Loading...
HomeMy WebLinkAboutCounty Council for February 21 19850 OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- February 21, 1985 The Whatcom County Council was called to order on Thursday, February 21, 1985, at 7:45 p.m. by Chairman Roehl, with all members present except Hansey. MINUTES The minutes of the February 7, 1985 Council meeting were approved as written. DISCUSSION ON THE CLOSURE OF HALL AND PERCIE ROADS Hawley reported that the Public Services Committee had discussed the closure of the Hall and Percie Roads with citizens who live in the area who had concerns that had arisen since the closure of the two roads. COLE MOVED THAT THE COUNCIL DIRECT ITS ATTORNEY TO TAKE SUCH ACTION AS MAY BE APPROPRIATE AND PRUDENT TO SEEK REOPENING OF THE PERCIE AND HALL ROADS. Cole spoke to the motion. HAWLEY MOVED TO AMEND THE MOTION BY ADDING THE FOLLOWING: "AND THAT TIIE NEED TO REOPEN THESE ROADS IS DECLARED TO BE AN EMERGENCY." The motion to amend carried. The motion carried. Chairman Roehl allowed time for citizens to respond to this issue. Theresa Pomeroy Asked for a further definition Blaine City Council of "public service organiza- tion" with regard to who can appeal a decision of the Utilities and Transportation Commission. Cole responded to Ms. Pomeroy's question. Ms. Pomeroy asked whether the County could reopen the roads, and if the State should be responsible for fixing the holes in the road caused by the barriers. Council Minutes February 21, 1985 Page 2 Robert Frost 5602 Guide Meridian Fred Chesterly Blaine Margaret Westman Hall Road Blaine Pat Madsen Blaine Road Bill Davis Percie Road Bill Yuschalk Birch Terrace Place Urged the County to involve legislators at the State level regarding the reopening of the Hall and Percie Roads; spoke in support of public safety and the need for reopening these roads. Reflected on the history of the railroad routes in Whatcom County; suggested that the railroad be routed up through Sumas instead of the present route. Stated that the train had blocked the Bell Road crossing twice in two weeks. Spoke on the increased danger to citizens in the area now that the Hall and Percie crossings are closed. Spoke in support of reopening the Hall and Percie Roads. Spoke in support of repairing the Percie Road. Hawley urged citizens to send written record to the Council office with regard to new evidence that has surfaced since the closure of the Hall and Percie Roads, in order to assist the Council's attorney with the reopening process.through the Utilities and Transportation Commission. The meeting was recessed at 8:15 p.m. The meeting reconvened at 8:20 p.m. EXECUTIVE ITEMS COUNCIL CONFIRMATION - BOARD APPOINTMENTS Executive Van Zanten explained the three Board appointments to the Museum Board. JOHNSON MOVED TO CONFIRM THE REAPPOINTMENT OF NEIL MULLEN TO A SECOND THREE -YEAR TERM FROM 2/1/85 TO 1/31/88, THE APPOINTMENT OF ALIX SNYDER FOR A THREE -YEAR TERM FROM 2/1/85 TO 1/31/88, AND THE APPOINTMENT OF LAWRENCE TAYLOR, FROM 2/1/85 TO 1/31/87, TO THE MUSEUM BOARD. The motion carried. Council Minutes February 21, 1985 Page 3 OVERLIMIT TRANSFER - FEDERAL SHARED REVENUE FUND Executive Van Zanten explained the background on the request for an overlimit transfer in the amount of $253,812.00 in the Federal Shared Revenue Fund. BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER IN THE AMOUNT OF $253,812.00 IN THE FEDERAL SHARED REVENUE FUND. Becker spoke to the motion and stated that the Finance Committee recommended approval of the overlimit transfer. The following amendment to the overlimit transfer was added to the main motion: Under EXPLANATION add the following phrase after the word "develops ": ", together with creation of appropriate expenditure line items." The motion, as amended, carried. BID AWARD - DEWEY GRIFFIN, FOR TWO 3/4 -TON PICKUP TRUCKS Executive Van Zanten explained the background on the bid award for two 3/4 -ton pickup trucks, recommended to be awarded to the lowest responsive bidder, Dewey Griffin, for a total bid of $23,267.05, including state sales tax. BECKER MOVED TO APPROVE THE BID AWARD FOR TWO 3/4 -TON PICKUP TRUCKS TO THE LOWEST RESPONSIVE BIDDER, DEWEY GRIFFIN, FOR A TOTAL BID OF $23,267.05, INCLUDING STATE SALES TAX. Willard Fry, Motor Pool, explained the use of the two pickups. The motion carried. HEARING - ORDINANCE. RID #6. FINAL ASSESSMENT ROLL The hearing was declared oepn in the matter of the Ordinance of the County Council of Whatcom County confirming the final assessment roll for County Road Improvement District No. 6 and certifying the same to the Whatcom County Treasurer for collection. No one was present to speak at the hearing. Chairman Roehl entered the following exhibits into the record: 1. Correspondence from Mr. and Mrs. D. A. McLachlan, dated 2/19/85, opposing the final assessment. 