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HomeMy WebLinkAboutCounty Council for July 16 1981WHATCOM COUNTY COUNCIL Minutes July 16, 1981 The meeting was called to order at 7:37 p.m. with all members present for roll. The minutes were approved as presented. UVADTTT('_Q Hearing was declared open on the Resolution in the matter of adop- tion of Whatcom County Comprehensive Solid Waste Management Plan. Paul Schintzer spoke with emphasis on the importance of stressing waste volume reduction. He stated economic incentives should be established for waste reduction. The plan should also include educational information to the public. Encouragement should be given to separation of recyclable materials. No further testimony was given and the hearing was closed. Van Zanten stated the resolution could be reviewed at a Committee of the Whole work session, July 22. Roehl stated he would like to review the resolution before adoption. Muenscher moved for the adoption of the resolution. Hansey moved to defer action on the motion until after the July 22, Committee of the Whole meeting. Hansey's motion passed by a majority vote. Final consideration.will be August 6, 1981. Hearing was declared open on the Resolution adopting Whatcom County. Six -Year Comprehensive Road Program for 1982 through 1988. Henken stated that construction was continually being reduced. Ile said that out of the six -year program comes the one year road program, which must be completed by the end of July. He stated that funds are'not available for both the Bennett and Britton Roads this year. McIntyre inquired about the Cabrant Road area and how this could be resolved. Henken stated this was not in the plan, but could come out of item 14 in the plan. The following persons gave testimony: (See attachment I).. Hearing was closed. Hawley wished to change the program to have the Cabrant Road inserted. Hawley moved to defer action on the motion until August 6, and have the Public Works .Committee review 'the program with the Engineer and insert the Ca.brant Road as a ptiotity for 1982. Motion passed unanimously. Hearing was declared open in the matter of closing Island View Drive. Residents were concerned with the maintenance of the road when it is vacated. Henken recommended not to remove the fill as .requested and correct the water problem by putting in a catch basin.. Correspondence Minutes July 16, 1951 page two had been received from Mrs. Eiford with concerns of access to her property. Mrs. Eiford was also present and stated that this was a slide area. She asked if the Road was closed permanently could it be re- opened again. Henken stated that it could be. Mrs. Eiford stated that there was a six -inch water main down the road. Henken stated this was the responsi- bility of the Water District. Joe Roberts, Water District #2 verified that the water main was there and recommended that the fill not be removed. Mrs. Monroe, another property owner, also gave testimony concerning the water problem. Hearing was closed.. Hawley stated the Public Works committee recommended "do pass." Hawley moved for the a.daption of the ordinance. Hansey asked where the'road is closed on, the North. and South sides? Henken stated the road would be closed by the Easterly extension of the North property line and the South property line of Park Place. Hansey so moved to amend the ordinance to include that the closure would be at the Easterly extension of the North property line and the South property line of Park Place. Hansey's motion passed unanimously. Motion for adoption passed by a 5 -2 vote. (Roehl, Hansey) Hearing was declared open on the Ordinance regarding the placement of stop signs on Fir Tree Way. No testimony was given and the hearing was closed. Johnson stated the Public Safety Committee recommended "do pass." Johnson so moved for adoption. Motion passed by a 5 -0 vote. (Muenscher and Roehl absent) Hearing was declared open on the Ordinance restx.icting speed limit on Church Road. No testimony was given an.d.t4e hearing was closed. Johnson reported the Public Safety Committee recommended. "do pass." Johnson so moved for adoption. Motion passed unanimously. EXECUTIVE ITEMS The Executive asked for approval from Council.of.four.Union Employees Contracts; "Inside" Bargaining.Unit, Juvenile Probation Counselors, Detention Matron and Assistants Bargaining Unit, Public Works Department, and CETA and Parks Departments. Hansey moved to authorize