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HomeMy WebLinkAboutCounty Council for September 2 1982WHATCOM COUNTY COUNCIL Minutes September 2, 1982 The Whatcom County Council meeting was called to order on Thursday, September 2, 1982 at 7:34 p.m. by Chairman Roehl with members Van Zanten, Hansey, and Hawley present. Cole entered the meeting at 8:00 p.m. Muenscher was excused from the meeting due to personal reasons. Johnson was also excused from the meeting due to a Jail Commission meeting. The minutes of the August 19, 1982 meeting were approved as amended on page three, second paragraph, line five, to change the date from September 30, 1982 to December 31, 1982. OPEN SESSION Grace Hatton spoke to the franchise of Whatcom-County Cable- vision, Inc. She stated Whatcom County.Cablevision,.Inc.'s pre - sent.franchise includes the LaBounty Road area, which is not being serviced at this time. She stated an extension of fran- chise should not be granted at this time until present franchise areas are serviced. EXECUTIVE ITEMS Executive Louws presented a status report regarding the Nor -Bell Wastewater Facility. He stated the Ferndale City Council has accepted the agreement with Whatcom County with one additional change which involves increasing the Highway Commer- cial area which may utilize connections from 13 to 30 acres. This matter will be reviewed at the Public Hearing of September 7, 1982. Louws stated the School District board meeting will tie next week to finalize their agreement with the County. Approximately two - thirds of the required $172,000 annual payment to repay the bonds looks like it will be committed. Two hundred to 250 additional connections are needed to generate the $172,000. Whatcom County Cc cil Minutes September 2, 1982 page two The Council.lwill hold a public hearing September 7 on-the Nor -Bell Wastewater Facility Plan Draft Environmental Impact Statement. Upon acceptance by Council a hearing will then be conducted by the Boundary Review Board with the final publi- cation of the EIS to be September 30, 1982. Submittal must be to the Department of Ecology no later than October 7, 1982. The Contract for Professional Services regarding conflict cases from Jhe Public Defender office was presented by the Executive for Council authorization. Louws stated bids were received from a total of five firms of which there was only one, Fletcher, Resick and Warner, who would cover all types of cases. Van Zanten moved to authorize the Executive to accept the bid and enter into contract. She stated the Finance Com- mittee reviewed the contract and recommended approval with two minor changes to be done by the Executive, on page one, line 31, after the word "writing" to insert 11, forwarded to" and on page one, last line to strike the word "with" and insert the word "and ". The amount of the contract is $40,800 for the next sixteen months through 1983, or $2,550.per month. Roehl stated concern with the low bid and the ability of the firm being able to handle a complex case exceeding the level of the Contract. He stated he would like to see this explored further in Committee. Motion to authorize the Executive to accept the bid as presented and enter into contract failed. Hansey moved to defer further consideration of the Contract until 9 :30 p.m. this evening, until Finance Committee member Cole is present. Motion passed. The following line item transfers were approved as pre- sented by the Executive: 1) Solid Waste Management Fund in the amount of $111,500 for bookkeeping purposes 2) Assessor Budget in the amount of $5,355 for the payment of employees retirement 3) River Improvement Fund in the amount of $133,450 for bookkeeping and clerical purposes 4) Nor -Bell Nursing Home Fund in the amount of $28,333 to change category numbers. Whatcom County Council Minutes September 2, 1982 page three Executive Louws also distributed an update of the 1983 Preliminary Budget material. The matter will be addressed at a Committee of the Whole meeting Wednesday, September 8, 1982, 4:30 p.m. HEARINGS Hearing was declared open on the Petition to vacate a portion of County Road No. 114, filed by Eleanor Nesbitt. Ernest Bently, attorney for petitioner, gave a brief history regarding the road and explained the road is of no use to the County Road System. Mrs. Penn, adjoining property owner requested that a right -of -way be maintained for access to her property. She stated she has used the access for 17 years. No.further testimony was given and the public hearing was closed. Hansey moved to refer the matter back to the Planning and Development Committee, scheduled for September 9, 1982, 4:30 p.m. and to request the Engineer's Department to present the Committee with the sales price of the Nesbitt property and to determine whether or not the Penn property is land locked. Motion passed. The matter will then be considered at the September 16 Council meeting. Hearing was declared open on the Ordinance establishing certain acts of trespass as infraction and establishing penal- ties therefor. Jon Ostlund, Public Defender, spoke to the ordinance. He agrees with the legislative intent of the ordinance, however is concerned with the wprding, which could be wrongfully abused. Suggested -to strike paragraph two of the ordinance. Also urged Council not to adopt the ordinance as written. Mike Martin, 1412 E. Maplewood stated concerns with un- equal enforcement of the law from a personal point of view. He made reference to a specific experience he had with tres- passing of hunters last fall 181. A letter was read into the record by Chair Roehl from Marty Gross, Deputy Prosecuting Attorney, requesting the Council to consider a new ordinance- which in essence adopts the State statute on trespass in the second degree. Whatcom County Co,..icil Minutes September 2, 1982 page four No further testimony was given and the hearing was closed. Van Zanten pointed out that the original ordinance had been held in the Law and Justice Committee for further clarifi- cation. Hawley moved to refer the new ordinance