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HomeMy WebLinkAboutCounty Council for August 2 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- August 2, 1984 The Whatcom County Council meeting was called to order on Thursday, August 2, 1984 at 7:45 p.m. by Chairperson Cole with all members present except Becker, who was ill. HANSEY MOVED TO EXCUSE BECKER. Motion carried. Becker was so excused from the Council meeting. MINUTES MUENSCHER MOVED TO APPROVE THE MINUTES OF THE JULY 5, AND 19, 1984 COUNCIL MEETING AND THE MINUTES OF THE JULY 12, 1984 SPECIAL COUNCIL MEETING. Motion carried. EXECUTIVE ITEMS BID AWARD - EASTMAN KODAK AND THE 3 -M COMPANY In County Executive Van Zanten's absence, Tom Sutberry, Budget Director, requested authorization to award a bid to Eastman Kodak and the 3 -M Company for micrographic equipment for the Auditor's Office. Mr. Sutberry explained that the bid is a 36 -month lease /purchase with a monthly lease payment of $895-03. Muenscher reported the Finance Committee recommended approval. MUENSCHER MOVED TO AUTHORIZE THE BID AWARD AS PRESENTED BY EXECUTIVE VAN ZANTEN IN HER 7 -26 -84 MEMORANDUM. Motion carried. BID AWARD - MEL HICKS CONSTRUCTION COMPANY Mr. Sutberry requested authorization to award a bid to Mel ti- Hicks Construction Company for re- construction of slide repair on the Marshall Hill Road in the amount of $71,761.00 Muensoher reported the Finance Committee recommended approval. MUENSCHER MOVED TO AUTHORIZE THE BID AWARD TO MEL HICKS CONSTRUCTION COMPANY IN THE AMOUNT OF $71,761.00. Motion carried. OVERLIMIT TRANSFER - EQUIPMENT RENTAL AND REVOLVING FUND Mr. Sutberry requested authorization of an overlimit transfer in the 1984 Equipment Rental and Revolving Fund in the amount of $50,000. b _Pff - Council Minutes August 2, 1984 Page 2 Muenscher reported the Finance Committee recommended approval. MUENSCHER MOVED TO AUTHORIZE THE OVERLIMIT TRANSFER AS OUTLINED BY MR. SUTBERRY. Motion carried. AUTHORIZATION TO REJECT BIDS Muenscher reported that the Finance Committee held action on a request to authorize the rejection of all bids for a crawler dozer. HANSEY MOVED THAT THE MATTER OF REJECTING THE BIDS FOR A CRAWLER DOZER BE PLACED ON THE AGENDA AT THE AUGUST 16, 1984 COUNCIL MEETING AND HAVE A REPRESENTATIVE FROM THE ENGINEERING DEPARTMENT AND THE LOW BIDDER PRESENT TO ANSWER ANY QUESTIONS. Motion carried. ,w 11 ORAL ARGUMENT - APPEAL OF THE HEARING EXAMINER Bob Tull,--attorney for the applicant, and Terry Lewis, Prosecuting Attorney representing Bureau of Buildings and Code Administration, requested that the matter of file number C.U. 20- 83 and V 15 -83, Fred Ricci (Item 5,'under HEARINGS) be remanded back to the Hearing Examiner. MUENSCHER MOVED TO REMAND THIS MATTER BACK TO THE HEARING EXAMINER. Motion carried. HEARINGS ORDINANCE - DECLARING WHATCOM COUNTY A NUCLEAR FREE ZONE The hearing was declared open in the matter of an ORDINANCE DECLARING WHATCOM COUNTY A NUCLEAR FREE ZONE AND PENALTIES ESTABLISHED FOR VIOLATION THEREOF. Lisa Newlight Greg Boos, Attorney Bellingham Towers Bellingham, WA Urged Council not to submit a competing ordinance and allow this ordinance to go to ballot. Spoke in support of the ordinance as proposed and urged the Council to take no action so as to allow the ordinance to go before the people. Council Minutes August 2, 1984 Page 3 , 1 ii I i Glenn Marrow Ann Black Pat Milliren Larry Baker John Turner Physicist Western Washington University Richard Gilda Mary Passmore Jack Scott Courtenay Murphy Spoke in support of establishing a nuclear free zone in Whatcom County. Supported the establish- ment of a nuclear free zone in Whatcom County and allowing the ordi- nance to go before the people for passage. Spoke in support of establishing