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HomeMy WebLinkAboutCounty Council for February 7 1985OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- February 7, 1985 The Whatcom County Council was called to order on Thursday, February 7, 1985, at 7:35 p.m. by Chairman Roehl, with all members present except Muenscher and Cole. MINUTES The minutes of the January 17, 1985 Council meeting and the January 9, 1985 Committee of the Whole meeting were approved as written. EXECUTIVE ITEMS BOARD APPOINTMENTS Executive Van Zanten forwarded her recommendations for board appointments to the Rural Library Board, the Alcoholism Administrative Board, the Mental Health Board, and the Nor -Bell Board of Directors. Rural Library Board HAWLEY MOVED TO CONFIRM THE EXECUTIVE'S APPOINTMENTS TO THE RURAL LIBRARY BOARD, AS NOTED ON THE AGENDA. The motion carried. Alcoholism Administrative Board HANSEY MOVED TO CONFIRM THE EXECUTIVE'S APPOINTMENTS TO THE ALCOHOLISM ADMINISTRATIVE BOARD, AS NOTED ON THE AGENDA. Hansey spoke to the motion. The motion carried. Mental Health Board BECKER MOVED TO CONFIRM THE EXECUTIVE'S APPOINTMENTS TO THE MENTAL HEALTH BOARD, AS NOTED ON THE AGENDA. The motion carried. Nor -Bell Board of Directors JOHNSON MOVED TO CONFIRM THE EXECUTIVE'S APPOINTMENTS TO THE NOR -BELL BOARD OF DIRECTORS, AS NOTED ON THE AGENDA. The motion carried. Council Minutes February 7, 1985 Page 2 BID AWARD - WASTEWATER TREATMENT PLANT, FERNDALE Executive Van Zanten provided background information on a request by the City of Ferndale for an extension of 30 days on the bid award for the Ferndale Wastewater Treatment Plan Improvements. The Finance Committee had concurred with the request for the extension, subject to the receipt of a letter from the low bidder agreeing to the extension and to the receipt of a letter from the City of Ferndale, which Executive Van Zanten presented to the Council. JOHNSON MOVED TO HOLD THE BID AWARD FOR THE FERNDALE WASTEWATER TREATMENT PLAN IMPROVEMENTS FOR 30 DAYS. The motion carried. OVERLIMIT TRANSFERS Executive Van Zanten provided background information on the two overlimit transfer requests. BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFERS AS FOLLOWS: 1. In the amount of $14,600.00, Victim /Witness Assistance Fund - Prosecuting Attorney Budget 2. In the amount of $33,863.00, Current Expense Fund - Prosecuting Attorney Budget. Becker spoke to the motion and gave further background on the overlimit transfers. The motion carried. EXECUTIVE'S REPORT Executive Van Zanten distributed two letters, one from the Department of Ecology regarding flood control maintenance project applications and another from the Personnel Director, Harold Raymond, outlining the annual report of the Personnel Department for the year 1984. She also spoke on the closure of the Percie and Hall Roads and the Order from the State Utilities and Transportation Commission, closing those roads at the railroad crossings. Hawley spoke against the closure of the Percie and Hall Roads at the railroad crossings. Johnson also spoke against the closure of the roads at the railroad crossings. Council Minutes February 7, 1985 Page 3 Becker asked about the 1984 Personnel Department report with regards to specific monies set aside in the 1985 budget for training. RESOLUTION - CONGRATULATING FERNDALE HIGH SCHOOL BAND HAWLEY MOVED TO INTRODUCE AND ADOPT A RESOLUTION CONGRATULATING THE BAND MEMBERS AND THE SUPPORTERS OF THE FERNDALE HIGH SCHOOL. The motion carried. Hawley read the resolution and presented it to band director Mel Hansen and the principal of Ferndale High School, Dan Farrell. NRAR TNr,R ORDINANCE PROHIBITING NUDITY IN PLACES WHERE LIQUOR IS SOLD OR CONSUMED ORDINANCE REGARDING EROTIC DANCE STUDIOS The hearing was declared open in the matter of the ordinance prohibiting nudity in places where liquor is sold or consumed and in the matter of the ordinance regarding erotic dance studios. Sid Wallace Pt. Roberts