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HomeMy WebLinkAboutCounty Council January 2 1986WHATCOM COUNTY COUNCIL MINUTES - JANUARY 2, 1986 The Whatcom County Council was called to order at 7 :35 p.m. by Chairman Roehl, with all members present. MINUTES The minutes of the Whatcom County Council, held on December 19, 1986, were approved as written. EXECUTIVE ITEMS • •• .•• •� • • •� i. IM a-FM WOL 44 Mel* HOUR FOR THE DEFENSE OF INDIGENT ADULTS IN I AND DISTRICT COURTS, Executive Van Zanten explained the background on the request for authorization to enter into the contract with Bobbink & Simmers. Becker reported that the Finance Committee recommended approval of the contract with Bobbink & Simmers. BECKER MOVED TO AUTHORIZE TO THE EXECUTIVE THE CONTRACT WITH BOBBINK & SIMMERS IN THE AMOUNT OF $1,200 FOR A MAXIMUM OF 400 HOURS, THEREAFTER AT THE RATE OF $40.00 PER HOUR FOR THE DEFENSE OF INDIGENT ADULTS IN SUPERIOR AND DISTRICT COURTS. The motion carried. f 4900"01z"961 aq- - Aiv This request pertaining to the disposal of leachate at the Ferndale Wastewater Treatment Plant has been held for two weeks. The Public Works Department is looking into a number of items relating to the contract with the City of Ferndale. [•12-4 • Ira Uhrig, Requests that Chairman Roehl withdraw Attorney from any participation in the Papetti 4015 Northwest case. He believes there is an Appear - Ave. Whatcom County Council Minutes - January 2, 1986 Page 2 ance of Fairness Doctrine violation. Presented letter to Council members pertaining to this accusation. DeeAnne Pullar Read her statement regarding proposed 2625 St. Paul Public Shoreline Access resolution. Questions why County government is involved in this. Chairman Roehl informed the audience that the Council office was contacted last week by Mr. Papetti and Mr. Papetti's attor- ney. Mr. Papetti has requested that the matter of the appeal from the Shorelines Hearing Board's decision on the Papetti dock be tabled for a period of time since he is still in the San Fran- cisco Bay area. _; PETITION FOR A NON- EXCLUSIVE FRANCHISE TO SANDY POINT IMPROVEMENT COMPANY FOR A PERIOD OF 25 YEARS Ron Peterson Posted a map showing the location 4443 Sucia Dr. of the area that the Sandy Point Improvement Co. is requesting the franchise for. The line is deteriorating in the tideflats and it is difficult to determine whether or not the line is leaking. If it is leaking, it is difficult to find where it is leaking and to repair it. Showed the Council a deteriorated coupling from that area. There is a potential for a health hazard if they were to lose pressure in that line. They would like to get it out of the salt water and onto dry land using the county right -of -ways. Doris Dyer Supports franchise for water line 3676 North Red improvements. River Road. Councilmember Muenscher reported that the Planning and Development Committee recommended approval of the non - exclusive franchise to the Sandy Point Improvement Company for a period of 25 years, provided that no new information would come out of the public hearing that was just held. Whatcom County Council Minutes - January 2, 1986 Page 3 There was discussion over the introduction of this ordi- nance. Chairman Roehl introduced the ordinance for a non- exclusive franchise to Sandy Point Improvement Company for a period of 25 years; action will be taken at the next Council meeting, scheduled for January 16, 1986. ''�K•]�•�i�iali:V �iti�i�i : � � � • • � ORDINANCE AMENDING ORDINANCE #85 -3 WHICH PERTAINS TO COUNTY FIRE MARSHAL SERVICES AND ARSON INVESTIGATION BY DELETING SECTION 4 OF THAT ORDINANCE ENTITLED "SUNSET CLAUSE." Becker reported that the Finance Committee had recommended approval of the ordinance amending Ordinance #85 -3. BECKER MOVED TO APPROVE THE ORDINANCE AMENDING ORDINANCE #85 -3 WHICH PERTAINS TO COUNTY FIRE MARSHAL SERVICES AND ARSON INVESTIGATION BY DELETING SECTION 4 OF THAT ORDINANCE