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HomeMy WebLinkAboutCounty Council for November 5 1981WHATCOM COUNTY COUNCIL Minutes November 5, 1981 The Whatcom County Council meeting was called to order at 7:30 p.m. November 5, 1981, by Chair Van Zanten with Hansey, Roehl`, Muenscher, Hawley, and McIntyre present for roll. Roehl read a memorandum from Johnson stating he would be unable to attend the meeting since he was attending a dinner honoring Chief Mangen. The minutes of the previous meeting were approved as presented. UV ADTAT(_Q Hearing was declared open on the petition requesting the establish- ment of a dog control zone in the Sudden Valley area. J. P. Daem, Manager of Sudden Valley Community Association was present to answer any questions the Council might have. No further testimony was given and the hearing was closed. Roehl moved to introduce an ordinance creating Whatcom County Dog Control Zone No. 2 in the area of the Plat of Sudden Valley, to be referred back to the Council in two weeks. Motion passed unanimously. Hearing was declared open on the Ordinance in the matter of amending an existing franchise for Delta Cable Television Ltd. and extending the term for tqn (10) years, from 1983 to 1993. John Thomas, Vice - Preseident of Delta Cable was present. He stated all subscribers to the present cable system have been notified. Ken Ford, Point Roberts, stated he has no objections to the ordinance, but would like to see time frames estab- lished on the projects Delta Cable undertakes. Van Zanten stated she had received correspondence from Point Roberts Voters Association requesting it to be a non - exclusive franchise. She had also received a phone call from Sid Wallace, Point Roberts Voters Association, who requested the franchise to be the same as the one previously granted to Satellite Scanners, Inc. No further testimony was given and the hearing,was closed. Van Zanten stated the language in the ordinance that states it was amending the previous ordinance needs to be changed. She stated that this was replacing the original ordinance, not just amending it. Paul Rushing stated the Prosecuting Attorney's office had approved the ordinance to form and it is an amending ordinance and not a new ordinance. Roehl moved to hold the ordinance for two weeks and have the Prosecuting Attorney's office review it further. Motion passed unanimously. The ordinance will be back on the November 19 agenda for final consideration. Whatcom County Council Minutes November 5, 1981 page two M Hearing was declared open on the Ordinance amending Whatcom County Code, Section 8.12.010, regarding the fee schedule for solid waste disposal at all Whatcom County solid waste sites excluding Maple Falls and Glacier sites. Executive Louws explained the ordinance. No further testimony was given and the hearing was closed. Hawley stated the Public Works Committee recommended "do pass" and moved passage of the ordinance. Van Zanten questioned the implementation date. Rushing stated ten (10) days was sufficient. Louws stated he had spoken with Bob Jurica, Assistant Engineer, who had discussed the matter with all commercial haulers, and the ten (10) days would be sufficient. Roehl moved to have the effective date of the ordinance be December 5, 1981. Motion passed unanimously. Motion to adopt the ordinance passed unani- mously. All commercial haulers will be notified. Hearing was declared open on the Petition requesting the vacation of a portion of Cedar Acres Road, filed by Henry and Lois Sybouts. The petitioners were not present. No testimony was taken and the hearing was closed. Roehl stated the Planning Committee recommended approval of the vacation subject to the payment of the $250.00 value of the property and also the joining of a small triangular piece of property with tax lot 4.9. Hawley stated the Public Works Committee recommended approval. Roehl so moved to approve the vacation subject to the two conditions above. Motion passed unanimously. Hearing was declared open on the Petition requesting the vacation of a portion of Cedar Street in Birch Bay Park Plat, filed by Norma McInnes. The petitioner was not present. No testimony was taken and the hearing was closed. Hawley stated the Public Works Committee recommended approval of the vacation as per the Engineer's Department recommendation. Roehl stated the Planning Committee recommended approval subject to the payment of the $4,800.00 value of the property and also the retention of a ten foot easement by the County. Hawley so moved to grant approval of the vacation subject to the above stated conditions. Motion passed by majority vote. Hearing was declared open on the Resolution in the matter o� amending the Justice Court Districting Plan Xor Whatcom County, Mick Moynihan of the City of Bellingham was present to answer any questions. Hansey asked what additional costs will be taken on by