2. Correspondence from Mr. and Mrs. S. Armstrong, dated 2- 16 -85, opposing; the final assessment. Council Minutes February 21, 1985 Page 4 3. Correspondence from Anna Farkas, received 2/15/85, opposing the final assessment. 4. Correspondence from Warren and Mary Stevenson, dated 2/14/85, opposing the final assessment. 5. Correspondence from Mr. and Mrs. R.A. Jacobson, dated 2/10/85, opposing the final assessment. 6. Correspondence from John and Ines Mitton, dated 2/8/85, opposing the final assessment. Ed Henken, County Engineer, reported on changes and corrections which should be made to the assessment roll, as noted in his memo dated 2/19/85 (see attached). Being that there was no further testimony, the hearing was declared closed. BECKER MOVED TO ADOPT THE ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY CONFIRMING THE FINAL ASSESSMENT ROLL FOR COUNTY ROAD IMPROVEMENT DISTRICT NO. 6 AND CERTIFYING TIIE SAME TO THE WHATCOM COUNTY TREASURER FOR COLLECTION. BECKER MOVED TO AMEND THE ORDINANCE WITH THE FOLLOWING: Line 30, page 1, change the dollar amount to $53,742.00 Becker spoke to the amendment. The motion to amend carried. BECKER MOVED TO AMEND THE ORDINANCE WITH THE CHANGES AS NOTED IN ED HENKEN'S MEMO DATED FEBRUARY 19, 1985 (SEE ATTACHED). The motion to amend carried. The motion, as amended, carried. OPEN SESSION Robert Frost 5602 Guide Meridian Spoke in support of more restrooms in shopping areas; spoke in support of moving the totem pole on the Lottie Street side of the Courthouse to the front of the Court- house; spoke in support of finding a use for excess food in the school district (as opposed to throwing it out, which is what is presently taking place). Council Minutes February 21, 1985 Page 5 Lewis Schwam Boundary Bay Asked who he could contact regarding getting some answers on building permits for property he owns. Ed Henken stated that this would require more checking into. BECKER MOVED TO RECONSIDER THE ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY CONFIRMING THE FINAL ASSESSMENT ROLL FOR COUNTY ROAD IMPROVEMENT DISTRICT NO. 6 AND CERTIFYING THE SAME TO THE WHATCOM COUNTY TREASURER FOR COLLECTION. The motion to reconsider carried. Following discussion on whether or not to carry this item over until the next meeting, it was decided to vote on this ordinance, as once the ordinance was passed there will be a 30 -day time period for people to file protests on the final assessment roll. The ordinance confirming the final assessment roll for County Road Improvement District No. 6 and certifying the same to the Whatcom County Treasurer for collection carried. Sid Wallace Spoke in support of the passage Point Roberts of the ordinance regarding erotic dance studios. Cathy Bradner Spoke in support of the passage Point Roberts of the ordinance regarding erotic dance studios. John Miller Spoke in support of the passage Point Roberts of the ordinance regarding erotic dance studios. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE REGARDING EROTIC DANCE STUDIOS COLE MOVED FOR FINAL ADOPTION OF THE ORDINANCE REGARDING EROTIC DANCE STUDIOS. Cole spoke to the motion. COLE MOVED TO AMEND BY ADDING THE FOLLOWING ON PAGE 5 OF THE ORDINANCE, SECTION E (1), LINE 14: "business or the proposed business is /are eligible to be licensed. No person shall be eligible to receive a license to operate an erotic dance studio who has been convicted in this state or elsewhere of a crime of violence or a crime involving drugs or prostitution, or who has committed violations of this ordinance, or of Council Minutes February 21, 1985 Page 6 (AMENDMENT, continued) "similar ordinances in other jurisdictions, or who has been convicted of any felony. And, furthermore, no license shall be issued unless the applicant shall provide a sworn written affidavit that he /she has not been convicted of a crime or committed a violation, as set forth above, in this state or elsewhere." Also, delete the remainder of Section E(1). Cole spoke to the amendment. The motion to amend carried. HAWLEY MOVED TO AMEND BY DELETING THE ENTIRE SECTION 13. Hawley spoke to the motion. Cole spoke against the motion to amend. Johnson spoke against