL VEHICLES. V Hansey moved for final passage the ORDINANCE AMENDING ORDINANCE NO. 82 -93 REGARDING THE USE OF MOTOR POOL VEHICLES. He reported the Finance Committee recommended passage of the ordinance. Ordinance passed unanimously. OTHER BUSINESS ' BID AWARD The petroleum fuel bid submitted by the Executive was added to the agenda and considered by Council. Hansey reported the Finance Committee recommended approval of the bid award to Price Brothers in the amount of $259,600.00. Hansey so moved to approve the bid as presented. Motion passed. BOARD OF EQUALIZATION APPOINTMENTS The appointment to the Board of Equalization was before the Council for consideration. The following are nominees to the position: District II District III John W. Bruton Lloyd Halladay Robert R. Bengen Katherine Ling Jamem Berg Fula `games Lorraine Rohwer Sharon Isenhart Linda Zander Johnson moved that the person so appointed to the Board will serve out the remainder of Helen Rhea's term to June 30, 1983, as well as a new three year term to commence on July 1, 1983 and expire July 1, 1986. Motion passed. A roll call vote was taken with Bruton - 3, Zander - 3, and Rohwer - 1. Van Zanten moved to vote on the two nominees receiving the highest vote. Motion passed. A roll call vote was taken with Bruton - 4, and Zander - 3. Bruton was so appointed to the position on the Board of Equalization. Wh atcom County Council Minutes May 19, 1983 page four / GUIDE MERIDIAN TRANSPORTATION CORRIDOR ANALYSIS GROUP ✓ Nominations and appointments were held for the Guide Meridian Transportation Corridor Analysis Group as follows: COUNCIL REPRESENTATIVES Roehl nominated Johnson. Johnson nominated Roehl. Van Zanten moved to close nominations and cast a unanimous ballot for Roehl and Johnson. Motion passed. Roehl and Johnson were so appointed. k,PRIVATE SECTOR REPRESENTATIVES Roehl nominated Bob Tull and Gary Kruger. Cole nominated Jim Trefren. Van Zanten moved to close nominations and vote on the nomina- tions. Motion passed. A roll call vote was taken with each Council member voting for two nominees as follows: Tull - 7, Kruger - 4, Trefren - 3. Tull and Kruger were so appointed. LANDOWNER REPRESENTATIVES Johnson nominated Al Weivoda. Hansey nominated Gary Orr. Roehl moved to close nominations and cast a unanimous ballot for Weivoda and Orr. Motion passed and Weivoda and Orr were so appointed. y/PLANNING COMMISSION REPRESENTATIVES Hansey moved to ratify the appointments of Faruk Taysi and Emile deWilde, Planning Commission members, to the Analysis Group. Motion passed. It was the consensus of the Council that representatives Roehl and Johnson set up the first meeting of the Group. 11 OWNER WILL MAINTAIN AGREEMENT V Roehl reported the "Owner will maintain agreement" was held in the Law and Justice Committee. Whatcom County CL .ncil Minutes May 19, 1983 page five \�OLID WASTE ADVISORY COMMITTEE -- COUNCIL APPOINTMENT The appointment of a Council representative to the Solid Waste Advisory Committee was before the Council. Muenscher resigned from the Committee. Van Zanten nominated Johnson. Johnson nominated Hawley. Van Zanten nominated Roehl. Johnson withdrew his name from nomination. Roehl nominated Hansey. Hawley nominated Van Zanten. Hawley withdrew his name from nomination. Van Zanten withdrew her name from nomination. Johnson moved to close nominations and cast a unanimous ballot for Roehl and Hansey. Motion passed and Roehl and Hansey were so appointed. PRELIMINARY PLAT OF SEA LINKS AT BIRCH BAY Consideration was held of the Preliminary Plat of Sea Links at Birch Bay. Johnson moved to approve the preliminary plat with the substitution of the new condition No. 44 of the Hearing Examiner in his addendum dated May 11, 1983, with the dele- tion of the third paragraph of the condition. Johnson moved to amend