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HomeMy WebLinkAboutCounty Council for October 1 198111 WHATCOM COUNTY COUNCIL Minutes October 1, 1981 The meeting was called to order at 7:40 p.m. with all members present for roll. The minutes of the previous meeting were approved as presented. WTPARTMrR Hearing was declared open on the Petition requesting a road in Eagle Creek Short Plat to be named "Eagle Flyway," filed by residents of the Plat area. No testimony was given and the hearing was closed. Johnson reported the Public Safety Committee had reveiwed the matter and requested the decision on the petition be held for 30 days, as a Engineer's report had not yet been completed. Johnson so moved to postpone the decision for 30 days. Motion passed unanimously. Hearing was declared open 'on the Petition to alter plat lines of Lot 11, Block 16 and Lot 8, Block 17 in the Plat of Birch Bay Park First Addition, filed by Thomas and Joan Glendinning and Donald and Celia E. Grierson. No testimony was given and the hearing was closed. Roehl reported the planning Committee had reviewed the petition and recommended "do pass." Roehl so moved to grant the request. Motion passed unanimously. IIearing was declared open on the Petition to alter plat lines of Lots 2 and 3 in the Plat of Georgia Point, filed by Donald Hawley. Petitioner was present. D. Hawley stated he wants the line changed in order to build another residence. Roehl stated the Planning Committee reviewed the petition and had further questions. The Prosecuting Attorney's office had recommended denial. No further testimony was given and the hearing was closed. Roehl read a report from the Building and Codes Department. He wlso stated that the Health Department would not allow water to this lot from Lake Whatcom. Rick Andrea, son -in- law to Mr. Hawley stated he had spoken with Bert Brainnard who assured them that if the lot line were moved, water could be taken out of the lake. McIntyre moved to grant the request. Motion passed unanimously. Hearing was declared open on the Petition to alter the plat of Cedarbrook Court, filed by Ronald L. Jeffrey. The petitioner eras- present. No testimony was given and the hearing was closed. Roehl stated the Planning Committee had reviewed the request and recommended approval. Roehl so moved to grant the request. Motion passed unanimously. Whatcom County Council Minutes October 1, 1981 page two Hearing was declared open on the Ordinance regarding the prohibi- tion of parking at the dead -end of the Roy Road. No testimony was given and the hearing was closed. Johnson reported the Public Safety Committee had reviewed the ordinance and had several questions to be answered. The ordinance was held in committee to await further information from the Engineer's Department. It will be back on the agenda in two weeks for final consideration. Bearing was declared open on the Resolution in the matter of de- claring a mobile home located in Point Roberts, Washington as surplus property. No testimony was given and the hearing was closed. Hawley moved for final passage the resolution and direct the County Treasurer to sell the property. Motion passed unanimously. EXECUTIVE ITEMS Council confirmed the following Board appointments by unanimous vote: Mrs. Eileen Schenck to Nor -Bell Nursing Home Board of Trustees - term to start immediately and'expire on January 15, 1983 Mrs. George Knowles to the T.S. Hamilton Fund - term to start October 16, 1981 and expire October 16, 1986 Executive Louws also requested a meeting to be set up in the next week or two to discuss the Sheriff Department's Labor Contract. The Chair will set up the meeting when the contract is ready for review. The Executive also requested to be authorized to amend and sign the contract with Computer Tech. He stated a performance bond, which was included in the contract, could not be obtained for professional services of this kind. He had spoken with the Prosecuting Attorney's office and had drawn up new language to provide for a $100,000 insurance policy in lieu of a performance bond and also language to protect the County from default. Hansey moved to include under Item 3 of the contract a life insurance policy in the amount of $100,000, payable to the County as beneficiary, be provided in lieu of a performance bond, and also language to be inserted to provide that in the event of any default by the company that the application program documentation, source program listings and source program codes be made available to the County either directly from Computer Tech or the County has the option to re- trieve these from any other customer Computer Tech has ever had. Motion passed unanimously. 9 Whatcom County CounC41 A?inutes October 1, 1981 page three OPEN SESSION No one spoke in the opportunity of open session. FINAL CONSIDERATION OF ORDINANCES The Ordinance authorizing a revised supplemental budget for Assigned Counsel was before the Council for final consideration. Iiansey moved to accept the substitute draft of the ordinance. Motion passed unanimously. Iiansey moved the ordinance for final passage. He stated two weeks ago a emergency ordinance was passed on the same matter. The emergency ordinance is only effective for 60 days and therefore this ordinance needs to be adopted. Muenscher spoke against the ordinance. Motion passed on a 5 -2 vote. (McIntyre, Muenscher) Council also considered the Ordinance adopting a supplemental budget for Federal Shared Revenue Fund 1981 budget to provide for funding of Phase I of the Cherry Point heavy industrial water and sewer study and developing mutual benefit agreements with affected agencies and preliminary cost estimates, rate structures and funding methods and grant applications for submittal to state agencies for funding of the feasibility study. Roehl moved the ordinance f.or final passage. Iiansey stated the Finance Committee had reviewed the ordinance and recommended "do pass." Hawley stated the Public Works Committee had also reviewed the matter and recommended "do pass." Van Zanten stated this will just authorize the $20,000 to be spent. A contract will still be brought to the Council for finalization. Johnson also stated that other areas of the County should be looked at. He stated that Mayor Ken Hertz of Bellingham had spoke to the Bakerview /IIannegan area, saying that water and sewer services may be available to the area from the City without annexation. Motion passed on a 6 -1 vote. (McIntyre) OTHER BUSINESS Council by unanimous vote elected Bob Muenscher to the 911 Study Task Force to represent the Council. The initial meeting of the Committee is set for October 5, 1981 at 4:30 p.m. in the conference room. 11,1hatcom County Council Minutes October 1, 1981 page four