HomeMy WebLinkAboutCounty Council for December 6 1984OFFICIAL PROCEEDINGS
WHATCOM COUNTY COUNCIL
Minutes -- December 6, 1984
The Whatcom County Council was called to order on
Thursday, December 6, 1984 at 7:40 p.m. by Chairperson Cole
with all members present except Becker and Hansey.
MINUTES
MUENSCHER MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 8
AND NOVEMBER 15, 1984 COUNCIL MEETINGS.
The motion carried.
SALVATION ARMY BAND PRESENTATION
The Salvation Army Band performed a medley of Christmas
pieces.
ROEHL MOVED TO INTRODUCE AND ADOPT A PROCLAMATION DECLARING
DECEMBER AS "SALVATION ARMY MONTH" IN WHATCOM COUNTY.
Motion to adopt the Proclamation carried and was presented to
Captain Cal Prouty.
EXECUTIVE ITEMS
Finance Director Sutberry spoke on the overlimit transfers listed
as items "a -f" on the agenda.
Muenscher reported that the Finance Committee recommended
approval of the overlimit transfer requests.
MUENSCHER MOVED TO APPROVE THE OVERLIMIT TRANSFERS AS
LISTED BELOW:
a. Sheriff's Department in the amount of $18,462.00.
b. Northwest Washington Fair in the amount of $12,405.00.
C. Equipment Rental and Revolving in the amount of
$167,000.00.
d. Nor -Bell Nursing Home Fund in the amount of $29,000.00.
e. Public Works County Road Fund in the amount of
$955,000.00.
f. Buildings and Code Administration in the amount of
$23,505.00.
The motion carried.
Council Minutes
December 6, 1984
Page two
BID AWARDS
ANIMAL CONTROL AND HOUSING - HUMANE SOCIETY
Finance Director Sutberry reported on the recommended
bid award for animal control and housing.
Muenscher stated that the Finance Committee recommended
approval of the bid award for animal control and housing to
the Bellingham /Whatcom County Humane Society in the amount
of $99,500.00.
MUENSCHER MOVED TO APPROVE THE BID AWARD FOR ANIMAL
CONTROL AND HOUSING TO BELLINGHAM /WHATCOM COUNTY HUMANE
SOCIETY IN THE AMOUNT OF $99,500.00.
Muenscher spoke to the motion.
Cole asked for brief comments from the Sheriff and a
representative of the Humane Society.
Sheriff Mount spoke on the RFP and bid selection process.
Mary Henry, Executive Director of the Humane Society
spoke in support of Sheriff Mount's comments.
The motion carried.
COURTHOUSE ROOF REPAIRS - SCHOLTEN ROOFING ENTERPRISES
Finance Director Sutberry reported on the recommended
bid award for the courthouse roof repairs.
Muenscher reported that the Finance Committee recommended
approval of the bid award for the courthouse roof repairs to
Scholten Roofing Enterprises, Inc., in the amount of $23,219.04,
including sales tax.
MUENSCHER MOVED TO APPROVE THE BID AWARD FOR COURTHOUSE
ROOF REPAIRS TO SCHOLTEN ROOFING ENTERPRISES, INC., IN THE
AMOUNT OF $23,219.04, INCLUDING SALES TAX.
The motion carried.
DEMOLITION OF OLD LUMMI ISLAND FERRY DOCK - MERIDIAN
PILE DRIVING
Finance Director Sutberry reported on the recommended
bid award for the demolition of the old Lummis Island ferry
dock.
Council Minutes
December 6, 1984
Page three
Muenscher reported that the Finance Committee recommended
approval of the bid award to Meridian Pile Driving, Inc., in
the amount of $31,900.00 for the demolition of the old Lummi
Island ferry dock.
MUENSCHER MOVED TO AWARD THE BID TO MERIDIAN PILE DRIVING,
INC., IN THE AMOUNT OF $31,900.00 FOR THE DEMOLITION OF THE OLD
LUMMI ISLAND FERRY DOCK.
The motion carried.
REPORT OF THE EXECUTIVE
Executive Van Zanten reported on the recommended appointments
to the Citizens Advisory Committee and the Technical Advisory
Committee for the Surface Water Management Project. She dis-
tributed copies of the recommended appointments to Council
members.