ENTITLED "SUNSET CLAUSE." The motion carried unanimously. NOMINATIONS TO THE ,BOARD OF EQUALIZATION Chairman Roehl informed the Council that the two members now serving on the Board of Equalization have been contacted and they wish to be considered for reappointment. They are Virginia Walsh and Fred Schact. The Council members also have a list of persons who had expressed a desire to serve on the Board. Hawley nominated Bob Bruce, District III Becker nominated Virginia Walsh, District III Johnson nominated Howard Sheline, District II Hansey nominated Fred Schacht, District II Since Councilmember Hawley wasn't aware that the two members who are presently serving wished to be reappointed, he withdrew his nomination of Bob Bruce. Whatcom County Council Minutes - January 2, 1986 Page 4 HAWLEY MOVED TO VOTE ON THE APPOINTMENTS TO THE BOARD OF EQUALIZATION TONIGHT. The motion carried. COLE MOVED THAT WE APPOINT VIRGINIA WALSH, DISTRICT III, TO THE BOARD OF EQUALIZATION. The motion carried. A rollcall vote was taken between Howard Sheline and Fred Schacht. Mr. Fred Schacht has been reappointed to the Board of Equalization. NOMINATIONS TO THE PLANNING COMMISSION Chairman Roehl informed the Council that there are three positions open on the Planning Commission. Hawley nominated Alvin Van Dalen, District III, to the Planning Commission. Chairman Roehl nominated Dave Simpson, District III, to the Planning Commission. HANSEY MOVED THAT THE NOMINATIONS BE CLOSED AND THAT A ROLLCALL VOTE BE TAKEN FOR THE POSITION IN DISTRICT III. Becker spoke against the motion. HANSEY WITHDREW HIS MOTION THAT THE NOMINATIONS BE CLOSED FOR THE POSITION IN DISTRICT III, PLANNING COMMISSION Becker nominated Thomas Durham. Chairman Roehl declared the nominations closed for the positions on the Planning Commission, District III. Cole nominated James Freeman for the position, District I, on the Planning Commission. A rollcall vote was taken for the position in District I, Planning Commission. Mr. James Freeman was unanimously appointed for the position in District I on the Planning Commission. Whatcom County Council Minutes - January 2, 1986 Page 5 HAWLEY MOVED THAT THE APPOINTMENTS BE MADE AT THIS MEETING FOR THE POSITIONS IN DISTRICT III, PLANNING COMMISSION. The motion carried. A rollcall vote was taken for the two positions in District III on the Planning Commission. Mr. Alvin Van Dalen and Mr. Dave Simpson were appointed to the Planning Commission in District III. �• •�_ • •' � �• • There is one position open on the Open Space Advisory Committee and is currently being held by Keith Boon who wishes to be reappointed. COLE NOMINATED KEITH BOON, GERBEN OORDT, AND STEVE HOVANDER AND MOVED THAT VOTING TAKE PLACE AT THE NEXT COUNCIL MEETING, JANUARY 16, 1986. Johnson spoke against the motion. He wanted the Council to vote on the nominees at this meeting. Cole withdrew his motion. Johnson nominated Gerben Oordt. Hawley nominated Steve Hovander. Muenscher nominated Keith Boon. HANSEY MOVED TO CLOSE THE NOMINATIONS AND THAT A VOTE BE TAKEN AT THIS MEETING. The motion carried unanimously. A rollcall vote was taken on the three nominations: Gerben Oordt, Steve Hovander, and Keith Boon. Mr. Keith Boon has been reappointed to the Open Space Advisory Committee. The meeting recessed at 8:25 p.m. The meeting reconvened at 8 :35 p.m. Whatcom County Council Minutes - January 2, 1986 Page 6 CONSIDERATION OF THE SHORELINES HEARING BOARD OF THE STATE OF WASHINGTON REQUEST FOR REVIEW OF A SHORELINE VARIANCE PERMIT DENIED BY WHATCOM COUNTY TO DOMINIC AND DEBRA PAPETTI Chairman Roehl declined to participate in the Papetti appeal case. He mentioned that Sue Hoornbeek had called him on the telephone about six weeks ago. Chairman Roehl turned the gavel over to Vice - Chairman Hansey. Chairman Roehl left the Council Chambers at this time. HAWLEY MOVED THAT THE MATTER OF THE SHORELINES HEARING BOARD OF THE STATE OF WASHINGTON REQUEST FOR