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HomeMy WebLinkAboutCounty Council January 7 1988WHATCOM COUNTY COUNCIL January 7, 1988 The meeting was called to order at 7:30 p.m. by Council Chair Burton with Hawley, Johnson, Muenscher, Roehl and Warner present. APPROVAL OF MINUTES The minutes of the meeting of December 17, 1987 were approved. SPECIAL.ORDER OF BUSINESS RESOLUTION OF APPRECIATION TO J.V. "JIM" HAWLEY, JR., FOR HI.S SERVICE ON THE WHATCOM COUNTY COUNCIL Burton read the resolution. ROEHL MOVED TO APPROVE THE RESOLUTION. The motion carried. Burton presented the resolution to Councilman Hawley and thanked him, on behalf of the Council and the citizens of Whatcom County, for his service to the County. RESOLUTION OF APPRECIATION TO R.W. "BOB" MUENSCHER FOR HIS SERVICE ON THE WHATCOM COUNTY COUNCIL Burton read the resolution. JOHNSON MOVED TO APPROVE THE RESOLUTION. The motion carried. Burton presented the resolution to Councilman Muenscher and thanked him, on behalf of the Council and the citizens of Whatcom County, for his service to the County. EXECUTIVE ITEMS REQUEST FOR AUTHORIZATION TO SIGN A SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND JEFF BROWN FOR PLANNING AND COORDINATION OF SOLID WASTE REDUCTION AND RECYCLING ACTIVITIES REQUEST FOR AUTHORIZATION TO SIGN A SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND BELLINGHAM COMMUNITY RECYCLING FOR SOLID WASTE REDUCTION AND RECYCLING ACTIVITIES Executive Van Zanten explained the proposed contracts, and distributed revised attachments for the contract with Bellingham Community Recycling. January 7, 1988 Page 2 Warner reported that the Finance Committee recommended approval of both contracts. WARNER MOVED TO AUTHORIZE THE EXECUTIVE TO SIGN BOTH CONTRACTS. There was discussion on the motion. The motion carried. APPOINTMENTS TO DEVELOPMENTAL DISABILITIES BOARD: RICHARD PERRY AND ROMNEY GIBSON TO THREE -YEAR TERMS TO RUN FROM 1/1/88 TO 12/31/90; AND SHARRON CRAWFORD TO REPLACE JOANN TRIP.WHO RESIGNED, TERM TO RUN THROUGH 12/,1 /89 Executive Van Zanten presented the proposed appointments. HAWLEY MOVED TO CONFIRM THE EXECUTIVE'S APPOINTMENTS. The motion carried. APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD: MARY ELLEN NUN 11 KUM 1/ 1/00 l U I C/ S 1 / yU; rtiN ti 1VC /JUN � WILLIAM Al i tt51;111, A1V11 THELMA PIERRON TO TWO -YEAR T.ERMS.TO RUN FROM.1/1/88 TO 12/31/89.; LAUGHLAN CLARK, VIRGINIA SAVEY AND MARY ELLEN O'KEEFE TO ONE YEAR TERMS TO RUN FROM 1/1/88 TO 12/31/88 Executive Van Zanten presented the proposed appointments. JOHNSON MOVED TO CONFIRM THE EXECUTIVE'S APPOINTMENTS. The motion carried. APPOINTMENTS TO SUBSTANCE ABUSE BOARD: MARIE USITALO, JOE JOHNSON, AND VELMA WENDT TO THREE -YEAR TERMS TO RUN FROM 1/1/88 TO 12/31/90; ETHEL CARPENTER, TOM WILLERT AND WALT SWINBURNSON TO Executive Van Zanten presented the proposed appointments. HAWLEY MOVED TO CONFIRM THE EXECUTIVE'S APPOINTMENTS. The motion carried. January 7, 1988 Page 3 REAPPOINTMENTS TO MUSEUM BOARD OF ALIX SNYDER AND NEIL MULLEN, THREE YEAR TERMS TO RUN FROM 2/1/88 TO 1/31/9.1 Executive Van Zanten presented the proposed appointments. JOHNSON MOVED TO CONFIRM THE EXECUTIVE'S APPOINTMENTS. The motion carried. APPOINTMENT TO THE BELLINGHAM /WHATCOM COUNTY HOUSING AUTHORITY OF ANN ROSE, TO COMPLETE THE TERM OF HORTENSE WESTERMAN, TERM TO RUN THROUGH 4/18/90 (CONCURRENT APPOINTMENT AT CITY OF BELLINGHAM'S REQUEST) Executive Van Zanten presented the proposed appointment. HAWLEY MOVED TO CONFIRM THE EXECUTIVE'S APPOINTMENT. The motion carried. REPORT OF THE EXECUTIVE Letter from Prosecuting Attorney David McEachran Copies of the letter, which listed some of the City of Bellingham's contributions to the County Drug Fund, were distributed. Progress in safety /health area during 1987 . A list of the county's accomplishments in