Executive Van Zanten also reported on a meeting held
regarding the Guide Meridian Traffic Safety issue.
Executive Van Zanten expressed appreciation to Bill Trimm,
Planning Director, who was a member of a Technical Advisory
Committee whose report received a national award recently.
HEARTNGS
PETITION APPEALING ASSESSOR'S DETERMINATION - CATHERALL
The hearing was declared open in the matter of a petition
appealing the Assessor's determination of destroyed property filed
by Hilda Catherall. Chairperson Cole outlined the procedure for
the hearing.
Mrs. Catherall presented her case before the Council and
distributed pictures for their review. Vic Battson, County
Assessor, explained the background of Mrs. Catherall's application
and provided exhibits for the Council's review of the petition.
Being that no further testimony was received, the hearing was closed.
HAWLEY MOVED TO UPHOLD THE ASSESSOR'S DETERMINATION OF
DESTROYED PROPERTY FILED BY HILDA CATHERALL.
The motion carried.
PETITION - LOT LINE VACATION. FILED BY JOHN CARRABRE
The hearing was declared open in the matter of a petition
requesting that the lot line between lots 84 and 85, Division 13
in the Plat of Sudden Valley be vacated, petition filed by John
Carrabre. Being that no testimony was received, the hearing was
closed.
Council Minutes
December 6, 1984
Page four
ROEHL MOVED TO APPROVE THE VACATION OF THE LINE BETWEEN
LOTS 84 AND 85, DIVISION 13 IN THE PLAT OF SUDDEN VALLEY
FILED BY JOHN CARRABRE SUBJECT TO RECEIPT FROM THE PETITIONER OF
A SIGNED STATEMENT VERIFYING THAT HE HAS IN FACT BEEN INFORMED
THAT THE FOLLOWING COMBINATION OF THE LOTS MAY ONLY BE USED
AND SOLD AS A SINGLE UNDIVIDED LOT.
Roehl spoke to the motion.
The motion carried.
CORRESPONDENCE RECEIVED FROM WAYNE BEECH
JOHNSON MOVED TO MOVE UP ON THE AGENDA THE CORRESPONDENCE
RECEIVED FROM WAYNE BEECH AS NOTED UNDER OTHER BUSINESS ON
THE AGENDA.
The motion carried.
JOHNSON MOVED TO APPOINT RUTH HANSON AND SUE VARNER TO
SERVE AS COMMISSIONERS FOR CEMETERY DISTRICT #3. .
ThL- motion carried.
OPEN SESSION
Dick Metcalf
4779 Sucia Dr.
Ferndale
Spoke regarding the
barricading of the public
access at Neptune Beach;
requested that Council
address the situation.
HAWLEY MOVED TO INTRODUCE AND ADD TO THE AGENDA A RESOLUTION
IN THE MATTER OF REAFFIRMING THE STATUS OF SOUTH BEACH WAY FROM
SUCIA DRIVE TO THE OCEAN WATER AS A PUBLIC ROADWAY OPEN FOR
PUBLIC USE, TO BE ADDED TO THE AGENDA AFTER OPEN SESSION.
The motion carried.
Norm Burell
4811 Alder
Ferndale
Francis Unick
4857 Beach Way
Ferndale
Distributed pictures
of the public access
area at Neptune Beach;
spoke in support of
Mr. Metcalf's comments.
Spoke in support of
providing the public
access; encouraged the
placement of "No Parking"
signs there.
Council Minutes
December 6, 1984
Page five
Dave Wolf
1844 Iron
Home Builders Association
Spoke in support of the
SEPA Ordinance and the
threshhold levels proposed
in it; also spoke in support
of the proposed Whatcom
County Development Standards
Ordinance.
The meeting was recessed at 9:10 p:m. The meeting was
reconvened at 9:30 p.m.