Whatcom County as a nuclear free zone. Encouraged the Council to separate the issues involved - -peace and nu- clear free zones. Spoke regarding the strict regulations re: use of n- eclear energy and also spoke in support of stating both sides of the issue on the ballot to the people. Spoke in support of showing both sides of the issue to the people and urged Council not to pass the ordinance and let the people decide if they want to pass the ordi- nance. Spoke in support of Initiative 1 -84, Nuclear Free Zone Spoke in support of es- tablishing Whatcom County as a nuclear -free zone. Spoke against the ini- tiative declaring Whatoom County a nuclear free zone. l Council Minutes August 2, 1984 Page 4 Being that no further testimony was received, the hearing was closed. HANSEY MOVED FOR FINAL ADOPTION OF AN ORDINANCE DECLARING WHATCOM COUNTY A NUCLEAR FREE ZONE AND PENALTIES ESTABLISHED FOR VIOLATION THEREOF. Hansey spoke in support of his motion. Chairperson Cole, Muenscher and Roehl spoke against the motion. ROEHL MOVED TO POSTPONE INDEFINITELY CONSIDERATION OF THIS MATTER. Motion carried 5 -1 (Hansey). ORDINANCE - IMPOSING EXCISE TAX The hearing was declared open in the matter of an ORDINANCE IMPOSING AN EXCISE TAX UPON PERSONS ENGAGING IN BUSINESS AS HARVESTERS OF TIMBER, AS PROVIDED IN CHAPTER 204, LAWS OF 1984, AND AUTHORIZING THE COUNTY TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF REVENUE. Being that no testimony was received, the hearing was closed. ROEHL MOVED FOR FINAL ADOPTION. Motion carried unanimously. ORDINANCE - GRANTING A FRANCHISE TO SANDY POINT IMPROVEMENT COMPANY The hearing was declared open in the matter of an ORDINANCE IN THE MATTER OF GRANTING A NON- EXCUSIVE FRANCHISE TO SANDY POINT IMPROVEMENT COMPANY FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW, SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER MAINS AND WATER DISTRIBUTION LINES ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY. Being that no testimony was received, the hearing was closed. HAWLEY MOVED TO FINAL ADOPTION OF AN ORDINANCE IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE TO SANDY POINT IMPROVEMENT COMPANY FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW, SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN WATER MAINS AND WATER DISTRIBUTION LINES ALONG CERTAIN ROADS WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY. Motion carried unanimously. Council Minutes August 2, 1984 Page 5 PETITION - LOT LINE VACATION, V. DRACHE The hearing was declared open in the matter of a PETITION TO VACATE A LOT LINE BETWEEN LOTS 11 AND 12, DIVISION 8, PLAT OF SUDDEN VALLEY, FILED BY DRACHE FOUNDATION, LTD., VICTOR DRACHE. Being that no testimony was received, the hearing was closed. Roehl reported the Planning and Development Committee recommended approval. ROEHL MOVED TO APPROVE THE PETITION FOR A LOT LINE VACATION, FILED BY VICTOR DRACHE. Motion carried. OPEN SESSION Frank Muljat Urged the Council to 2583 North Shore Drive re- consider the ordinance Bellingham, WA that establishes certain areas as alluvial fan flood hazard areas and vote to deny the ordinance. Cal Leenstra Urged Council to deny the 1801 Lakeside ordinance that estab- Bellingham, WA lishes certain areas as alluvial fan flood hazard areas. Bruce Ayers Spoke against the pro - 2304 Lisa Lane posed ordinance that Bellingham, WA establishes certain areas as alluvial fan flood hazard areas. Bob Harnden Spoke in support of 2601 North Shore Drive Council using its energy Bellingham, WA in solving the problem of flood hazard areas. Courtenay Murphy Spoke against the or- 3566 Hillside Road dinance that establishes Deming, WA certain areas as flood hazard areas, and urged the Council to solve the problem. HANSEY MOVED TO CONSIDER