Spoke in support of the ordinances. Chairman Roehl submitted a letter dated February 6, 1985, received from Dean Nelson in support of the ordinances. Frank Travis Pt. Roberts Spoke in support of the ordinances. Being that no further testimony was received, the public hearing was closed. Johnson reported that the Law and Justice Committee recom- mended approval of the ordinances. Johnson spoke in support of the ordinances. Hawley expressed concern over some of the language used in the ordinances. He also spoke in support of having the ordinances apply to everyone, with no exclusionary language. Ile spoke in support of postponing action on these ordinances until the next meeting. Council Minutes February 7, 1985 Page 4 Johnson spoke against postponing action on the ordinances. Becker questioned the portion of the erotic dance studios ordinance that dealt with the Hearing Examiner determining a person's moral character, more specifically, the definition of "moral turpitude ". She asked about the intent of the wording and if it was meant to include any crime, or just certain crimes. Johnson provided background on the intent of the wording. BECKER MOVED TO AMEND THE ORDINANCE REGARDING EROTIC DANCE STUDIOS AS FOLLOWS: Page 5, line 15 -- strike out the last four lines of the paragraph 1., and insert the following words after "is /are free of criminal record." Becker spoke to the motion. Chairman Roehl spoke in support of the idea of removing the burden of determining "good moral character" from the Hearing Examiner, but he spoke against the wording of the amendment that would require a person to be free of criminal record in order to run a business. The motion to amend failed. BECKER MOVED TO DELAY THE VOTE ON THESE TWO ORDINANCES UNTIL THE NEXT COUNCIL MEETING. Becker spoke to the motion. The motion failed. Johnson spoke in support of having Committee of the Whole meetings more often. BECKER MOVED TO DELAY THE VOTE ON THE ORDINANCE REGARDING EROTIC DANCE STUDIOS. The motion failed. HAWLEY MOVED TO AMEND THE ORDINANCE PROHIBITING NUDITY IN PLACES WHERE LIQUOR IS SOLD OR CONSUMED BY EXCLUDING SECTION 6 IN ITS ENTIRETY. The motion to amend failed. Council Minutes February 7, 1985 Page 5 ORDINANCE PROHIBITING NUDITY IN PLACES WHERE LIQUOR IS SOLD OR CONSUMED The ordinance prohibiting nudity in places where liquor is sold or consumed was adopted by Council (4 -1, Hawley). ORDINANCE REGARDING EROTIC DANCE STUDIOS The ordinance regarding erotic dance studios failed (2 -3, Roehl, Becker, Hawley). BECKER MOVED TO RECONSIDER THE ORDINANCE REGARDING EROTIC DANCE STUDIOS.AT THE NEXT COUNCIL MEETING. The motion to reconsider carried. AFARTWrR ORDINANCE ADOPTING A 1985 BUDGET FOR THE REFERENDUM 37 CONSTRUCTION FUND The hearing was declared open in the matter of the ordinance adopting a 1985 budget for the Referendum 37 Construction Fund. Being that no testimony was received, the hearing was closed. Becker stated that the Finance Committee recommended approval of the ordinance. BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE ADOPTING A 1985 BUDGET FOR THE REFERENDUM 37 CONSTRUCTION FUND. The motion carried. ORDINANCE REGARDING THE MATTER OF PLACING STOP SIGNS AT THE INTERSECTION OF N. PASS ROAD AND MINAKER ROAD The hearing was declared open in the matter of the ordinance regarding the matter of placing stop signs at the intersection of North Pass Road and Minaker Road. Being that notestimony was received, the hearing was closed. Hawley stated that the Public Services Committee recommended approval of the ordinance. HAWLEY MOVED FOR FINAL ADOPTION OF THE ORDINANCE REGARDING THE MATTER OF PLACING STOP SIGNS AT THE INTERSECTION OF NORTH PASS ROAD AND MINAKER ROAD. The motion carried. Council Minutes February 7, 1985 Page 6 PETITION FOR LOT LINE VACATION - FILED BY EVERS The hearing was declared open in the matter of the petition for lot line vacation filed by Marianne Evers, for vacation of the lot line between