RESOLUTION - REAFFIRMING STATUS OF SUCIA DRIVE
ROEHL MOVED TO REFER THE RESOLUTION IN THE MATTER OF
REAFFIRMING THE STATUS OF SOUTH BEACH WAY FROM SUCIA DRIVE TO
THE OCEAN WATER AS A PUBLIC ROADWAY OPEN FOR PUBLIC USE TO
THE LAW AND JUSTICE COMMITTEE.
Hawley spoke in support of the motion.
Cole spoke in support of the motion.
The motion carried.
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
ORDINANCE - AMENDING 1970 COMP PLAN,MAP, EXIT 270 AREA
ROEHL MOVED FOR FINAL ADOPTION OF AN ORDINANCE AMENDING THE
1970 COMPREHENSIVE PLAN MAP FROM "RURAL" TO "BUSINESS ", THE
TEXT OF THE BUSINESS AND RURAL POLICIES AND THE INTERIM ZONING
MAP FROM "GENERAL PROTECTION" TO "TOURIST BUSINESS" FOR THE
GEOGRAPHIC AREA SITUATED IN IMMEDIATE PROXIMITY TO EXIT 270
INTERSECTION; AND AMENDING THE TEXT OF THE "TOURIST BUSINESS"
INTERIM ZONING DISTRICT.
Roehl reported that the Planning and Development Committee
had reviewed the ordinance and recommended approval.
The motion carried unanimously.
ORDINANCE - AMENDING LAKE WHATCOM SUBAREA COMP. PLAN,
CHEMICAL USE IN WATERSHED
ROEHL MOVED FOR FINAL ADOPTION OF AN ORDINANCE AMENDING
THE LAKE WHATCOM SUBAREA COMPREHENSIVE PLAN AFFECTING CHEMICAL
USE IN THE LAKE WHATCOM WATERSHED.
Roehl spoke to the motion and reported that the Planning
and Development Committee recommended approval.
Council Minutes
December 6, 1984
Page six
The motion carried.
ORDINANCE - ADOPTING WHATCOM COUNTY DEVELOPMENT STANDARDS
ROEHL MOVED FOR FINAL ADOPTION OF AN ORDINANCE ADOPTING
THE WHATCOM COUNTY DEVELOPMENT STANDARDS.
ROEHL MOVED TO AMEND BY INSERTING THE NEW SECTION 2.216
ENTITLED MAILBOXES AS PROVIDED BY BOB JURICA FOR THE ADDENDUM #1 TO
ATTACHMENT "A ", SEE MEMO FROM JURICA DATED NOVEMBER 27, 1984.
Roehl spoke to the motion to amend and reported that the
Planning and Development recommended approval of the amendment
and the ordinance as amended.
The motion to amend carried.
The motion to adopt carried.
ORDINANCE - ADOPTING SUPPLEMENTAL BUDGET, CURRENT EXPENSE
FUND, PUBLIC WORKS ADMINISTRATION BUDGET
MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE ADOPTING
A SUPPLEMENTAL BUDGET FOR THE 1984 CURRENT EXPENSE FUND PUBLIC
WORKS ADMINISTRATION BUDGET FOR THE PURPOSE OF PROVIDING FOR
ADDITIONAL EXTRA HELP, OVERTIME AND COMMUNICATIONS COSTS.
Muenscher spoke to the motion and reported that the Finance
Committee recommended approval of the ordinance.
The motion carried.
ORDINANCE - AUTHORIZING THE DISTRIBUTION OF PUBLIC UTILITY
DISTRICT PRIVILEGE TAX REVENUES
MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHOR-
IZING THE DISTRIBUTION OF PUBLIC UTILITY DISTRICT PRIVILEGE TAX
REVENUES.
Muenscher spoke to the motion and reported that the Finance
Committee recommended approval of the ordinance.
The motion carried.
ORDINANCE - REQUIRING COUNCIL APPROVAL OF COUNTY GRANT
APPLICATIONS
MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE REQUIRING
COUNCIL APPROVAL OF COUNTY GRANT APPLICATIONS.
Muenscher spoke to the motion and reported that the Finance
Committee recommended approval of the ordinance.
The motion carried.
