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HomeMy WebLinkAboutCounty Council for December 16 1982WHATCOM COUNTY COUNCIL Minutes December 16, 1982 The Whatcom County Council meeting was called to order on Thursday, December 16, 1982 at 7:33 p.m. by Chairman Roehl with all members present. The minutes of the November 22, Special Meeting; November 23, Public Hearing; November 29, Special Meeting; December 2, Council meeting and December 8 Special Meeting were approved as presented, OPEN SESSION Bob Andersen, 3274 "Y" Road, spoke to the Planning Commission nominations. Correspondence from him was submitted to the Council earlier regarding his resignation from the Planning Commission upon the completion of the Urban Fringe Subarea Comprehensive Plan. Dick Metcalf, 4779 Sucia Drive, spoke against the barricade at the west end of South Beach Way. Peggy Burrel, 4811 Alder Street, opposed to the barricade on South Beach Way. A show of hands was also taken of the audience. Dick Ennis, 4832 Olympic Drive, Ferndale, stated there is a water problem with the hydrants at Sandy Point. He stated the Fire Department uses the salt water for fires through the S South Beach Way access. The petition regarding barricade at west end of South Beach Way, filed by residents of that area was received and referred to,the Law and Justice Committee. v Rita Foley, Blue Canyon Road, submitted a petition signed by 20 people, regarding appointments to County boards and commissions. Lloyd Fox, 6749 Guide Meridian, Lynden, spoke regarding the solid waste site at the Birch Bay - Lynden Road. Requested the site to remain open. Whatcom County Council Minutes December 16, 1982 page two EXEC -LTIVE ITEMS Executive Louws requested confirmation of the appointment of Jenna Graham as the Clerk of Superior Court. Muenscher so moved to confirm the appointment. Motion passed. _-1 Bid Award -- Executive Louws presented the Council with the recommendation from the Public Defender Advisory Committee for the Indigent Defense Conflict cases. The Committee recom- mended the bid of Bobbink & Simmers law firm at the rate of $935.00 per month, flat fee, be accepted for Superior Court and District Court conflict cases. The Committee also recommended the bid of Brennan & Clark and Garrett & Swenson be accepted for all Juvenile conflict work with the following costs to the County: 1. Dependency cases a. $30.00 per hour flat rate to be charged for all work; or b. $200.00 per case for all initial hearings through disposition; $50.00 for each review hearing; and $300.00 for any deprivation proceeding; whichever is the lesser amount in each case. 2. Juvenile Criminal proceedings a. $150.00 total for all proceedings through sentencing in each case b. $20.00 per hour for each post- sentencing proceeding C. $60.00 total for diversion proceedings The contract is to run for the full year of 1983. Van Zanten reported the Finance Committee recommended acceptance of the Public Defender Advisory Committee's recommendation. Van Zanten so moved to accept the bid and authorize the Executive to enter into contract. Motion passed. V Executive Louws also presented a line item transfer in the Mental Health Fund in the amount of $47,326.00.plus a supplemental to the budget in the amount of $650.00. Van Zanten pointed out an ordinance should be drafted for the supplemental. Johnson moved to authorize the transfer exclusive of the $650.00 supplemental. Motion passed. Whatcom County Council Minutes December-16,; 1982 page three iExecutive Louws also requested the authority to enter into contract with Thermal Reduction Company for construction of an energy producing facility to solve the solid waste problem. The contract will include feasibility study, plans, specifications and construction drawings, maintenance and operations agreements and construction contract. Van Zanten moved to set up a Committee of the Whole meeting to discuss the above matter. Motion passed. HEARINGS JHearing was declared open on the Ordinance establishing Whatcom County Ferry Rates for 1983. No testimony was received and the hearing was closed. Van Zanten reported the Finance Committee recommended "do pass" of the ordinance. Van Zanten so moved final passage of the ordinance. Van Zanten moved to amend the ordinance on page two, to strike lines 26 through 27 and insert the following language: "Enrolled members of the Lummi Indian Tribe who are issued appropriate identification cards by the