the Executive to finalize the contracts for the County. Motion passed unanimously. Hansey moved to amend the agenda and consider items 5 and 6 under introductions at this time because the items were relAt.ed to the above contracts. Motion passed by a 6 -1 vote. (Hawley) Hansey introduced and moved for final adoption the Resolution in Mi-Autes July 16, 1981 page three the matter of adopting a salary schedule for the Non -Union Whatcom County Employees. Hansey stated this resolution has been before the Committee of the Whole and the Finance Committee for review several times. This resolution sets the salary schedules of elected officials and non -union employees. Hawley stated he would like to review the resolution .Further as he questioned the increases. Hawley stated that this year the elected officials were receiving an 8% increase, while last year they were given no increase. Hawley moved'to amend the resolution to state that all elected officials receive a 12% increase except those who received an increase in 1980. Roehl said the salaries of the elected officials last year were comparable with other Counties. Hawley stated that the 12% increase would be comparable with Kitsap and Pierce Counties. Motion failed on a 1 -4 vote. (Hansey, Van Zanten, Roehl, Muenscher) (Johnson and McIntyre abstained) Hansey moved to amend Exhibit A on line 10, the Clerk's salary to reflect an 8% increase. Motion passed unanimously. Hansey moved the intent in Exhibit "A" was for all elected officials to get an 8% increase. Motion passed. Motion to adopt the resolution failed on a 3 -3 vote. (Johnson, Hawley, Hansey voting "no ") (McIntyre abstained) Hansey asked for reconsideration of the vote on the resolution at 10:00 p.m. this evening. The Chair so ruled. Roehl left the meeting at 9:50 p.m. due to a business appointment he had for .late in the evening. Hansey introduced and moved for finaladoption'the resolution in the matter of adopting a salary schedule for the Whatcom County Council. He stated the Council's salary is not to exceed 15 %q of the Executive's..: Motion passed on a 6 -0 vote. ( Roehl absent) At this point the Council returned to their published a64enda schedule. The Executive requested approval of two budget transfers; one in. the Jail Construction Fund in the amount of $142,149.00 and one in the Grants Management Fund in the amount of $8,000.00. Hansey stated the Finance Committee recommended approval. Hansey so moved to grant approval of the transfer in the Jail Construction Fund. Motion passed unanimously. Hansey so moved to grant the approval of the transfer in the Grants Management Fund. Motion passed unanimously. Executive Louws stated he would be presenting the Council with a six -month financial report in the near future. Minutes July 16, 1981 page four FINAL CONSIDERATION OF ORDINANCES RESOLUTIONS Hansey moved for the adoption of the ordinance authorizing the distribution of Public Utility District Privilege Tax Revenues. One- third of these Revenues go to School'Districts No 501, 502, and 503. The other two - thirds will stay inthe Current Expense Fund. Motion passed by a 6 -0 vote. (Roehl absent) Hansey moved for the adoption of'the ordinance authorizing a supplemental budget for the Clerk's 1981 budget. He moved to amend the ordinance as follows: on line 82 after the word "the" strike all and insert "temporary hiring of extra help to bring microfilming current," on lines 10 and 13 strike "Current Expense Cash Balance` and insert "Federal Shared Revenue Fund." Motion to amend passed on a 6 -0 vote. Motion to adopt the ordinance as amended passed by a 6 -0 vote. (Roehl absent) Hansey moved for the adoption of the ordinance adopting a supple- mental budget for County Road Improvement District No. 4 1981.budget. This supplement is needed.forthe payment of an old printing.bill. Motion passed by a 6 -0 vote. (Roehl absent) At this time (10:00 p.m.) Council reconsidered the vote on the Reso -, lution for Non -Union Employees. Hansey reiterated his statements of before. Hawley moved to amend the elected officials salaries to reflect ,a 10% increase. McIntyre also had several items related to accuracy of figures he was concerned with. Hawley asked what was available in the budget for wages. Hansey stated the wage increases totalled $375,725.00. $375,000.00 had been set aside at budget time. Hawley's motion failed on a 2 -3 vote. (Hansey, Van Zanten, Muenscher) (McIntyre abstained) Motion