Council'Minutes
December 6, 1984
Page seven
ORDINANCE - REVISING 1984 CURRENT EXPENSE FUND, NON -
DEPARTMENTAL (FIRE DISTRICT DISPATCH)
MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE REVISING
THE 1984 CURRENT EXPENSE FUND, NON - DEPARTMENTAL BUDGET THEREIN
(FIRE DISTRICT DISPATCH).
Muenscher spoke to the motion and reported that the Finance
Committee recommended approval of the ordinance.
The motion carried.
ORDINANCE - REVISING 1984 CURRENT EXPENSE FUND, NON -
DEPARTMENTAL (BELLINGHAM AMBULANCE SERVICES)
MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE REVISING
THE 1984 CURRENT EXPENSE FUND, NON - DEPARTMENTAL BUDGET THEREIN
(BELLINGHAM AMBULANCE SERVICES).
Muenscher spoke to the motion and reported that the Finance
Committee recommended approval of the ordinance.
Executive Van Zanten reported that this was a one -time
bill carried over from 1983.
The motion carried.
ORDINANCE - ADOPTING REVISED BUDGET FOR CURRENT EXPENSE
FUND, INTERFUND CONTRIBUTION TO BUILDING MAINTENANCE
v®
MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE
ADOPTING A REVISED BUDGET FOR THE CURRENT EXPENSE FUND 1984
BUDGET FOR THE PURPOSE OF PROVIDING FOR INTERFUND CONTRIBUTION
TO THE BUILDING MAINTENANCE FUND.
Muenscher spoke to the motion and reported that the Finance
Committee recommended approval of the ordinance.
The motion carried.
ORDINANCE - ADOPTING A REVISED 1984 BUDGET FOR THE WHATCOM
COUNTY BUILDING MAINTENANCE FUND
MUENSCHER MOVED FOR FINAL ADOPTION OF AN ORDINANCE
ADOPTING A REVISED 1984 BUDGET FOR THE WHATCOM COUNTY BUILDING
MAINTENANCE FUND.
Muenscher spoke to the motion and reported that the
Finance Committee recommended approval of the ordinance.
Colleen Bates, Public Works Accounting Department, pro-
vided background information on the ordinance.
Council Minutes
December 6, 1984
Page nine
CORRESPONDENCE AND ANNOUNCEMENTS
The correspondence received from Cynthia Tuck regarding
the proposed nude dancing facility in Point Roberts was
referred to the Law and Justice Committee.
The following vacancies were announced:
1. Vacancy on Rate Review Board
2. Vacancy on Board of Appeals
3. Vacancies (2) on Planning Commission
APPOINTMENT TO DSHS REGION 3 REFERENDUM 37 ADVISORY COMM.
HAWLEY MOVED TO APPOINT DAVE O'CONNELL TO THE DSHS REGION
3 REFERENDUM 37 ADVISORY COMMITTEE.
The motion carried.
APPLICATION FOR CLASS A,C LIQUOR LICENSE, FILED BY
HOLZFUSS. CHANNEL AND CHANNEL
JOHNSON MOVED TO RECOMMEND APPROVAL OF THE APPLICATION FOR
A CLASS A,C LIQUOR LICENSE BY ROBERT HOLZFUSS, CARL DOUGLAS
CHANNEL, AND JUDITH ANNE CHANNEL FOR LAKE WHATCOM RESORT INN,
BELLINGHAM, WASHINGTON.
Johnson spoke to the motion and reported that the Law and
Justice Committee recommended approval of the application.
The motion carried.
APPLICATION FOR CLASS H LIQUOR LICENSE, CAMPBELL AND BRIAND
JOHNSON MOVED TO RECOMMEND APPROVAL OF THE APPLICATION FOR
A CLASS H LIQUOR LICENSE BY DIANA C. CAMPBELL AND MAX P. BRIAND
FOR SOUTH BEACH CANTINA, INC., BOONDOCKS AT THE CANNERY, POINT
ROBERTS, WASHINGTON.
Johnson spoke to the motion and .reported that the Law and
Justice Committee recommended approval of the application.
The motion carried.
CONSIDERATION OF APPEAL OF HEARING EXAMINER, C.U. 33 -84,
MT. CONSTITUTION SITES, FILED BY LEROY FREEMAN
Chairperson Cole excused himself from the meeting at this
point due to the possibility of a conflict of interest.