this area during the past year was distributed. The Executive reported that road sign vandalism was costing the county approximately $100,000 per year. HEARINGS RESOLUTION TO SELL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE (SUDDEN VALLEY AND EMERALD LAKE LOTS) Warner explained the resolution and reported that the Finance'Committee recommended its approval. WARNER MOVED TO APPROVE THE RESOLUTION. The public hearing on the resolution was opened; there was no testimony and the hearing was closed. January 7, 1988 Page 4 The motion carried. PETITION FOR VACATION OF A SECTION OF COUNTY ROAD. NUMBER 1�1, FILED BY JOANN K. OLDER ET AL. Muenscher explained the petition and reported that the Planning and Development Committee recommended its approval. MUENSCHER MOVED TO APPROVE THE PETITION WITH THE ENGINEER'S ASSESSED VALUATION OF $4950. The public hearing on the petition was opened; there was no testimony and the hearing was closed. The motion carried. ORDINANCE REGARDING THE MATTER OF ESTABLISHING SPEE.D.LIMITS.ON HORTON ROAD, MANLEY ROAD AND HARBORVIEW ESTATES PLAT ROADS Johnson explained the ordinance.. The public hearing on the ordinance was opened; there was no testimony and the hearing was closed. . Johnson reported that the Public Services Committee recommended adoption of the ordinance. JOHNSON MOVED TO ADOPT THE ORDINANCE. The motion carried unanimously. ORDINANCE TO AMEND CHAPTER 3.32 OF THE WHATCOM COUNTY CODE REGARDING SALES AND USE TAXES, TO ELIMINATE CERTAIN PROVISIONS AND REPEAL ORDINANCE 83 -20 Warner explained the ordinance and reported that the Finance Committee recommended its adoption. WARNER MOVED TO ADOPT THE ORDINANCE. The.public hearing on the ordinance was opened; there was no testimony and the hearing was closed. The motion carried 5 -1 (Hawley). January 7, 1988 Page 5 HER BUSINESS APPEAL OF HEARING EXAMINER'S DECISION ON CONDITIONAL USE PERMIT C.U. 43 -87 FOR HUMAN SERVICES ASSOCIATES1 FILED BY PARENTS AND NEIGHBORS OF ALDERWOOD SCHOOL .(RECONSIDERATION OF COUNCIL'S DECISION OF. 12/17/87) ROEHL MOVED TO OVERTURN THE DECISION OF THE HEARING EXAMINER ON CONDITIONAL USE PERMIT 43 -87. Roehl said he believed the Hearing Examiner had made an error of law in his interpretation of Section 20.22.150.159 of the zoning ordinance, which listed "retirement and convalescent homes and other health - related services consistent with the purpose of the district" as conditional uses. Roehl said he believed that "other health - related services" related back to the retirement and convalescent homes, not to other types of facilities such as alcohol treatment centers. He also stated that the Hearing Examiner's decision was erroneous based on the record, because the proposed use could not be made harmonious or compatible with the neighborhood, as required by the zoning code, regardless of the restrictions or conditions imposed. Hawley said he also believed that the proposed use could not be made harmonious or compatible with the neighborhood due to its proximity to an elementary school. Burton said he supported the argument that the Hearing Examiner erred in his initial interpretation of the proposed use as a conditional use in the zone in question. He pointed out that the proposed use was not consistent with the predominant land use pattern set forth for the district or with any of the other permitted and accessory uses listed for that zone. Warner stated that the term "and other health - related services" in the phrase "retirement and convalescent homes and other health - related services" could not logically be construed to mean services related only to retirement and convalescent homes. He suggested that concerns about the condition of the road could be addressed by upgrading the road, and concluded that while the Council might disagree with the Hearing Examiner his