on the resolution failed on a 3 -3 vote. (McIntyre Johnson, Hawley voting "no ") McIntyre moved to reconsider the vote at the next meeting. Motion passed unanimously. The Council returned to their printed agenda. Hansey moved for the adoption of the Ordinance authorizing a supple- mental for the Juvenile Court /Probation 1981 budget. Hansey said the Finance Committee reviewed this and recommended approval with the intent of the Council being, if the State drops the program the County will drop the position. Motion on the ordinance passed by a 6 -0 vote. (Roehl absent) The intent motion passed on a unanimous vote and will be attached to the Ordinance. Minutes July 16, 1981 page five Hawley left the meeting at 10:25 p.m. to go to work. Hansey moved for the adoption of the Ordinance authorizing a revised budget increasing the Non - Departmental budget of the Current Expense Fund (payment of NACO dues). Motion passed by a 4 -1 °vote. (McIntyre) (Hawley and Roehl absent) OPEN SESSION Warren Brester of 642 E. Smith Rd. wanted to know the proper procedures to remove Joe Elenbaas, County Planning Commissioner, from office, citing concern with certain actions of Mr. Elenbaas. John Kunnap was also concerned with the removal of Joe Elenbaas from office. The two are to meet with the Council Chair on Friday, a.m. to discuss the matter. Henry Feenstra of the Guide Meridian thanked Council for all they had done in the area of the Kellog /Horton Roads. Joe Larson, 4484 Guide Meridian stated the guide has completely changed. There are many violations to the zoning in this area. ()TURR RTTSTNFSS Continued discussion wa.s..held regarding the petition to rezone in the Kellog /Horton Road area:' Correspondence was "received from Bill Trimm, Planning Staff, giving the Planning Cgmmi�§sions sch. edul-e for the next four months. Hansey moved for th.e.;adoption of the 2esplution in the matter of priority to be given to updating the Comprehensive Land Use Plan and Zoning in the Urban'Fr nge area. " Hansey stated that in order to rezone the Comprehensive Plan must first be updated. On page two, line 4 the word "wishes" was struck and the works "request the Planning Commission" inserted. The motion passed by a 5 -0 vote as amended. ( Roehl and Hawley absent) The Council also reviewed the vacation of Central Avenue in the Town of Glacier. Muenscher reported the Planning Committee recommended approval of the vacation. He recommended the value placed on the land be cut in half, since the vacation does benefit the public. Johnson moved to amend the motion to give half the land without charge to the Fire District and have Mt. Baker Recreation pay the assessed value for their half. Motion to.amend.failed on a 2 -2 vote.. (Muenscher, Van Zanten voting no) ( Hansey abstained) ( Roehl and Hawley absent) Muenscher moved to grant the vacation at the 50% reduction of assessed value. Motion passed by majority vote. Minutes July 16, 1981 page six Muenscher moved to defer action on the vacation of the Plat of Lummi Park, petitioned for by H.L. Kelley until the August 6 meeting. Motion passed unanimously. The Council discussed the land exchange between Leonard Cowden and Whatcom County. Muenscher so moved to have the petitioner file two independent appraisals and that a Resolution will be drawn up for the exchange. Motion passed unanimously. Council discussed the violation of Whatcom County Cablevision regarding their franchise. The Cable Company has raised their rates two years in a row without consulting the County, which is in viola- tion of their franchise. McIntyre moved to send a letter to the company requesting information pertaining to the rate increases be given to the. Council by August 4, stating that if the information is not received action will begin to void the franchise. Motion passed. A petition requesting,, a one I Zyear extension `of,' the Preliminary Plat of Sea Cliffe Park was received and sent to the Planning Committee for review. Council reviewed the.rate increases of Nation Wide Cablevision that had been before the Rate Review Board. Hanse.y moved to approve.the action of the Board in setting the rates. Motion passed unanimously. A petition requesting the alteration of plat lines in the Plat of Birch Bay View, filed by Bill Randall was received and sent to the Planning Committee for review. The application of Point Roberts Development Company for extension of Preliminary Plat approval to create and develop