Vice Chairperson Johnson chaired the meeting in his absence.
Council Minutes
December 6, 1984
Page ten
Roehl explained the background and history of the appeal.
ROEHL MOVED TO UPHOLD THE DECISION OF THE HEARING EXAMINER
IN THE MATTER OF CONDITIONAL USE PERMIT (C.U. 33 -84) OF MT.
CONSTITUTION SITES, INC.
The motion carried.
Chairperson Cole returned to the meeting and resumed chair-
ing the meeting.
JOHNSON MOVED TO ADD TO THE AGENDA A RESOLUTION DIRECTING
THE COUNTY EXECUTIVE TO PREPARE AN ORDINANCE AMENDING ORDINANCE
NO. 84 -100 TRANSFERRING THE FIRE MARSHAL SERVICE AND SUPPORTING
FUNDS FOR THE POSITION FROM THE SHERIFF'S DEPARTMENT TO THE
PUBLIC WORKS DEPARTMENT.
The motion carried.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES
RESOLUTION - ADOPTING COMPREHENSIVE PLAN FOR WATER
DISTRICT NO. 4
ROEHL MOVED FOR INTRODUCTION AND ADOPTION OF A RESOLUTION
ADOPTING THE COMPREHENSIVE PLAN FOR WATER DISTRICT NO. 4.
The motion carried.
RESOLUTION - AMENDING BIRCH BAY SEWER SYSTEM PLAN
ROEHL MOVED FOR INTRODUCTION AND ADOPTION OF A RESOLUTION
AMENDING THE BIRCH BAY SEWER SYSTEM PLAN.
The motion carried.
RESOLUTION - AMENDING BIRCH BAY WATER DISTRICT NO. 8
COMPREHENSIVE PLAN
ROEHL MOVED FOR INTRODUCTIONiAND ADOPTION OF A RESOLUTION
AMENDING THE BIRCH BAY WATER DISTRICT NO. 8 COMPREHENSIVE PLAN.
The motion carried.
HAWLEY MOVED TO INTRODUCE BY CONSENT AND REFER THE FOLLOWING
ORDINANCES AS NOTED BELOW:
1. Ordinance creating a Community Economic Revitalization
Board (CERB) Fund, a special revenue fund to account for the
CERB loan proceeds and the repayment of the loan over a twenty -year
Council Minutes
December 6, 1984
Page eleven
period, and adopting a 1984 budget transfer therefor (scheduled
for public hearing January 3, 1985 and referred to Finance)
2. Ordinance adopting a supplemental budget for the
River Improvement Fund 1984 Budget (referred to Finance)
3. Ordinance adopting a supplemental budget for Road
Improvement District #1 (Birch Bay lighting) 1984 budget
(referred to Finance)
4. Ordinance revising the 1984 Current Expense Fund
District Court Budget therein (referred to Finance)
5. Ordinance revising the 1984 Current Expense Fund
Planning Department Budget therein (referred to Finance)
6. Ordinance revising the 1984 Current Expense Fund Non -
Departmental Joint Communication Budget therein (referred to
Finance)
The motion carried.
ORDINANCE - AMENDING WHATCOM COUNTY SEPA ORDINANCE
ROEHL MOVED TO INTRODUCE AN ORDINANCE AMENDING THE
WHATCOM COUNTY SEPA ORDINANCE ( WHATCOM COUNTY CODE CHAPTER
16.08).
The motion carried.
RESOLUTION - AUTHORIZING COUNTY EXECUTIVE TO ENTER INTO
CONTRACT FOR CONSULTING SERVICES, RESOURCE CONSERVATION
SERVICE
ROEHL MOVED TO INTRODUCE A RESOLUTION AUTHORIZING THE
COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR CONSULTING SERVICES
WITH RESOURCE CONSERVATION SERVICE FOR SOLID WASTE RECYCLING
STUDY.
Muenscher spoke to the motion and reported that the Finance
Committee recommended approval.
Cole provided background information on the study.
HAWLEY MOVED TO POSTPONE ACTING ON THIS RESOLUTION UNTIL
THE DECEMBER 20, 1984 MEETING.