I Whatcom County Cou it minutes November 5, 1981 page three Whatcom County. Moynihan answered by saying none at the present time. No further testimony was taken and the hearing was closed. Roehl moved to adopt the Resolution. Motion passed unanimously. EXECUTIVE ITEMS Council approved the following two bid awards presented by the Executive: 1) Fuel Tanks for the Central Garage Facility - Bid to go to Ace Tank & Euipment of Seattle for one new 20,000 gallon steel tank in the amount of $8,036.00 and one new 10,000 gallon steel tank in the amount of $4,621.00 plus tax of $683.48, for a total of $13,340.48 2) Computer System for the Engineer's Department - Bid to go to Hewlett- Packard Company for a HP 38A computer system for a total lease purchase price in three years of $20,141, plus the state sales tax. Executive Louws also presented the Council with three proposals fo the Cherry Point Water and Sewer Study investigation and feasibility study, recommending the proposal of Ray Weden and Associates be accepted. Hawley stated the Public Works Committee recommended acceptance of the Weden proposal. Hansey stated the Finance Committee recommended acceptance of the Weden proposal as per the Executive. Hawley moved to accept the proposal of Ray Weden and Associates. Motion passed unanimously. FINAL CONSIDERATION OF ORDINANCES AND RESOLUTIONS Muenscher moved to accept draft two of the Ordinance amending Whatcom County Code Chapter 12.20 in order to establish a time limit for finalization of road vacations. Motion passed unanimously. Roehl moved the ordinance for final passage. Roehl moved to insert on line 25, " Whatcom County Council Clerk." Motion passed unanimously. Motion to adopt the ordinance passed unanimously. Hansey moved for final passage the Ordinance authorizing a revised budget for the Civil Service Commission budget of 1981. The Finance Committee recommended approval of the $505.00 revision. Motion passed by majority vote, 5 -0. (McIntyre not present) Roehl moved to adopt the Resolution regarding the adoption of custodial care standards for the new Whatcom County Jail Facility. Roehl stated the Public Safety Committee recommended passage of the resolution. He stated it is necessary to pass this resolution in order to continue with the jail facility. Motion passed unanimously. .Whatcom County Council Minutes November 5, 1981 page four OPEN SESSION No one spoke in the opportunity of open session. OTHER BUSINESS The Hearing Examiner recommendations regarding the application of Michael Slavich for preliminary plat approval of Elden Park was received and referred to the Planning Committee for review to be back on the Council agenda in two weeks. Consideration of the Joint Powers Agreement, Bellingham /Whatcom County District Department of Health was held. A Committee of the Whole meeting was held on October 13, 1981 with the City, where new language was agreed. Hansey moved to approve the language on the most recently amended draft. There was discussion on the financial commitment of the County and City to the District and on possibly pursuing a separate Health Department in the future. Motion passed unanimously. The petition to name a road in Eagle Creek Short Plat, Eagle Flyway was also considered. Roehl, Public Safety Committee, stated the Engineer's and Prosecuting Attorney's Department recommended denial because it'is a private road and the potential of liability on the County. The Committee recommended taking no action on the petition. Roehl will meet with the Engineer and petitioner. The petition regarding the request for the closure of Lake Whatcom Boulevard North of Cable Street was before the Council for final considera- tion. Roehl, Public Safety Committee, stated the Engineer's Department recommended installing traffic buttons at intersections, warning signs, and painted street lines. Executive Louws requested that he meet with the Engineer to review the matter further. Council agreed and the matter will be back in one month. Communication was received from Goshen Grange No. 856 of a resolu- tion regarding supplying water and sewer for Cherry Point industrial area. A petition regarding the Lake Whatcom Railroad relocation to Wickersham, filed by the residents of that area was received. Letters were received on the subject from the following: Jackie Kehoe, T. D. Parsons, Bruce and Jean Rothenbuhler, Frank Culp, Florence and Charles Harris, Ethel and D. H. Sparling, Allan and Lorraine Harris, David Foster, _on tge m tier $� Council The Haner farmily. No action will be taken /and t e Ciai.r wi 1 so respond to the petitioners. u'hatcom County Cou__.;il Minutes November 5, 1981 page five INTRODUCTION OF ORDINANCES AND RESOLUTIONS Hansey moved to add the following to the agenda: 1) Resolution of the County Council of Whatcom County, Washington, fixing the interest rate to be paid on Interim Warrants to be hereafter issued