ITEM 2, UNDER FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES AT THIS TIME. Motion carried. Council Minutes August 2, 1984 Page 6 ORDINANCE - AMENDING TITLE 17 OF THE WHATCOM COUNTY CODE Chairperson Cole spoke in support of an ORDINANCE AMENDING TITLE 17 OF THE WHATCOM COUNTY CODE TO ESTABLISH CERTAIN AREAS OF THE COUNTY AS ALLUVIAL FAN FLOOD HAZARD AREAS AND SET FORTH THE PROCEDURE FOR PROVIDING NOTIFICATION TO PERSONS APPLYING FOR BUILDING PERMITS IN THESE AREAS. HANSEY MOVED FOR FINAL ADOPTION OF AN ORDINANCE AMENDING TITLE 17 OF THE WHATCOM COUNTY CODE TO ESTABLISH CERTAIN AREAS OF THE COUNTY AS ALLUVIAL FAN FLOOD HAZARD AREAS AND SET FORTH THE PROCEDURE FOR PROVIDING NOTIFICATION TO PERSONS APPLYING FOR BUILDING PERMITS IN THESE AREAS. Hansey stated that he will vote against the motion. Roehl spoke in support of Hansey's statements. Hawley spoke against the motion. CHAIRPERSON COLE MOVED THE FOLLOWING AMENDMENT: "New Section 5 The Bureau of Buildings and Code Administration shall record and maintain with the Auditor a document (or documents) setting forth a list of Sections, Townships, and Ranges, or portions thereof, in which potential flood areas have been identified, pursuant to Sections 17.04.050 and 17.04.051 of the Whatcom County Code. The document(s) shall further state that such hazard may affect building regulations, and shall refer to the department to be consulted for further information, its address and telephone number. This section shall become effective on January 1, 1985." Motion failed 3 -3 (Johnson, Hawley, Roehl). Motion to adopt the ordinance failed unanimously. ORDINANCE - REGULATING THE USE OF COUNTY -OWNED WATER SYSTEM So as to allow Councilwoman Becker an opportunity to present her proposed amendments, ROEHL MOVED TO DEFER UNTIL THE AUGUST 16, 1984 COUNCIL MEETING AN ORDINANCE RELATING TO AND REGULATING THE USE OF COUNTY -OWNED WATER SYSTEM AND PROVIDING FOR THE SALE OF WATER, FIXING THE PRICE THEREOF, PROVIDING A METHOD OF COLLECTING CHARGES THEREFOR, AND PROVIDING PENALTIES FOR VIOLATIONS. Motion carried unanimously. I 0 Council Minutes August 2, 1984 Page 7 ORDINANCE - AUTHORIZING A REVOLVING FUND FOR THE PUBLIC DEFENDER'S OFFICE MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVOLVING FUND FOR THE PUBLIC DEFENDER'S OFFICE. Muenscher reported the Finance Committee recommended reducing the amount requested from "$1,200" to "$1,000." HANSEY MOVED TO AMEND LINE 16 112, AS FOLLOWS: "...Public Defender and his /her designee. That all expenditures made from this fund shall be reimbursed from Public Defender's Office Current Expense Budget. Motion carried. MUENSCHER MOVED TO AMEND, AS FOLLOWS: Line 15 1/2 Motion carried. Change "$1,200" to "$1,000" Motion to adopt the ordinance, as amended, carried unanimously. ORDINANCE - REVISED BUDGET DWI PROGRAM BUDGET MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE 1984 CURRENT EXPENSE FUND, NON- DEPARTMENTAL, DWI PROGRAM BUDGET THEREIN. MUENSCHER MOVED THE FOLLOWING AMENDMENT: Line 13 112: Motion carried. Change "1983" to "1984" Change "1984" to "1985" Motion to adopt carried unanimously. ORDINANCE - EXPO 86 CONTINGENCY FUND '' MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE ESTABLISHING AN.EXPO 86 CONTINGENCY FUND. Muenscher reported the Finance Committee recommended approval. Motion to adopt carried unanimously. r Council Minutes August 2, 1984 Page 8 0 OTHER BUSINES CORRESPONDENCE - MENTAL HEALTH /DRUG ABUSE PREVENTION BOARD It was the consensus of the Council to not take any action regarding correspondence received from Jacqueline Battson, Chairperson, Mental Health /Drug Abuse Prevention Board, regarding reconsideration of Council representation to the board. The Chair was directed to inform Ms. Battson regarding