Motion carried.
The resolution was introduced and referred to Finance
Committee.
Council Minutes
December 6, 1984
Page eight
RESOLUTION - DECLARING WHATCOM COUNTY COUNCIL'S STRONG
DISAPPROVAL OF SALMON MANAGEMENT TREATY WHICH WOULD
REVISE CURRENT DIVISION OF FRASER RIVER SALMON
ROEHL MOVED TO ADOPT DRAFT II OF THE RESOLUTION AS A
SUBSTITUTE FOR DRAFT I.
Roehl spoke to the motion.
The motion to substitute Draft II carried.
ROEHL MOVED FOR FINAL ADOPTION OF DRAFT II OF A RESOLUTION
OF THE WHATCOM COUNTY COUNCIL DECLARING ITS STRONG DISAPPROVAL
OF ANY SALMON MANAGEMENT TREATY WHICH WOULD REVISE THE CURRENT
DIVISION OF THE FRASER RIVER SALMON RESOURCE.
Roehl spoke to the motion.
Hawley spoke in support of the motion.
The motion carried.
OTHER BUSINESS
CONSIDERATION OF HEARING EXAMINER'S SUPPLEMENTAL FINDINGS,
PRELIMINARY PLAT APPROVAL FOR "COUNTRY VILLAGE ",
HERB CHILDERS
Roehl distributed amended conditions #3 and #14 to the
Council members, see attached appendix.
ROEHL MOVED TO RECOMMEND APPROVAL OF THE HEARING EXAMINER'S
SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOM-
MENDED DECISION ON REMAND IN THE MATTER OF THE APPLICATION OF
HERB CHILDERS FOR PRELIMINARY PLAT APPROVAL TO CREATE AND DEVELOP
A RESIDENTIAL SUBDIVISION KNOWN AS "COUNTRY VILLAGE ", WITH THE
AMENDED CONDITIONS #3 AND #14 .
Roehl spoke to the motion.
The motion carried.
PETITION - LOT LINE VACATION BETWEEN LOTS 69 AND 70,
DIVISION 8, PLAT OF PARADISE LAKES COUNTRY CLUB,
FILED BY DOUGLAS AND BETTY FRASER
This item was referred to the Planning and Development
Committee and scheduled for public hearing for January 3, 1985.
Council Minutes
December 6, 1984
Page twelve
RESOLUTION - DIRECTING COUNTY EXECUTIVE TO PREPARE AN
ORDINANCE AMENDING ORD. 84 -100, TRANSFERRING
FIRE MARSHAL SERVICE
Johnson provided background information on this resolution.
JOHNSON MOVED FOR INTRODUCTION AND ADOPTION OF A RESOLUTION
DIRECTING THE COUNTY EXECUTIVE TO PREPARE AN ORDINANCE AMENDING
ORDINANCE NO. 84 -100 TRANSFERRING THE FIRE MARSHAL SERVICE AND
SUPPORTING FUNDS FOR THE POSITION FROM THE SHERIFF'S DEPARTMENT
TO THE PUBLIC WORKS DEPARTMENT.
Cole gave the Finance Committee's recommendation that came
about during the budget process.
Roehl spoke in support of the motion.
The motion failed (3 -2).
JOHNSON MOVED TO ADD THIS RESOLUTION TO THE AGENDA OF THE
DECEMBER 20TH COUNCIL MEETING AND REFER TO THE LAW AND JUSTICE
COMMITTEE.
This resolution was re- introduced and referred to the
Law and Justice Committee and scheduled for the December 20th
Council meeting.
Hawley requested that a memorial to the Sheriff's Depart-
ment, the Prosecuting Attorney's office and the District Court
regarding the prosecution of frivolous or trivial cases be
added to the agenda, introduced, and referred to the Law and
Justice Committee. Being that there was no objection, this
was done.
The meeting was adjourned at 10:35 p.m.
WHATCOM COUNTY COUNCIL
WHA'rMM COUNTY . WASSHINGTON
u-Imig W. Fole
Chairper n
ATTEST:
Carol Ebergson
Clerk of the C uncil