by Consoli- dated Drainage Improvement District No. 31 2) Contract authorizing consulting services for the Nor -Bell sewer site, Harper -Owes 3) Ordinance relating to the defense and indemnification of James V. Hawley, Jr., Whatcom County Council Member Motion passed unanimously. Hansey introduced the following ordinances and they were referred to the Finance Committee by unanimous vote: 1) Ordinance authorizing the levy of taxes for County and State purposes for the year of 1982 pursuant to Home Rule Sec. 6.10 2) Ordinance in the matter of the adoption of the final budget for the year 1982 3) Ordinance authorizing a revised budget of the Northwest Washington Fair Fund 4) Ordinance authorizing a revised budget for the Personnel budget, 1981 5) Ordinance authorizing a revised budget for the Mental Health/ Drug Abuse Fund 6) Draft II, Ordinance authorizing the diverting of a portion of a County Road levy to the Current Expense Tund.to be used for the support of the County Law:.Enforcement services in the unincorporated areas of(�Whatcom:County 7) Ordinance authorizing and establishing payments to the Visitor and Convention Bureau 8) Ordinance establishing a reasonable fee for copies of the budget, supporting tables, and budget message as provided for in the Whatcom County Home Rule Charter, Article 6, Section 6.50 9) Ordinance amending the Whatcom County Shorelines Management Program adopted May 27, 1976 and amended June 26, 1978 and modified by amending Chapter 8, Section 8.3, Subsection B -2 and repealing Ordinance No. 79 -62 adopted the 29th day of November, 1979, public hearing set for November 19, 1981 10) Ordinance amending the Whatcom County subdivision regulations by repealing Ordinance 79 -62 and by modifying sections 8.20.030, 8.20.130, 8.20.140, 8.28.020, 8.28.040, and 8.44.015 A public hearing set for November 19, 1981 11) Ordinance amending the Whatcom County Interim Zoning Ordinance and amendments thereto originally adopted July 6, 1972 and repealing Ordinance No. 79 -62 adopted the 29th day of November, 1979, A public hearing set for November 19, 1981 Whatcom County Council Minutes November 5, 1981 page six Hawley introduced the Ordinance establishing the Whatcom County Noxious Weed Control Board Fund and it was referred to the Finance Committee for review. Hawley introduced the Ordinance establishing Whatcom County Ferry Rates for 1982 and it was referred to the Public Works and Finance Committees and a-public hearing will be set up. Hawley moved to have item 7, ordinance regarding the Road levy to be reviewed by the Public Works Committee also. Motion passed unanimously. Hansey introduced and moved for final passage an emergency ordinance establishing a reasonable fee for copies of the budget, support- ing tables, and budget message as provided for in the Whatcom County Home Rule Charter, Article 6, Section 6.50. Motion passed unanimously. Roehl moved to introduce an Ordinance amending the Whatcom County Zoning Text to clarify 2.24.770.592 and it was referred to the Planning Committee for review by unanimous vote. Muenscher introduced an ordinance regarding the matter of placing a stop sign on the Goshen Road., at its intersection with the Mission Road. It was referred to the Public Safety Committee and a public hearing will be set up. Hawley introduced a resolution regarding the matter of adoption of Whatcom County's 1982 Road Construction Program and it was referred to the Public Works Committee. A public hearing will also be set up. Roehl introduced and moved for final adoption the Resolution of the County Council of Whatcom County, Washington, fixing the interest rate to be paid on Interim Warrants to be hereafter issued by Consoli- dated Drainage Improvement District No. 31. Motion passed unanimously. Hansey left the meeting at 9:29 p.m. Council also reviewed the contract for consulting services for the Nor -Bell Sewer Site with Harper -Owes. Rushing stated the contract reflects the Council's desire from its Committee of the Whole meeting. Muenscher asked if the Bakerview area could also be included in this study. Rushing stated this could be done if the Council so wished. There was considerable discussion on this matter. Hawley moved to accept the agreement with Harper -Owes as presented, to include the Nor -Bell area only. Motion passed by majority vote. The Chair will Whatcom County Co —icil Minutes November 5, 1981 page seven send the request of Muenscher to the consultant under a separate cover. Hansey returned to the meeting at 9:50 p.m. McIntyre introduced the ordinance relating to the defense and in- demnification of James V. Hawley, Jr., Whatcom County Council Member. It was sent to the Prosecuting Attorney's office and the Finance Committee for review. COMMITTEE REPORTS Hearing on Title 20 will be November 9, 1981. The Finance Committee of November 10th is cancelled. Meeting adjourned at 9:55 13