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HomeMy WebLinkAboutCounty Council for September 16 1982WHATCOM COUNTY COUNCIL Minutes September 16, 1982 The Whatcom County Council meeting was called to order on Thursday, September 16, 1982 at 7 :33 p.m., by Chairman Roehl with all members present except Muenscher. Hansey moved to excuse Muenscher due to personal reasons. Motion passed. The minutes,of the September 2, 1982 meeting were approved as presented. OPEN SESSION Arthur L. Hammeck, 4821 Noon Road, Bellingham, spoke to a water drainage problem on.the.east::side . of..t.he Noon Road. He stated the water runs over the road two feet and floods his property. The road side ditches need to be cleaned out. They are full of vegetation. His son also spoke to the issue. He stated a ditch could be put across private property at a cost of approximately $100.00. Paul Rushing, Administrator of Public Works, will meet with them to solve the problem. Jerry A. Joubert, Whatcom County Fire District No, 13 stated concerns regarding the 911 proposal. The Fire Districts assist the City in running the ambulance system. The districts provide a support system until the Bellingham Ambulance is able to respond to the call. The City in turn provides the district with dispatch services, Seventy percent of all the districts' calls are ambulance calls, The remaining 307o are fire calls, Joubert stated concerns with loosing the tradeoff, and if so there would be a total charge of approximately $4,000 to all fire districts. Cole commended that Joubert should have brought the issue up at the public Services Committee meetings held on the 91.1 proposals. Van Zanten stated Joubert did bring the issue up in the Study Committee meetings., The issue was not resolved, She also stated that the Committee's report was not the final word on how -the program would be operated and how it would be budgeted. The Board made up of Fire District and Fire Commissioner's representatives is to take the matter up after Whatcom County Cou:' 1 Minutes September 16, 1982 page two the Resolution on the 911 issue has been passed. The Finance Committee will meet with the representatives in two to four weeks to discuss the issue. Greg Boos, attorney with the Herships and Tario law firm spoke to the contract for professional sexznices regarding conflict cases from the public defender office. He stated the firms bid was based on the County's proposal. The firm would have submitted a case by case bid if so requested. Walter Taylor, 4309 Guide Meridian, spoke to the zoning in his area. Maria Ringle, Director of Nurses at the Nor -Bell Nursing Home, spoke on behalf of the residents at the home. She stated the residents become upset with the newspaper articles commenting on the possible closure of the facility. John ? Guide Meridian, questioned when the zoning would be completed in his area. Trimm spoke to the issue. The Planning Commission will complete their final hearing on the Urban Fringe Plan in early October. It will then be forwarded to the full Council for final consideration. -- Hansey excused himself from the meeting -- EXECUTIVE ITEMS A status report.was held on the Nor -Bell Wastewater Facility. Council considered information received from Paul Rushing, Admin- istrator of Public Works, in a.-letter dated September 15, 1982. Also present at the meetingto answer any questions were Steve Carley, Department of Ecology; Marty.Harper, Harper -Owes; and Steve Gaidos, William P. Harper & Sons Company. Rushing stated there may be a $100,000 reduction in project costs if the line down the Barrett Road is reduced.from a 10 inch to 8 inch line. Harper reviewed the income and expenditures of the project. referring to Tables 1, 2, and 3 of cash flow on interest rates on the bond sold. Van Zanten questioned if the,$100,000 reduction would effect the project cost. Harper stated the bond payment would be reduced by $10,000. Whatcom County Coun _1 Minutes September 16, 1982 page three Van Zanten made a motion stating that the Council is satis- fied to the extent possible the financing has been arranged to redeem the bonds and for the administration to be given the author- ity to proceed with the Nor -Bell Sewer project. Cole moved to table consideration of the matter until a special meeting on Saturday, September 18, 1982 at 1:00 p.m. Van Zanten spoke against Cole's motion. Gaidos spoke to the issue saying there is always a risk factor. There is no way to predict what will happen in the fu- ture. Cole's motion to table failed. Cole stated concerns due to the fact that one party is contracting for 400 connections and another in excess of 125. This provides 81% of the total project cost. He would like more time to look into the specifics of this contract. Rushing stated that in order.for the party to utilize all 400 connections annexation into the City of Ferndale is required. Cole moved to recess for five minutes. Motion passed. The Council reconvened. Discussion was held on the parcel of land proposed to be annexed to the City of Ferndale. Cole moved to table consideration of the matter until Monday, September 20, 1982 at 7:30 a.m. Motion failed. Cole requested clarification of the motion. Van Zanten stated the motion was to give the administration the authority to proceed with the Nor -Bell project as required by Resolution No. 82 -40 on the assumption that the package presented this evening satisfies the requirements for the $172,500. In the event that part of the package falls apart and one of the contracts is not valid it no longer satisfies the $172,500 requirement for revenue per year and therefor would not be valid. Whatcom County Cou - -il Minutes September 16, 1982 page four Van Zanten clarified her motion to read, "To give the