a residential subdi- vision known as "Whalen Estates" was received and sent to the Planning Committee for review. o INTRODUCTION OF ORDINANCES AND RESOLUTIONS Muenscher moved to have item 7 be number 1 on the agenda under introductions. Motion passed.. Muenscher introduced and moved for final adoption of.;the Resolution in the matter of recommending that Whatcom County be given Disaster Designation. Motion passed on a 5 -0 vote. (Haw -ley and Roehl absent) Minutes July 16, 1981 page seven Hansey moved to add the ordinance establishing the Whatcom County Noxious Weed Control Board to the agenda. Motion passed. Hansey introduced the following Ordinances and referred all to the Finance Committee for review: 1. Ordinance regarding a supplemental budget request for Nor - Bell Nursing Home 2. Ordinance adopting a supplemental budget for the Public Works Department Solid Waste Management Fund 1981 budget 3. Ordinance adopting a 1981 budget for the Public Works Department, County Garage -shop Construction Fund 4. Ordinance authorizing a revised budget increasing the Non - Departmental of the Current Expense Fund Muenscher introduced and moved for final adoption the Resolution approving the withdrawal of Territory from Water District No. 17. Motion passed on,a 5 -0 vote. (Roehl and Hawley absent) Muenscher introduced the Ordinance establishing the Whatcom County Noxious Weed Control Board and referred it to Committee of the Whole for review. COMMITTEE REPORTS Van Zanten reminded everyone of the Ad -hoc Committee meeting, Friday, July 17, 1981, to review the Franchise Ordinance. Hansey then made a point of personal privilege, stating the following: "I was one of the people,.. who ,helped. draft the Home Rule Charter and'one of the purposes of the Home:Rule Charter was to provide for openness' to the public, public input, the opportunity for: the •public to have ,part of government, a say so in government, and as.a member'of this Council I've been strongly `.supportive :of .the idea that we do have open time in every meeting. I've been critical at times of people not coming in to discilss- Council, matters and'County matters at open sessions 'bi' I'd have to say that as a member of this Council, I'm.somewhat embarassed to be.a recipient or a part of the body that had to use our time for public input for, what I would state was character assassination, unfounded charges, claims, and its not the purpose of the open session to do that. I don't know what the answer is on how to avoid that type of thing, but I think if you would use your imagination, if it was carried to extremes it could be a very disruptive, unruly, and a situation that I don't think would be in the best interest of the County. I think the people involved were completly out of order. The items that they brought before us- M..nutes page eight July 16, 1981 were not matters for this Council to consider at this time. If they have charges, claims, inuendo, whatever, there are other quorums, but I would certainly hope . that the public hearing time of this Council that we are not, lets say subjected to that type of thing in the future and if we are I would hope that we can consider it accordingly and proceed accordingly." Meeting was adjourned at 11:15 p.m. q, P '.achment I THE FOLLOWING PERSONS GAVE TESTIMONY DURING THE HEARING HELD ON THE RESOLUTION ADOPTING WHATCOM COUNTY SIX -YEAR COMPREHENSIVE ROAD PROGRAM FOR 1982 THROUGH 1988 Roy Philipper Cabrant Road - Concerned with the dip z the way up the Cabrant Rd. Would like to have this filled in. Cero Paylo - Stated there were 26 houses Cabrant Road on the Cabrant Road. The road serves as a direct access to Great Western Lumber Yards. Dust is the extreme problem in the summer. In the winter, during a silver thaw, you cannot drive up the road. Gene Westgate - asked Council to please upgrade Cabrant the road Susan Liebraht - School buses use the road, which Cabrant Road is unsafe. Beverly Vosser - Concerned with the school bus Cabrant Road situation. Cannot drive up the road in the winter. More families are moving in. A lot of traffic. Steve McMurray - Stated the Goodwyn Road had Cabrant Road been paved and was a dead end end road, and the Cabrant Road was not done and it is used by more traffic. Robert Frost - Said priorities should be estab- Guide Meridian lished of these roads. Cleo Callan - Concerned with why the work done on the roads is not put out to private contract more often. il