Tribe and who have legitimate tribal business upon Lummi Island, as indicated by the Lummi Indian Tribe, shall have free foot passage upon and across the ferry operated by Whatcom County between Gooseberry Point and Lummi Island. On or before June 30 of each year, the Lummi Indian Tribe shall transmit a list of such members to Whatcom County. This list may be supple- mented at any time." Motion to amend passed. Motion to adopt the ordinance as amended passed on a 5 -2 vote (Hawley, Johnson). � Hearing was declared open on the Ordinance amending Whatcom County Code Chapter 15.04 by modifying Section 15.04.110 and Chapter 15.08 by modifying Sections 15.08.080, 15.08.170, and 15.08.220 amending permit fees for Building, Plumbing and Mechanical Permits and amending and establishing fees and charges in accordance with R.C.W. 19.27.110 and R.C.W. 19.27.110. The following testimony was received: Jerry Ellenz - Opposed to.the fee increases 2700 Nugaard Road Ferndale Whatcom County Council Minutes December 16, 1982 page four Russell Simonson - Opposed to the fee increases Smith Road No further testimony was received and the hearing was closed. Van Zanten so moved the ordinance for final passage. Van Zanten moved to accept the substitute ordinance. Motion passed. Van Zanten reviewed the changes in the substitute ordi- nance. ?Van Zanten moved to amend the ordinance on page four, line 22 to add after the word "actual" the word "necessary" and on line 23j to add after the word "inspections" the words "for new license applications or license transfers ". Motion passed. Motion to adopt the ordinance as amended failed on a 3-4 vote (Roehl, Johnson, Van Zanten, Hawley). Hearing was declared open on the Ordinance amending Whatcom County Code, Section 8.12.010, regarding the fee schedule for Senior Citizens for Solid Waste Disposal at all Whatcom County Solid Waste Sites. Glen Hallman, Area Council on Aging, spoke in favor of the ordinance. No further testimony was given and the hearing was closed. Van Zanten moved the ordinance for final passage. She reported the Finance Committee recommended "do pass" of the ordinance. Motion to adopt the ordinance passed unanimously. Hearing was declared open on certain changes in the recommendations of the Whatcom County Planning Commission to amend the 'Suburban District - Fou.N Families per acre" (S4) zone of the Whatcom County Interim Zoning Ordinance Chapter 2.24. Bob Tull, attorney, made comments to the changes. He had also submitted correspondence to the Council. No further testimony was received and the hearing was closed. Whatcom County Council Minutes December 16, 1982 page five Hansey moved for final passage the ordinance amending the Whatcom County Zoning Ordinance, Chapter 2.24 of the Whatcom County Code, in order to allow recreational vehicle parks and campgrounds as a Conditional Use in the S4 Zone with the amendment to reduce the land size. He reported the Planning and Development Committee recommended this change. Motion to adopt the ordinance as amended passed unanimously. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES Van Zanten moved for final passage the resolution in the matter of transfers affecting the 1982 Budget. This will allow the Auditor to balance out line items for the year end upon authorization from the Executive. Motion passed. Hansey moved for final passage the Resolution in the matter of budgeting for 1984. Van Zanten moved to amend the resolution on page one, to delete Section 2. Motion to amend failed. Motion to adopt the resolution passed. Hansey moved to table consideration of the ordinance amending Ordinance No. 82 -68 imposing a sales and use tax pursuant to Revised Code of Washington 82.14.030(2) until January 20, 1982, when the year end figures are in. Motion passed. Van Zanten moved for final passage the ordinance establishing a Tax Refund Fund. Van Zanten moved to accept draft II of the ordinance. Motion to accept draft II passed. The substitute draft will change the title of the fund from Tax Refund Fund to Tax Judgment Refund Fund. Van Zanten reported the Finance Committee recommended "do pass ". Motion to adopt the ordinance passed unanimously. At this time Cole moved to consider item seven under Other Business. Motion passed. Whatcom County k2ouncil Minutes December 16, 1982 page six Council considered the Administrative Appeal of Builder's Concrete. Van Zanten moved to uphold the Hearing Examiner's decision. Cole