the possibility of not having representation from Council on the Mental Health /Drug Abuse Prevention Board. PRELIMINARY PLAT APPLICATION - LONNIE COLLINS ROEHL MOVED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATIONS REGARDING THE APPLICATION OF LONNIE A. COLLINS FOR PRELIMINARY PLAT APPROVAL TO CREATE AND DEVELOP A RESIDENTIAL SUBDIVISION TO BE KNOWN AS "TIMBERLAND TERRACE ESTATES." ROEHL MOVED THE FOLLOWING AMENDMENT: Page 12, Condition 10 "...and that such a system fd may be substantially more..." Motion to amend carried. Motion to adopt the Hearing Examiner's recommendations, as amended, carried. RECOMMENDATIONS REGARDING REDESIGNATING SANDY POINT HEIGHTS SUBDIVISION Roehl reported the Planning and Development recommendations to Council to develop a new zone map and text revisions to the 1970 Comprehensive redesignate the Sandy Point Heights subdivision residential to a recreational area,-is as stated motion: Committee's district, and Plan to from a in the following "To initiate the process to develop a new zoning district to the Interim Zoning Ordinance and the appropriate comprehensive plan text and map amendments to allow recreational vehicle usage for property owners in the area commonly known as the Sandy Point Heights subdivision, and directs said matter to the Planning Commission for proper action." Motion carried. Council Minutes August 2, 1984 Page 9 APPEAL FOR REVIEW OF HEARING EXAMINER'S RECOMMENDATIONS An appeal to the Whatcom County Council to review a decision of the Hearing Examiner regarding the application for conditional use permit 11 -84 and Shoreline S -4 -84 permit was referred, as noted on the agenda, to a Committee -of- the -Whole meeting. INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION - UNANTICIPATED RECEIPTS OF REVENUE ROEHL INTRODUCED AND MOVED FOR FINAL ADOPTION A RESOLUTION IN,THE MATTER OF UNANTICIPATED RECEIPTS OF REVENUE. MUENSCHER MOVED THE FOLLOWING AMENDMENT: Line 10 112 Line 17 112 Line 18 112: After the word "unanti- cipated" add the word "net." Correct clerical error; change "ordinance" to "resolution" "federal and state grantsi or other circumstances governed by state or federal law." Motion to amend carried. Motion to adopt the resolution, as amended, carried. Items 2, 3, and 4, under INTRODUCTION OF RESOLUTIONS AND ORDINANCES, were introduced by consent and disposed of as noted on the agenda, the dispositions being: 2. Ordinance to revise the 1984 Developmental Disabilities Fund Budget (referred to Finance Committee) 3. Ordinance to revise the 1984 Current Expense Fund, Purchasing Budget thereinA referred to Finance Committee) 4. Ordinance to adopt a budget for the Referendum 37 Construction Fund (referred to Finance Committee) The following items were added to the agenda, by Chairperson Cole, and were received and referred as folows: 1. Correspondence received from United States Department of the Interior regarding a request for a Secretarial Proclamation for Reservation Status for a 1.23 acre parcel of trust land for the Nooksack Indian Tribe (referred to the County Executive) 9 uncil Minutes August 2, 1984, PAge 10 2. Correspondence received from Richard Poole regarding the crushed aggregate bid for Lummi Island that was awarded to Alpine Logging Company (referred to County Executive) 3. Petition received from Mrs. Cathy Campbell requesting the posting of speed limit signs in Enterprise Terrace (referred to Law and Justice Committee) REPORT OF COMMITTEES AND OTHER ITEMS OF CONCERN FROM COUNCILMEMBERS The Council was reminded of the Council planning session to be held on August 10 and 11, 1984. Meeting adjourned 10:40 p.m. ATTEST.: Clerk of the Courbil CMAUG.01 WHATCOM COUNTY COUNCIL WFT,POM COUNTY, WASHINGTON Craig Wk -J Cole Chairperson e