lots 29 and 30, Division 7, Plat of Paradise Lakes Country Club. Being that no testimony was received, the hearing was closed. Chairman Roehl reported that the Planning and Development Committee recommended approval of the petition. HANSEY MOVED TO APPROVE THE PETITION FOR LOT LINE VACATION FILED BY MARIANNE EVERS FOR VACATION OF THE LOT LINE BETWEEN LOTS 29 AND 30, DIVISION 7, PLAT OF PARADISE LAKES COUNTRY CLUB, SUBJECT TO RECEIPT OF A COVENANT TO BIND PROPERTIES FILED WITH THE COUNTY AUDITOR AND RECEIPT OF A TITLE REPORT. The motion carried. OPEN SESSION Clara J. Wieland Urged the County to 4041 Tarte Road get involved in the Blaine proposed garbage facility Canada is looking at placing near the border. Yvonne Thomas Urged the County to 4415 Hall Road consider appealing the Blaine decision of the State Utilities and Transportation Commission to close the Hall and Percie Roads at the railroad crossings. Margaret Westman Spoke in support of appealing 4460 Hall Road the decision of the State Blaine Utilities and Transportation Commission to close the Hall and Percie Roads; also submitted letters from George 11. Robinson and E.G. Westman. Clara J. Wieland Spoke against the closure 4041 Tarte Road of the Hall and Percie Blaine Roads at the railroad crossings. Council Minutes February 7, 1985 Page 7 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES ORDINANCE - REVISED 1985 BUDGET FOR FEDERAL SHARED REVENUE BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE ADOPTING A REVISED 1985 BUDGET FOR THE FEDERAL SHARED REVENUE FUND FOR THE PURPOSE OF REAPPROPRIATING UNEXPENDED 1985 FUNDS TO COMPLETE REPAIRS TO THE COURTHOUSE NORTH WING ROOF, FOR INSTALLATION OF PLUMBING FIXTURES AND ELECTRIC LOCKS IN THE COURTHOUSE JUVENILE DETENTION FACILITY, AND FOR COMPLETION OF A MAP MURAL IN THE COURTHOUSE COUNCIL CHAMBERS. Becker reported that the Finance Committee recommended approval of the ordinance. The motion carried. ORDINANCE AUTHORIZING REVISED BUDGET - MENTAL HEALTH FUND BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1985 MENTAL HEALTH FUND BUDGET. Becker reported that the Finance Committee recommended approval of the ordinance. The motion carried. ORDINANCE ADOPTING REVISED BUDGET - NOR -BELL NURSING HOME BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE ADOPTING A REVISED 1985 BUDGET FOR THE NOR -BELL NURSING HOME FUND FOR THE PURPOSE OF RECEIVING AND DISBURSING A STATE DEPARTMENT OF COMMUNITY DEVELOPMENT GRANT FOR A PORTION OF SEWER FACILITY COSTS OF THE NOR -BELL NURSING HOME. Becker reported that the Finance Committee recommended approval of the ordinance. Hansey explained the ordinance further. The motion carried. RESOLUTION - EXPRESSING OPPOSITION TO LANDFILL NEAR BORDER HAWLEY MOVED TO INTRODUCE AND ADOPT A RESOLUTION OF THE WHATCOM COUNTY COUNCIL EXPRESSING OPPOSITION TO THE PROPOSED LANDFILL TO BE LOCATED ON THE INTERNATIONAL BORDER, AND SUPPORTING THE CITY OF BLAINE IN THEIR EFFORTS TO PROTECT THE BLAINE WATER- SHED FROM POTENTIAL CONTAMINATION. Council Minutes February 7, 1985 Page 8 Hawley provided background information on the resolution. The motion to adopt the resolution expressing opposition to the proposed landfill on the international border carried. The meeting was recessed at 9:15 p.m. at 9:20 p.m. OTHER BUSINESS BOARD OF EQUALIZATION - NOMINATIONS The meeting reconvened The nominations were opened for the Board of Equalization. Johnson nominated R. Fred Schacht, Jr. No other nominations were made. HAWLEY MOVED TO CLOSE THE NOMINATIONS AND CAST A UNANIMOUS BALLOT FOR APPOINTING R. FRED SCHACHT, JR. TO THE BOARD OF EQUALIZATION. The motion carried. Hansey spoke in support of Mr. Schacht's appointment to the Board of Equalization. CORRESPONDENCE RECEIVED The following correspondence was received and referred as noted below: 1. Correspondence from Landy Bowen dated 1/7/85 designating banks as depositories of public funds for 1985. 