the Hearing Examiner's conditions date May 4, 1983, on page 28, condition No. 43, to strike 116 feet" and insert 114 feet ". Motion to amend passed Johnson moved to amend the Hearing Examiner's conditions on page 28, condition no. 40(2) to add at the end of the sentence the following: "other than direct operating costs of the improvement." Motion to amend passed. Motion to approve the plat subject to the Hearing Examiner's conditions as amended this date passed. J PETITION -- GLENHAVEN LAKES DOG CONTROL ZONE A petition was received from residents of the Glenhaven Lakes area requesting a dog control zone be created in said area. The petition was referred to the Law and Justice Committee. Whatcom County Cc cil Minutes May 19, 1983 page six �TITION -- POINT ROBERTS DOG CONTROL ZONE A petition was received from residents of Point Roberts requesting the creation of a dog control zone. The petition was referred to the Law and Justice Committee. PETITION -- VACATION OFLOT LINE IN SUDDEN VALLEY A petition was received from Randell Reddick requesting the vacation of a lot line in the Plat of Sudden Valley. The matter was referred to the Planning and Development Committee. yf�ARADISE LAKES DOG CONTROL ZONE Roehl reported the request for creation of a dog control zone in Paradise Lakes will be discussed at the next Law and Justice Committee meeting. MINI- INITIATIVE -- 1/2% SALES AND USE TAX The matter of the mini - initiative requesting voter parti- cipation in the approval or rejection of the new 1/2% sales and use tax was before the Council. Van Zanten moved to set a hearing on the matter for June 2, 1983. Motion passed. It was the consensus of the Council to have the Chair send a memorandum to the Executive requesting him to draw up a suggested fact sheet showing the effect of the lack of collecting the 1/27o sales tax. ,ZNTRODUCTION OF RESOLUTIONS AND ORDINANCES Hansey introduced and moved for final passage a RESOLUTION IN THE MATTER OF THE COUNTY FILING A LEGAL ACTION WITH COURT CONCERNING THE INITIATIVE ON THE COUNTY'S ACTIONS REGARDING SOLID WASTE. Muenscher and Roehl spoke against the resolution. Muenscher moved to postpone consideration of the resolu- tions indefinitely. Motion failed. Resolution failed on a 4 -3 vote (Cole, Roehl, Van Zanten, Muenscher). Whatcom County Co -ncil Minutes May 19, 1983 page seven RDINANCE - SOLID WASTE Hansey introduced and moved for final passage the ORDINANCE RELATING TO SOLID WASTE. Ordinance failed on a 3 -4 vote (Cole, Roehl, Van Zanten, Muenscher). RESOLUTION - NON -UNION SALARY SCHEDULE Hansey introduced and moved for final passage the RESOLUTION IN THE MATTER OF AMENDING THE SALARY SCHEDULE FOR NON -UNION WHATCOM COUNTY EMPLOYEES FOR 1983. He reported the Finance Committee recommended passage of the resolution. Resolution passed. / RESOLUTION - SURPLUS PROPERTY lv Hansey introduced and moved for final passage the RESOLUTION IN THE MATTER OF SETTING A DATE FOR PUBLIC HEARING FOR DECLARING CERTAIN REAL PROPERTY OWNED BY WHATCOM COUNTY AS SURPLUS PURSUANT TO R.C.W. 36.42.020, Resolution passed. Hansey introduced the following ordinances and they were referred to the Finance Committee: 1) Ordinance authorizing a revised budget for the Current Expense Fund 1983 Sheriff Budget therein 2) Ordinance authorizing a revised budget for the 1983 Current Expense Fund Sheriff Budget therein (Washington State Traffic Carmission grant) 3) Ordinance authorizing a revised budget for the 1983 Federal Shared Revenue Fund (Economic Development) ,EMERGENCY ORDINANCE - PARKING CONTROL SIGNS Roehl introduced and moved for final passage an emergency ORDINANCE TO INSTALL PARKING CONTROL SIGNS IN THE VICINITY OF THE BIRCH BAY - LYNDEN ROAD AND HARBORVIEW ROAD INTERSECTION. Ordinance passed unanimously. Meeting adjourned at 10:12 p.m. SUBMITTED BY: er