decision was not clearly erroneous and therefore should not be overturned. Further discussion followed about the traffic issue and the question of how the phrase, "retirement and convalescent homes and other health - related services" could be interpreted, and what interpretations would be consistent with the purpose of the district. January 7, 1988 Page 6 The motion carried 4 -2 (Muenscher, Warner) on a roll -call vote, and the Hearing Examiner's decision was thereby overturned. The meeting was recessed at 8 :22 p.m. and reconvened at 8 :30 p.m. OPEN SESSION Shirley Forslof County Auditor -Elect Presented to the Council an affidavit of personal property taxes unpaid during 1987 and considered uncollectible. Debbie Kiene Thanked Council for overturning the Hearing Examiner's decision on Illahee House conditional use permit 43 -87, and asked County to improve the roads in the area of the Alderwood School. Citizen identifying himself as the husband of the lady who just spoke Stated that while the appellants in the Illahee House case had tried to address the legal issues, they had been primarily concerned for the welfare of the school children. OTHER BUSINESS PLANNING COMMISSIONS'S RECOMMENDATIONS TO APPROVE REQUEST TO TRANSFER PROPERTY FROM DESIGNATED FOREST LAND TO OPEN SPACE /TIMBER, FILED BY MARLEN HANSEN; AND REQUEST FOR CLASSIFICATION OF PROPERTY AS OPEN SPACE /OPEN SPACE, FILED BY RICHARD AND PATRICIA VOGEL Muenscher reported that the Planning and Development Committee recommended approval of the Planning Commission's recommendations for both applications. MUENSCHER MOVED TO APPROVE THE PLANNING COMMISSIONS RECOMMENDATIONS FOR BOTH APPLICATIONS. The motion carried. RECEIPT OF OPEN SPACE APPLICATIONS FROM DALE AND ALICE LEE, PAUL CRANDALL, AND JERRY HUISMAN The applications were received by consent and referred to the Planning Commission. January 7, 1988 Page 7 NOTICE OF APPEAL OF HEARING EXAMINER'S DECISION ON SHORELINE PERMIT S 12 -87 FOR AGATE BAY PROPERTIES, FILED.BY NORTH SHORE NEIGHBORHOOD GROUP The notice of appeal was received by consent and placed on file pending receipt of the transcript. INTRODUCTION OF RESOLUTIONS AND ORDINANCES ORDINANCE IN THE MATTER OF AMENDING ORDINANCE N0, 83 -95, AN ORDINANCE ESTABLISHING A NO- SHOOTING ZONE IN THE AREA OF WISER LAKE, BY AMENDING SECTION B The ordinance was introduced by Muenscher, to be scheduled for a hearing and referred to the Public Services Committee. ORDINANCE AUTHORIZING A SUPPLEMENTAL BUDGET TO THE 1988 SEWER CONSTRUCTION FUND FOR ADDITIONAL IMPROVEMENTS TO THE FERNDALE WASTEWATER TREATMENT PLANT ORDINANCE IN THE MATTER OF AMENDING WHATCOM COUNTY CODE CHAPTER 2.641 SECTION 2.64.040, MILEAGE RATE, PROVIDING THE RATE AT WHICH OFFICERS AND EMPLOYEES OF WHATCOM COUNTY ARE ENT.IT.LED TO.BE REIMBURSED FOR PREAUTHORIZED USE OF PERSONAL AUTOMOBILES OR OTHER TRANSPORTATION EQUIPMENT IN CONNECTION WITH OR IN THE COURSE OF THEIR OFFICIALLY ASSIGNED DUTIES OR OTHER APPROVED TRAVEL IS FIXED AT NINETEEN CENTS PER MILE OR A FLAT MONTHLY RATE IF THE COST IS LESS THAN PROVIDING A PUBLIC VEHICLE IN ACCORDANCE WITH RCW 42.24.090, ORDINANCE TO REVISE THE 1988 CURRENT EXPENSE FUND, PUBLIC DEFENDER'S APPROPRIATION THEREIN ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.09.030, THE DUTIES OF THE PUBLIC DEFENDER The ordinances were introduced by consent and referred to the Finance Committee. RESOLUTION RECOGNIZING AND HONORING PATTI JEFFERSON FOR HER ACHIEVEMENTS AND GOALS IN HER PERSONAL LIFE, THE NATIONAL ROLLER SKATING CHAMPIONSHIP AND THE PAN AMERICAN GAMES Hawley introduced and read the resolution. ROEHL MOVED TO APPROVE THE RESOLUTION. The motion carried. January 7, 1988 Page 8 The meeting Was adjourned at 8 :45 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Tom Burton, Chair ATTEST: Carol Ebergson Clerk of the Coun it