Correspondence was received from Executive Louws requesting the County to review a proposed Senior Citizen price reduction on their monthly billing from Nationwide Cablevision. Senior Citizens within the City Limits receive a price reduction as stated in Nationwide's franchise granted by the City of Bellingham. The franchise granted by the County odes not have this item included in it. Hansey moved to refer the matter to the ad -hoc franchise committee for review. Motion passed by majority vote. Communication was also received from Executive Louws relating to the sale of mineral rights in Whatcom County. Hansey stated the Finance Committee had reviewed this and requested an ordinance to be drafted regarding the retention of mineral rights on County properties in the future. Hansey moved to add to Introductions as item #11, the ordinance providing for the sale and conveyance of County -owned property, real or personal or mixed, including Tax Title land, and reserving the mineral rights of such land in any sale or conveyance made of county land under the provisions as provided for in RCW Chapter 36.34. Motion passed unanimously. Correspondence was received from the Downtown Development Associa- tion requesting Council participation in an informal Community Advisory Group. Roehl moved to have Hansey represent the Council at the first meeting for informational reasons only and to report back to the Council at its next meeting. Motion passed by majority vote. The Findings of the Board of appraisers regarding the extension of boundaries in Drainage Improvement District #31 were received. Johnson moved to accept the findings of the Board as presented in their September 18 minutes and to extend the boundaries as requested. Motion passed unanimousl. Council also received the Board of Commissioners of Water District #10 submitted Resolution No. 325 regarding the amendment to the Comprehensive Plan for a system of sewers of the District for review. Roehl moved to send the resolution to the Planning Committee for review and also to request the Prosecuting Attorney's office to draft a Resolution for approval of the request, to be back on Council agenda for October 15. Motion passed unanimously. A petition for the vacation of Cedar St., filed by N. McInnes was received. Roehl moved to send it to the Public Works Committee for review and for a public hearing to be set up. motion passed unanimously. Whatoom County Council Minutes October 1, 1981 page five The application of Leib Alexander for Preliminary Plat approval to create and develop a residential subdivision known as "Lencam Estates" was received by Council. Roehl moved to send the request to the Planning Committee for review. Motion passed unanimously. INTRODUCTION OF ORDINANCES AND RESOLUTIONS nuenscher moved to add to the introductions at the end the following two matters: 1) Ordinance authorizing a revised budget for the Whatcom County Jail Budget, 1981 2) Resolution in the matter of a financial commitment to the 1982 Bellingham /Whatcom County District Department of Public Health Motion passed unanimously. Hawley introduced the Ordinance amending Whatcom County Code, Section 8.12.010, regarding Garbage Disposal Fees. It was referred to the Public Works Committee for review and a public hearing will be set up. The following ordinances were introduced by Hansey and referred to the Finance Committee for review by majority vote: 1) Ordinance amending Ordinance No. 81 -62 for the distribution of salaries and benefits 2) Ordinance authorizing a revised budget for the Election Reserve Fund 3) Ordinance authorizing a revised budget for the Mental Health Fund 4) Ordinance authorizing a revised budget for the Park and Re- creation Fund 5) Ordinance authorizing a revised budget for the Law Library/ Federal Shared Revenue Fund 6) Ordinance authorizing the establishment of a revolving fund for the County Treasurer Department Roehl introduced the Ordinance amending Whatcom County Code Chapter 12.20 in order to establish a time limit for Road vacation petitions. It was referred back to Council for October 15 by unanimous vote. Reohl introduced and moved for final adoption the Resolution in the matter of approval of Whatcom County Water District #8 Comprehen- sive Plan. Roehl moved to amend the resolution on line 24 to strike after the word and "the existing district south boundary shall not be expanded and",-and insert after the word and "provided further that." c^otion to amend passed by majority vote. t,lotion to adopt the resolution passed by a 4 -3 vote. IN Whatcom County Counci Minutes October 1, 1981 page six Johnson introduced the Resolution regarding the adoption of custodial care standards for the new County Jail facility. It was referred to the Public Safety Committee for review by majority vote. Hansey introduced the Ordinance providing for the sale and conveyance of county -owned property, real or personal or mixed, including tax title land, and reserving the mineral rights in such land in any sale or conveyance made of county land under the provi- sions as provided for in RCIV Chapter 36.34. It was referred to the Public Works Committee for review by unanimous vote. Hansey introduced the Ordinance authorizing a revised budget for the Whatcom County Jail Budget, 1981 and it was referred to the Finance Committee for review by unanimous vote. Flansey introduced and moved for final adoption the Resolution in the matter of a financial commitment to the 1982 Bellingham /Whatcom County District Department of Public Health. McIntyre stated he was against the commitment, saying the County does not know its financial picture for 1982. Motion to adopt passed on a 6 -1 vote. (McIntyre) Muenscher asked if certain amendments had been received from the City regarding the Health Department. Van Zanten stated they had just been received this morning. Copies will be given to each Council member. COMMITTFE REPORTS Johnson reported the Public Safety Committee had met with a r.Ar. Lloyd Austin and had discussed a speed control for boats on Lake Whatcom. lie will work with the Prosecuting Attorney's office on drafting an amendment to a previously adopted Ordinance. R.oehl stated he had received two letters in regards to the Ordinance relating; to the encroachment permit process. One from Brian Matsuyama, attorney for Cascade Natural Gas and the other from Colonel F. Betts, attorney for Continental Telephone of the Northwest. The letters were handed over to the Chair for further direction. Johnson stated he would be out of town October 13, 14, and 15 at Jail Commission Hearings in Spokane and as a result would miss the October 15 Council meeting. Muenscher moved to excuse Johnson. h4otion passed unanimously. Meeting adjourned 9:4:0 p.m.