moved to allow oral argument. Motion passed. Both Dean Brett, attorney for the appellant, and Donovan Kehrer, Building and Codes Administrator, gave comment. Cole moved to amend Van Zanten's motion to add the following: "and that the Council enter a written decision to uphold the Hearing Examiner, that is specifically based upon the language of Whatcom County Code Section 2.24.170.302, which leaves to the discre- tion of the zoning officer the reduction of minimum building site requirements." Motion to amend passed. Van Zanten's motion to uphold the Hearing Examiner as amended passed. FINAL CONSIDERATION continued -- �' Van Zanten moved for final passage the ordinance author- izing a revised budget for the Current Expense Fund Assigned Counsel Budget therein. Van Zanten moved to amend the amount of the revision from $18,000.00 to $17,497.00. Motion to amend passed. Motion to adopt the ordinance'as amended passed unanimously. V/ Van Zanten moved for final passage the ordinance authorizing a revised budget to the Sheriff budget in the 1982 Current Expense Fund. Van Zanten stated the revision in the amount of $2,978.04 is coming from a suspense fund to replenish evidence supplies. The Finance Committee recommended "do pass ". Motion to adopt the ordinance passed on a 6 -0 vote (Cole out). Van Zanten moved for final passage the ordinance adopting a revised budget for the River Improvement Fund 1982 Budget. Finance Committee recommended "do pass ". Motion passed on a.6 -0 vote (Cole out). Whatcom County Council Minutes December 16, 1982 page seven Van Zanten moved for final passage the ordinance author- izing a revised budget for the Northwest Washington Fair Fund. Finance Committee recommended "do pass" of the revision in the amount of $55,000.00. Motion passed on a 6 -0 vote (Cole out). Van Zanten moved for final passage the ordinance author- izing a revised budget for the Federal Shared Revenue Fund as related to Jail Construction. The revision in the amount of $20,892.50 is coming from the remaining balance of 1981 Federal Shared Revenue funds, which must be expended this year or the County will have to return them to the Federal government. Finance Committee recommended "do pass ". Motion to adopt the ordinance passed on a 6 -0 vote (Cole out). Van Zanten moved for final passage the ordinance author- izing a revised budget for the Federal Shared Revenue Fund as related to Ambulance Services. This revision in the amount of $18,207.90 is also coming from the remaining balance of 1981 Federal Shared Revenue Funds. Finance Committee recommended "do pass ". Motion to adopt the ordinance passed on a 6 -0 vote (Cole out). Van Zanten moved for final passage the ordinance estab- lishing a Solid Waste Management Revolving Fund. This is a cash fund to provide attendants. at the solid waste sites money in order to make change to customers. Motion passed on a 6 -0 vote (Cole out). V Hansey moved for final passage the ordinance creating a Lake Whatcom Watershed Advisory Committee. Hansey moved to accept draft II of the ordinance. Motion to accept the substitute draft passed. Motion to adopt the substitute draft passed on a 6 -1 vote (Muenscher). IJ Cole moved for final passage the ordinance relating to ambulance services amending Whatcom County Code Chapter 5.04 to change the composition of the Emergency Medical and Ambulance Advisory Board, and stating additional duties of the Board. Cole moved to accept the substitute draft. Motion to accept the draft passed. Motion to adopt the substitute draft passed unanimously. Whatcom County Louncil Minutes December 16, 1982 page eight 7,,p s: Consideration was then held of the 1983 -4 City /County Ambulance Contract. Cole moved to authorize the Executive to enter into contract provided the contract conforms to the requirements of the ordinance relating to ambulance services which was just passed. Motion passed. OTHER BUSINESS Consideration of the appointments to the Planning Commission was before the Council. Nominations made at the December 2 Council meeting include: Faruk Taysi, Art Busch, Emile deWilde, John Vandermolen, and Bob Andersen. Cole moved to 1) Appoint deWilde to a new term, 2) Appoint Andersen to a new term and also accept his resignation, and 3) Appoint Taysi to fill the unexpired term of Andersen, Taysi to take office no later than April 30, 1983, Van Zanten requested the Chair to divide the question, The Chair so ruled to divide the question. Cole