REVIEW OF A SHORELINE VARIANCE PERMIT DENIED BY WHATCOM COUNTY TO DOMINIC AND DEBRA PAPETTI BE RESOLVED. Hawley withdrew his motion. Vice - Chairman Hansey informed the Council that the Papettis had contact Chairman Roehl requesting that the matter be held over. MUENSCHER MOVED THAT WE HONOR THE PAPETTIS' REQUEST TO DELAY ACTION BY THE COUNCIL FOR TWO WEEKS. There was discussion on the matter pertaining delaying any decision on the matter until the Papettis returned to Bellingham. MUENSCHER MOVED THAT WE REJECT THE HEARING EXAMINER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OVERTURN HIS DECISION AND PRESENT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AS DETERMINED BY THE COUNCIL TO DENY THE PERMIT. Johnson spoke against the motion. Becker spoke for the motion. Vice - Chairman Hansey stated for the record the following information: Whatcom County Council Minutes - January 2, 1986 Page 7 FINDINGS OF FACT: (Council's Findings of Fact, Conclusions of Law and Decision, dated July 22, 1985, per Council action of July 11, 1985) I. Same as the Findings of Fact at the council meeting of July 11, 1985; II. Findings of Fact, same as that; III. Findings of Fact, same as that; IV. Findings of Fact, same as that one, striking the words "both" and "an," on the second line; Items V, VI, VII , VIII, and IX, be deleted since they were overturned by the Shorelines Hearings Board, and a new item V would be the old Item X, and a new Item VI would read as follows: "The Hearing Examiner erred in stating that docks are allowed in areas designated rural" and that "by designated the areas rural the legislative body of the Council determined that the docks are compatible with the area and will not significantly detract from the scenic beauty ". Actually, each dock must be considered individually and the designation of an area as rural merely indicates that a dock is I_Qt impermissible and that a permit for such a dock may be granted upon the proper showing. The Hearing Examiner's findings reflect incorrectly and impermissibly shift the burden of proof and are based on errors of law. New Item VII: It was clearly erroneous, arbitrary and capricious for the Hearing Examiner to overlook the ecology concerning the significance of the shell fish and crab beds and what the effect of the dock would have on marine life. The testimony shows adverse impact on such marine life of a dock previously construc- ted in that area. This testimony was not contradicted by the Papettis. New Item VIII: It was clearly erroneous, arbitrary and capri- cious for the Hearing Examiner to state that the dock "will not have any effect on the shoreline accretion." Testimony was presented based on such research done by Dr. Duba, Dr. Schwartz, and graduate student, Edmund Jacobsen, stating that such a dock would very likely have an extremely traumatic effect on the shoreline accretion and on the marine environment in the area. This testimony was not rebutted by Mr. Papetti. Whatcom County Council Minutes - January 21 1986 Page 8 New Item X: It was clearly erroneous for the Hearing Examiner to find that the dock will not change the character and appear- ance of the general vicinity as a dock of such tremendous proportions is unknown in the Chuckanut Bay area, and would obviously change the character of the area. New Item XI: The Hearing Examiner erred in impermissibly shifting the burden of proof relative to the feasibility of a buoy as opposed to a dock for moorage of a pleasure boat. Existing policies and regulations clearly state that buoys are preferred to docks and that sponsors of docks must demonstrate the alternatives are not feasible. The Hearing Examiner's assumption was that a dock would be acceptable unless contrary indications arose. This is in error. Conclusions of Law: I. The above - referenced permits are within the jurisdic- tion of the Whatcom County Council. Based on the foregoing Findings of Fact, it