ad- ministration the authorization to proceed with the Nor -Bell project as required by Resolution No. 82 -40, the package of commitments as of September 16, 1982 being reviewed and found to produce the $172,500 revenue required. In the event any per, component of that package fails the authorization of the Council is withdrawn ". Van Zanten's motion passed on a 4 -1 vote. (Cole) Executive Louws also presented the bid award for altera- tions to the building at 515 Chestnut Street, for the pur- pose of remodeling to meet'.the needs of the Sun Community Center. The bid to go to Evans & Perez General Contractors, Inc. of Blaine, with a base bid of $63,674, after deducting alternates 1, 2, 4, and 5. Van Zanten stated the Finance Committee recommended authorization of the bid. Van Zanten so moved to authorize the bid as presented by the Executive. Motion passed. Louws also presented a line item transfer in the Equipment Rental and Revolving Fund in the amount of $165,000. Van Zanten stated the Finance Committee recommended the authorization of the transfer. Van Zanten so moved to approve the line item transfer as presented by the Executive. Motion passed. -- Hansey entered the meeting. -- The Council also considered the contract for professional services regarding conflict cases from the Public Defender Office. Council received a report back from the Public Defense Advisory Committee regarding the matter. The committee recommended that if a decision is to be made immediately by Council that the proposal of Resick, Warner and Fletcher, Alternate B regarding a per case basis, be accepted. However, if the decision is delayed the Committee recommends that Council invite the following to submit a proposal on a per case basis: Bobbink and Simmers; Herships, Tario and Boos ( Resick, Warner and Fletcher; Raas Johnson and Garrett have submitted proposals on a per case basis). If Council Whatcom County Cor iil Minutes September 16, 1982 page five requests additional bids on a per_.case basis then the:'.Committee recommends that Council select the lowest and best proposal for contracting the conflict cases. Cole moved to recommend a decision be delayed and that the recommendation of the Public Defense Advisory Committee be followed as contained in the minutes of the Committee's September 14, 1982 meeting and the Executive be requested to request additional bids consistence with the Public Defense Advisory Committee's recommendations and request the Committee to review the new bids and then forward its report to the Executive and Council. Roehl spoke against Cole's motion. He felt the bid should be opened up to all firms. Cole withdrew his motion. Cole moved to request the Executive with the assistance of the Public Defense Advisory Committee to issue a new request for proposals incorporating the suggestions of the Public Defense Advisory Committee as contained in the Committee meeting minutes of September 14, 1982, without limiting those who may respond to the request for proposals. Motion carried. NE AR T MaR A continued hearing was held from September 2, 1982 on the following two ordinances: a. Ordinance in the matter of granting a non - exclusive franchise to Whatcom County Cablevision, Inc. for a period of 12 years pursuant to State Law, 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 b. Ordinance in the matter of amending by modifying Ordinance No. 79 -8, an ordinance granting a 15 year non - exclusive audiovisual television calbe franchise on certain County roads to Whatcom County Cablevision, Inc., and Ordinance adopted May 1, 1978, an Ordinance in the matter of granting a 15 year franchise to install, operate and maintain audiovisual cable distribution lines along certain county roads in Whatcom County pursuant to State Law, Section 9.30 of the Whatcom County Home Rule Charter, to operate and maintain a cable communica- tion system within the unincorporated areas of Whatcom County. Whatcom County Council Minutes September 16, 1982 page six Cole stated the Public Services Committee would be meeting Wednesday, September 22, 1982 to review the ordinances further. No further testimony was given and the hearing was closed. Hansey stated the Rate Review Board will meet Tuesday, September 28, 1982 at 4:00 p.m. to discuss the request for rate increase received from Whatcom County Cablevision, Inc. Hansen left the meetin Hearing was declared open on Go proposed activities for Small Cities Community Block Grant Program regarding Nor -Bell Nursing Home's share of the Nor -Bell Interceptor costs. Nat Dickinson, Grants, gave a brief presentation. He stated their is a proposed grant :application in the amount of $165,000 to pay for the Nor -Bell Nursing Homes share of the sewer project. (A resolution will be introduced later in the meeting.) No further testimony was given and the hearing was closed. -- Hansey returned to the meeting -- Hearing was declared open on the Ordinance creating County Dog Control Zone No. 3 in the area of Woodlawn Cemetery and the Plan of Laurel Grove in Whatcom County. A member of the public urged Council to vote in favor of expanding the proposed area. Johnson stated the Law and Justice Committee recommended "do pass" of the ordinance. Johnson stated the Human Society has no problem with handling this area within their existing contract Van Zanten questioned the costs involved. Van Zanten so moved to refer the ordinance back to the Law and Justice Committee and for the Committee to do a cost analysis of what is being generated in the way of revenue. Motion failed. Johnson moved the ordinance for final passage. Ordinance passed on a 4 -2 vote (Van Zanten, Roehl). Hearing was declared open on the Petition to vacate Drayton Avenue, Brown Avenue and California Avenue