the motion to amend. Muenscher spoke in support of the amendment. The motion to amend failed. Chairman Roehl noted a syntactical error on page 2, line 29, which should be corrected to read as follows: it the pubic area of either sex with less than a full opaque covering." The ordinance was adopted as amended (4 -2, Hawley, Muenscher). ORDINANCE - COUNTY APPEALS BOARD HAWLEY MOVED FOR FINAL ADOPTION OF THE ORDINANCE TO ESTABLISH THE COUNTY APPEALS BOARD AND TO SET FORTH THE MAKEUP OF THE BOARD, THE AUTHORITY, DUTIES AND RESPONSIBILITIES THEREOF AND THE CRITERIA FOR APPOINTMENT THERETO. Muenscher provided background information on this ordinance. COLE MOVED TO AMEND WITH THE FOLLOWING: Page 6, Section 14(d) delete the entire section (d) and replace it with the following: "The County Executive shall designate a Clerk of the Board." Donovan Kehrer, Building and Codes Administration, spoke in support of the ordinance and explained further the duties of the Clerk of the Board. The motion to amend carried. Council Minutes February 21, 1985 Page 7 The motion to adopt the ordinance to establish the County Appeals Board and to set forth the makeup of the Board, the authority, duties and responsibilities thereof and the criteria for appointment thereto carried. ORDINANCE - AMENDING COMPREHENSIVE PLAN MAP AND W.C.C. 20.63 Bill Trimm, Planning Department, provided background informa- tion on the ordinance. COLE MOVED FOR FINAL ADOPTION OF THE ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP FROM "AGRICULTURE" TO "TOURIST COMMERCIAL" AND AMENDING THE INTERIM ZONING MAP FROM "AGRICULTURE" TO "TOURIST COMMERCIAL" AND AMENDING WHATCOM COUNTY CODE 20.63 AS IT RELATES TO CONDITIONAL USES IN TOURIST COMMERCIAL. The motion carried. ORDINANCE - REVISING 1985 PARKS AND RECREATION FUND. SENIOR SERVICES BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE AUTHORIZING A REVISION TO THE 1985 PARKS AND RECREATION FUND, SENIOR SERVICES BUDGET THEREIN. Becker reported that the Finance Committee recommended approval of the ordinance. The motion carried. OTHER BUSINESS The correspondence from J.R. Clark, Puget Sound Power and Light Company, dated 2/6/85, was received. JOINT POWERS AGREEMENT, DISPOSITION OF SOLID WASTE This agenda item will be scheduled for a Committee of the Whole session to be scheduled sometime during the week of February 25 - March 1. The Clerk will poll Council members to determine a convenient time for the meeting. INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION SUPPORTING ELECTRIC CONSUMERS PROTECTION ACT Chairman Roehl provided background information on the resolution. HAWLEY MOVED TO INTRODUCE AND ADOPT THE RESOLUTION SUPPORTING THE ELECTRIC CONSUMERS PROTECTION ACT. Hawley spoke to the motion. BECKER MOVED TO POSTPONE THE MOTION INDEFINITELY. Council Minutes February 21, 1985 Page 8 Becker spoke to the motion to postpone indefinitely. Johnson spoke in support of postponing indefinitely. Cole spoke against postponing indefinitely. The motion to postpone indefinitely failed. COLE MOVED TO SUBSTITUTE DRAFT 2 OF THE RESOLUTION SUPPORTING THE ELECTRIC CONSUMERS PROTECTION ACT. The motion to substitute draft 2 carried. COLE MOVED TO AMEND WITH THE FOLLOWING: Strike all the language between and including lines 13 and 22, and amend the following paragraph as follows: "NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby requests each Senator and Representative in the Washington State. Congressional Delegation to ee -spe ee -ate] work for legislation that will prevent -the take -evep- ley- publie- utilities provide for equitable_ treatment of private utilities and their customers in connection with the licensing of hydro- electric facilities that have been historically operated by private utilities." Becker asked for a definition of "equitable ". Cole spoke to the motion to amend and stated that "equitable ", in this context, meant "fair ". Becker spoke against the amendment. The motion to amend failed. The motion to adopt the resolution failed. REPORTS AND OTHER ITEMS OF CONCERN FROM COUNCILMEMBERS Becker reported on the Finance Committee's work on the budget process and suggested scheduling a Committee of the Whole meeting sometime in late March in order to help generate ideas. Hawley reported on the Public Services Committee meeting .9f February 19, 1985. ` The meeting was adjourned at 10:00 p.m. ATTEST: Carol Eb, Clerk. of 'rgson thc� Cotinci..l WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON l.am P X0 C',}1T- Chairman