is concluded that the Hearing Examiner's decision of March 13 is based upon numerous errors of law, arbitrary and capricious findings, and is thoroughly erroneous based on the entire record. II. Conclusions of the Law: Based on the foregoing Findings of Fact, it is concluded that each such finding repre- sents an independent basis for the Council's findings that the Hearing Examiner's decision, dated March 13, should be reversed. MUENSCHER MOVED THAT HANSEY'S REMARKS BE INCORPORATED IN THE MOTION. The motion carried. Chairman Roehl returned at 9:00 p.m. to chair the remainder of the Council meeting. PLANNING COMMISSION RECOMMENDATIONS ON 1985 -C OPEN SPACE APPLICATIONS The Planning Commission's recommendations for Open Space Applications from D. & E. Easterbrook and N. Christensen have been referred to the Planning & Development Committee. The Planning Commission's recommendations for Timberland Applications from R. Barnholt and T. & D. Johnson have been referred to the Planning & Development Committee. Whatcom County Council Minutes - January 2, 1986 Page 9 OPEN SPACE APPLICATIONS The Open Space Applications received from Rory D. Hendrick- son, Glen W. Gossage, Donald E. Stockton, and Herb Krause & Ed Henry Krause, Trust. were referred to the Planning Commission. PETITION REQUESTING THE LINE BETWEEN LOTS 87 AND 88, DIVISION 3, PLAT OF PARADISE LAKES COUNTRY CLUB, BE VACATED, FILED BY CLINTON BROWN. This petition received from Clinton Brown has been referred to the Planning & Development Committee and is to be scheduled for public hearing. INCORPORATED. BY KIELS The documents have been received and the matter will be processed accordingly. • • 17V Councilmember Hawley introduced and read the resolution honoring Mary Kay Becker. HAWLEY MOVED TO APPROVE THE RESOLUTION COMMENDING MARY KAY BECKER, WHATCOM COUNTY COUNCILWOMAN AT LARGE. The motion carried. RESOLUTION COMMENDING CRAIG COLE, WHATCOM COUNTY COUNCILMAN, 1ST DISTRICT Councilmember Hawley introduced and read the resolution honoring Craig Cole. HAWLEY MOVED TO APPROVE THE RESOLUTION COMMENDING CRAIG COLE, WHATCOM COUNTY COUNCILMAN, 1ST DISTRICT. The motion carried. Whatcom County Council Minutes - January 2, 1986 Page 10 Chairman Roehl added the following proposed resolutions to the agenda: RESOLUTION ENCOURAGING THE PARK AND RECREATION BOARD TO IDENTIFY METHODS OF ENHANCING PUBLIC ACCESS TO SHORELINES Councilmember Cole introduced and recommended adoption of the resolution enhancing public access to shorelines. Councilmember Cole reported that the Public Services Committee recommended approval of this resolution. COLE MOVED TO APPROVE THE RESOLUTION ENCOURAGING THE PARK AND RECREATION BOARD TO IDENTIFY METHODS OF ENCHANCING PUBLIC ACCESS TO SHORELINES. The motion carried. Becker reported that the Finance Committee had reviewed and recommended approval of the request for authorization to transfer funds in the 1986 budget. BECKER MOVED TO APPROVE AUTHORIZATION TO TRANSFER FUNDS IN THE 1986 BUDGET. IN THE 1986 FUNDS. The motion carried. APPOINTMENTS TO THE ROADSIDE VEGETATION MANAGEMENT PROGRAM COMMITTEE Councilmember Johnson appointed Ray Fann. Councilmember Hawley appointed Nogie King. Councilmember Hansey appointed Dr. James Moren. Chairman Roehl appointed Mr. Idczak. Councilmember Cole appointed Barbara Ford. Whatcom County Council Minutes - January 2, 1986 Page 11 Councilmember Becker appointed Pat Stevenson. Councilmember Muenscher appointed Jan DeVries. Councilmember Becker gave a few words to the Council expressing her gratitude in being appointed to her position and extending her very best wishes to the two incoming council - members. Councilmember Cole expressed his appreciation of the experience he has gained in serving on the County Council. The meeting was adjourned at 9:15 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATT$ST:- William P. Roehl Chairman Carol Ebergson Clerk of the Council A:cnclminl.286