in Brown's Addition to Blaine, filed by Pat Doran. Frank Spring, 8154 Stein Road, Custer spoke in opposition to the vacation. He owns 27 lots within the addition. The proposed vacation would eliminate access to 8 lots. He read a letter into the record received by Council from his attorney Charles Tull. Whatcom County Coup ^il Minutes September 16, 1982 page seven Hansey stated the Planning and Development Committee will review the matter at its next meeting. He stated the Planning Department recommended denial of the vacation. No further testimony was received and the hearing was closed. The matter was referred back to the Planning and Development Committee. FINAL CONSIDERATION OF ORDINANCE Van Zanten moved for final passage the Ordinance resiving the Alcoholism Revolving Fund. This ordinance will update the fund from $200 to $400. The Finance Committee recommend "do pass" of the ordinance. Motion passed unanimously. OTHER BUSINESS The following items were added to the agenda: 1) The matter of filling a position on the Public Health Board 2) The matter of filling a position on the Whatcom County Planning Commission 3) Correspondence received from Bellingham City Council President Haines Fay Hansey moved to add to the agenda as item number 7 under introductions a Resolution in the matter of submitting to the voters of Whatcom County an advisory referendum on the ques- tion of implementing an additional one -half cent sales tax when the sales tax upon food is removed. Motion passed. Roehl reported that the matter of the disincorporation of Whatcom County Water District No. 17 will go before the Boundary Review Board as well as District No. 17's Commissioner's. Correspondence was received notifying Whatcom County that the Keeper of the National register has recognized the Middle Fork Nooksack River Bridge for placement in the National Register of Historic Places. The matter regarding the vacancy of a position on the Publib Health Board was before the Council. Hansey stated the person to fill this vacancy must come from the unincorporated are of Whatcom County. Council members will bring their nomina- tions forth at the October 7, 1982 meeting. Whatcom County Couriil Minutes September 16, 1982 page eight Correspondence was also received from Donald Brunner, resigning from his position on the Whatcom County Planning Commission. This position is to be filled by a representa- tive of the third district. Council members from the Third District as well as At Large will bring forth nominations at the October 7, 1982 meeting. Correspondence was received from Bellingham City Council President Haines Fay requesting the County to begin the process to allow for consideration of a Public Trans- portation Benefit Area. The matter was referred to the Public Services Committee. INTRODUCTION OF ORDINANCES AND RESOLUTIONS Van Zanten introduced and moved for final passage the Resolution in the matter of the annexation of the City of Nooksack into the Whatcom County Rural Library Board. This is a legal procedure to place the issue on the ballot for this year. Motion passed. The County Auditor will be so notified. -- Hansey left the meeting -- Van Zanten introduced and moved for final passage the Resolution authorizing the County Executive to submit an application to the State for a Community Block Grant for the Nor -Bell Sewer Project. This application is for the amount of $165,000 to pay for the Nor -Bell Nursing Homes' share of the sewer project. Motion passed. Van Zanten introduced and moved for final passage the Resolution in the matter of setting a date for a public hearing for declaring a certain parcel of property owned by Whatcom County surplus property pursuant to R.C.W. 36.34.020. Motion passed. A public hearing will be set. Hansey introduced the Resolution of intent in the matter of the vacation and abandonment of a portion of County Road No. 20, Lampman Road, located in Section 35, Township 39 North, Range 1 East of W.M. The matter was referred to the Planning and Development Committee. Whatcom County Council Minutes September 16, 1982 page nine Hansey introduced the Resolution of intent to vacate County Road No. 63, Telegraph Road, located in Section 10, Township 39 North, Range 3 East of W.M. The resolution was referred to the Planning and Development Committee. Van Zanten introduced the following ordinances: 1) Ordinance imposing a sale and use tax pursuant to R.C.W. 82.14.030 2) Ordinance imposing an excise tax on each sale of property in the unincorporated areas of Whatcom County The ordinances will set up for public hearing. A Committee of the Whole meeting may follow. Hansey introduced and moved for final,passage, the._.. Resolution-in the matter of,-submitting to the voters of, Whatcom County an adYisory referendum on the.question,of. implementing an additional one -half cent sales tax when the sales tax upon food is removed. Van Zanten spoke in opposition to the motion. The gaestion.was divided. Resolution failed on a 3 -3 vote (Roehl, Cole.,_.Van,Zanten). .Van Zanten introduced the Ordinance establishing-Victim/ Witness Assistance Fund Budget for 1982. The „grdinanee Was referred to,the Finance Committee. A public hearing will also be set. Van Zanten introduced the Ordinance in the Matter of establishing weight limits on West Hemmi Road Bridge over Ten Mile Creek. The ordinance was referred to the Law and Justice Committee. A public hearing will also be set. Johnson introduced the Ordinance amending Ordinance No. 81 -26 regarding a change in the weight restrictions on the Cedarlund Road Bridge No. 44. The ordinance was referred to the Law and Justice Committee. A public hearing will also be set. REPORT OF COMMITTEES No committee reports were given. Meeting adjourned at 10:40 p.m.