to the Law and Justice Committee for review. Motion carried. Hearing was declared open on the following two ordinances: 1) 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 2) Ordinance in the matter of amending by modifying . Ordinance No. 79 -8, an ordinance granting a 15 year non- exclusive audiovisual television cable 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 audio - visual cable distribution lines along certain roads in Whatcom County pursuant to State Law, Section 9.30 of the Whatcom County Home Rule Charter, to operate and maintain a cable communi- cation system within the unincorporated areas of Whatcom County Paul Rushing, Director of Public Works, requested the Council to defer action on the ordinance as the Public Services Committee is holding the ordinance for further review. Larry Manthey, Manager of Whatcom County Cablevision, Inc., requested a meeting with the Public Services Committee to discuss the matter. Cole stated a meeting will be scheduled for Wednesday, September 8, 1982 at 3:00 p.m. Grace Hatton questioned Manthey as to why the LaBounty Road area has not been serviced? Manthey stated that at this time it is not economically feasible. Manthey also stated he would prefer the adoption of the ordinance extending the franchise for an additional 12 years. Van Zanten requested the hearing to be recessed until two weeks from tonight, September 16, and have Whatcom County Cablevision bring their case before the Council at a public hearing and not at a Public Services Committee meeting. Van Zanten so moved to continue the public hearing on both Whatcom County Cc cil Minutes September 2, 1982 page five Ordinances for two weeks, until September 16, 1982. Motion to continue the hearing passed. Hearing was declar6d open on the Ordinance to modify the stop sign control at the intersection of Birch Bay- Lynden Road, Harborview Road and Morgan Drive. No testimony was received and the hearing was closed. Hawley moved the ordinance for final passage. Johnson had reported at the Council meeting of August 19, 1982 the Law and Justice Committee recommended "do pass" of the ordinance. Motion to adopt the ordinance passed unanimously. FINAL CONSIDERATION OF ORDINANCE The Ordinance amending the Whatcom County Shoreline Manage- ment Program Section 6.6 and 6.13, Whatcom County Code Title 20, affecting stream control works and to explicitly provide for small scale hydro - electrical projects was before the Council for consideration. Donovan Kehrer, Administrative Assistant of the Building and Codes Department, stated there was an error in the title of the ordinance. The title refers to Title 20 of the Whatcom County. Code when it should refer to Title 18. Hansey moved for final passage of the ordinance, with the words of the title on line five, "Title 20" to be struck and correct the title to read "Title 18 ". He stated the Planning and Development Committee reviewed the ordinance. The ordina 5e will change the words "flood control" used throughout the ordinance to "stream control','. There is also language which refers to small scale hydro projects. Hansey made reference to Exhibit 4, page thirteen regarding dams and the 1507o bond amount which was discussed. He stated it has been the policy of the County to have bonds in excess of the total cost of the project filed with the County because of the potential cost of undoing a project if abandoned. This was an area of question in Committee.of which the Committee gave no recommendation. Roehl stated the ordinance only deals with streams with flow of 20 cubic feet per second. This would allow the County Whatcom County Cc .cil Minutes September 2, 1982 page six to deal with projects not dealt with by the Federal Energy Regu- latory Commission or the State. He stated concerns with the smaller proponents of a project being at a disadvantage with the 150% bond issue. Motion to adopt the ordinance passed unanimously. Roehl stated the suggested changes to Title 20.presented. by Bill Trimm, Acting Planning Director, in a memo dated September 2 wltl be forwarded to the Planning and Development Committee for review. OTHER BUSINESS Hansey moved to receive and refer the Application for Open Space Timberland, filed by Keithel and Dorthea Anthony to the Planning Commission. Motion passed. Hansey moved to receive and refer the Hearing Examiner recom- mendations regarding Preliminary Plat approval and conditional use permit to expand a mobile home park known as "Northwest Mobile Park" to the Planning and Development Committee for review. Motion passed. INTRODUCTION OF RESOLUTIONS AND ORDINANCES Van Zanten introduced and moved for final passage the reso- lution in the matter of setting a date for a public hearing for r declaring a certain parcel of property owned by Whatcom County surplus property pursuant to R.C.W. 36.34.020. Motion carried. A public hearing will be set on the matter. Van Zanten introduced and moved for final passage the reso- lution in the matter of setting a date for a public hearing for declaring certain vehicles owned by WhatcQm;C_.ounty as surplus property. Motion carried. A public hearing will be set on the matter. Van Zanten introduced the Ordinance revising the Alcoholism Revolving Fund and it was referred to the Finance Committee for review. Cole introduced the Ordinance regarding establishment of speed limits within school zones and it was referred to the Law and Justice Committee. REPORT OF COMMITTEES There were no committee reports. What com County Co,.acil Minutes September 2, 1982 page seven The Council next took up the matter of the contract for Professional Services regarding conflict cases from the Public Defender office. Cole stated the contract should be reviewed by the Public Defense Advisory Committee. Cole so moved to send it to the Committee for review and for the Committee to report back to the full Council at the meeting of September 16, 1982. Motion passed. Roehl also referred to the contract in terms of the bidder being familiar with Juvenile cases. Meeting adjourned at 9:15 p.m.