moved to prohibit the decision of the Chair to divide the question. Motion failed. Point number one of Cole's motion to appoint deWilde to a new term passed and deWilde was so appointed. The Council then voted on points two and three combined. The motion failed. Van Zanten moved to defer voting on position 2 until /the first meeting in January, 1983. Motion failed. V / The vote was taken on position two.as'follows: Taysi,- 4 ( Hansey, Cole, Johnson, Hawley), Andersen - 2 (Roehl, Muenscher), Vandermolen - 1 (Van Zanten) and Busch - 0. Taysi was so appointed to position 2. The application of Navus Management, Incorporated, for a Major Development Permit and Zoning Variance Permit, "The Bay Club" was before the Council for consideration. Hansey moved to approve the application. The Planning and Develop - ment Committee so recommended approval. Motion passed. Whatcom County Council Minutes December 16, 1982 page nine Hansey moved to set a hearing for January 20, 1983 on the application of George J. Kovacevich, Jr., for Preliminary Plat approval and Conditional Use Permit to expand a Mobile Home Park known as "Northwest Mobile Park" and also on an alternative plan. Motion passed. A petition regarding a barricade at the west end of South Beach Way, filed by residents of the area, was received and referred to the Law and Justice Committee. Correspondence was received regarding the resignation of Wesley Oltman, Commissioner of Whatcom County Water District No. 15. A Certificate of Sufficiency regarding petition to annex property into Whatcom County Cemetery District No. 3, filed by the Whatcom County Auditor, was received. INTRODUCTION OF RESOLUTIONS AND ORDINANCES Van Zanten moved to add the following to the agenda: 1) Resolution setting date for hearing on petition for annexation to Whatcom County Cemetery District No. 3 2) Ordinance to change the regulations governing non- conforming uses and parcels as contained in the Whatcom County Interim Zoning Ordinance by amending Whatcom County Code Sections 2.24.640.650 and 2.24.640.670 and by adding new sections 2.24.640.660 and 2.24.640.680 Motion passed. ✓/ Van Zanten introduced and moved for final passage the resolution in the matter of cancellation of uncollectable personal property taxes more than six years delinquent. Finance Committee recommended "do pass ". Motion passed. Van Zanten introduced and moved for final passage the resolution in the matter of the formal establishment of CRP 38204, and award of contract for the construction of Bertrand Creek Bridge, No. 47 Federal Aid No. 2037(29), Federal Aid Contract No. SA -0384. Motion passed. i Whatcom County council Minutes December 16, 1982 page ten Van Zanten introduced and moved for final passage the resolution in the matter of amending the salary schedule for Non -Union Whatcom County Employees for 1983. Finance Committee recommended "do pass ". Motion passed. l Van Zanten introduced the following ordinances and they were referred to the Finance Committee: 1) Ordinance amending Ordinance No. 82 -93 in the matter of the adoption of the final budget of Whatcom County for the year 1983 2) Ordinance authorizing a fee schedule for the Whatcom County Treasurer. ✓ Van Zanten introduced and moved for final passage an emergency ordinance revising the Law Library Fund 1982 budget. Finance Committee recommended "do pass Motion passed 6-0 (Johnson out). Hansey introduced an ordinance regarding the matter of placing a stop sign on Columbus Street at its intersection with Coronado Avenue and it was referred to the Law and Justice Committee. Van Zanten introduced and moved for final passage an ordinance authorizing a revised budget to the Current Expense Fund 1982 . Township Hall Budget. Finance Committee recommended "do pass ". Motion passed unanimously. f Van Zanten introduced and moved for final passage the resolution setting date for hearing on petition for annexa- tion to Whatcom County Cemetery District No. 3. Motion passed and a hearing will so be set. .% Hansey introduced the ordinance to change the regulations governing non - conforming uses and parcels as contained: "in the Whatcom County Interim Zoning Ordinance by amending Whatcom County Code Sections 2.24.640.650 and 2.24.640.670 and by adding new sections 2.24.640.660 and 2.24.640.680. The ordinance was referred to the Planning and Development Committee. No further business came before the Council and the meeting was adjourned at 11:34 p.m.