2. Correspondence from Pete Griffin, Deputy Auditor, regarding dissolution of Fire Protection District No. 20 (refer to Public Services; schedule public hearing 3/21/85) 3. Correspondence from Michael White, McCaw Cablevision, dated 1/15/85 (refer to Public Services) 4. Correspondence from J.S. Thomas, Delta Cable Television (refer to Public Services and Rate Review Board) PETITIONS FOR LOT LINE VACATIONS RECEIVED The following petitions for lot line vacations were received and referred to the Planning and Development Committee: 1. From Richard Brooks, for vacation of lot line between lots 51 and 52, Division 10, Plat of Sudden Valley 2. From Elizabeth McMillan, for vacation of lot line between lots 73 and 74, Block 15, Division 8, Plat of Paradise Lakes Country Club. Council Minutes February 7, 1985 Page 9 INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION AMENDING RESOLUTION 85 -2, VETERANS RELIEF FUND HAWLEY MOVED TO INTRODUCE AND ADOPT A RESOLUTION AMENDING RESOLUTION 85 -2 REQUIRING A $5,000 BOND FOR THE COMMANDANT, COMMANDER, ADJUTANT, QUARTERMASTER OR SERVICE OFFICER OF SERVICE ORGANIZATION IN CONJUNCTION WITH THE VETERANS RELIEF FUND. Hawley spoke to the motion. The motion carried. RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO ENTER INTO CONTRACT WITH WILLIAM T. FOLLIS, JR., M.A.I. JOHNSON MOVED TO INTRODUCE AND ADOPT A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR CONSULTING SERVICES WITH WILLIAM T. FOLLIS, JR., M.A.I., FOR RIGHT -OF -WAY APPRAISALS ON WEST AXTON ROAD BETWEEN GUIDE MERIDIAN AND NORTHWEST ROAD. Chairman Roehl spoke to the motion. The motion carried. Johnson distributed a letter to Mr. Follis. RESOLUTION - TO SELL PROPERTY ACQUIRED ON TAX FORECLOSURE BECKER MOVED TO INTRODUCE AND ADOPT A RESOLUTION TO SELL REAL PROPERTY ACQUIRED BY COUNTY ON TAX FORECLOSURE. Chairman Roehl spoke to the motion. The motion carried 4 -0 (Hawley abstained). RESOLUTION - AMENDING DEFERRED COMPENSATION PLAN BECKER MOVED TO INTRODUCE AND ADOPT A RESOLUTION AMENDING THE DEFERRED COMPENSATION PLAN FOR WHATCOM COUNTY EMPLOYEES. Chairman Roehl spoke to the motion. The motion carried. ORDINANCE - ESTABLISH COUNTY APPEALS BOARD The ordinance to establish the County Appeals Board and to set forth the makeup of the Board, the authority, duties and responsibilities I Council Minutes February 7, 1985 Page 10 thereof and the criteria for appointment thereto was introduced by consent and referred to the Planning and Development Committee. ORDINANCE - AMENDING COMPREHENSIVE PLAN MAP AND WHATCOM COUNTY CODE 20.63 The ordinance amending the Comprehensive Plan map from "Agri- culture" 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 was introduced by consent and referred to the Planning and Development Committee. RESOLUTION AUTHORIZING PAYMENT FOR PROFESSIONAL SERVICES RENDERED IN JANUARY OF 1985 BECKER MOVED TO INTRODUCE AND ADOPT A RESOLUTION AUTHORIZING PAYMENT TO DENISE BRENNAN, LAUGHLAN CLARK, DEBLRAH GARRETT, MARY SWENSON AND KAREN E. LERNER FOR PROFESSIONAL SERVICES RENDERED IN JANUARY OF 1985. Chairman Roehl spoke to the motion. The motion carried. ORDINANCE - REVISION TO 1985 PARKS AND RECREATION FUND, SENIOR SERVICES BUDGET The ordinance authorizing a revision to the 1985 Parks and Recreation Fund, Senior Services Budget therein was introduced by consent and referred to the Finance Committee. OTHER ITEMS OF CONCERN Chairman Roehl announced that the February 21, 1985 Council meeting will be held at the Ferndale City Hall, 5694 Second Avenue, in Ferndale. Chairman Roehl stated that the Lummi Island Business Council would like to schedule a meeting with Councilmembers. Councilmembers will be polled during the week to determine a convenient time to meet with members of the Lummi Island Business Council. Hansey announced that he will be out of town on February 21st. The meeting was adjourned at 9:35 p.m. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: William P. Roehl Carol Ebergson Chairman Clerk of the Co ncil