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HomeMy WebLinkAboutCounty Council for January 19 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL MINUTES -- JANUARY 19, 1984 The Whatcom County Council meeting was called to order on Thursday, January 19, 1984 at 7:38 p.m. by Chairperson Cole with all members present except Hawley. Hawley arrived at 7:40 p.m. Chairperson Cole welcomed new council member, Mary Kay Becker. MINUTES The minutes of 12/15/83 and 1/5/84 were pulled from the agenda and are being revised and will be re- submitted for approval. REORGANIZATION OF COUNCIL Muenscher gave a report on his tabulations of the written preferences of council members for the 1984 re- organization. Chair. Roehl nominated Cole. No other nominations were made. Cole was elected as Chair of the Council by a unanimous vote. Vice- Chair. Hansey moved to nominate Johnson. No other nominations were-made. Johnson was elected as Vice - -Chair by a unanimous vote. Executive Pro - Tempore. Roehl moved to nominate Muenscher. Johnson nominated Hawley. Hawley declined. Johnson noved to close nominations. Muenscher was elected Executive Pro - Tempore by a unanimous vote. Standing Committees: Finance. Roehl moved to nominate Becker, Cole and Muenscher. No further nominations were made. Becker, Cole and Muenscher were appointed to the Finance Committee unanimously. Planning and Development. Hawley moved to nominate Roehl, Hansey and Becker. Becker moved that nominations be closed. Roehl, Hansey and Becker were appointed to the Planning and Development Committee by unanimous ballot.. Public Services. Becker moved to nominate Johnson, Roehl and Hawley. Roehl moved to close nominations. Johnson, Roehl and Hawley were appointed to the Public Services Committee unanimously. Law and Justice Committee. Roehl moved to nominate Hawley, Johnson and Hansey. Hawley nominated Muenscher. Muenscher de- clined. Hawley, Johnson and Hansey were appointed to the Law and Justice Committee on a unanimous vote. Special Committee on Transportation and Solid Waste. HANSEY MOVED TO CREATE A SPECIAL COMMITTEE.ON TRANSPORTATION AND SOLID WASTE FOR THE YEAR 1984. Hansey.spoke in favor of the motion. Roehl spoke against the motion. Muenscher spoke against the mo- tion. Johnson spoke in favor of the motion. Motion failed 4 -3 (Hansey, Hawley, Johnson). Council Minutes January 19, 1984 Page 2 Council also appointed its members to serve on various boards and committees for 1984 as follows: Board of Health. Roehl moved to nominate Becker, Johnson, and Cole. Johnson declined. Roehl withdrew his nomination. Johnson nominated Muenscher. Roehl nominated Becker and Cole. Becker, Cole and Muenscher were appointed to the Board of Health unanimously. Council of Governments. Roehl moved to nominate Muenscher. Hansey nominated Hawley, and Becker nominated Roehl, No further nominations. A roll -call vote was taken with Roehl and Muenscher being appointed to the Council of Governments. The results of the roll -call vote are asp follows: Cole - Roehl & Muenscher Johnson - Hawley & Muenscher Hansey - Hawley & Muenscher Becker - Roehl & Muenscher Roehl - Roehl & Muenscher Hawley - Hawley & Muenscher Muenscher - Roehl & Muenscher Council on Aging. Roehl moved to nominate Becker. No further nominations were made. Becker was appointed.to the Council on Aging in a unanimous vote. LEOFF Board. Roehl moved to nominate Hansey. No further nomi- nations were made. Hansey was appointed to the. LEOFF Board by a unanimous vote. Northwest Air Pollution. Hawley moved to nominate Johnson. Roehl nominated Muenscher. No further nominations were made. A roll -call vote was taken with Muenscher being appointed to the Northwest Air Pollution Board. The results of the roll -call vote are as follows: Hansey - Johnson Johnson - Johnson Hawley - Johnson Cole - Muenscher Roehl - Muenscher Becker - Muenscher Muenscher - Muenscher Northwest Regional Council. Muenscher stated that Johnson had received five consensus votes. Johnson declined the nomination. Johnson nominated Roehl. Roehl declined. Johnson nominated Muenscher. Muenscher was appointed to the Northwest Regional Council by a unanimous vote. Joint City /Count Open Space Advisory Board. Chairperson Cole asked if any council members care to volunteer. Roehl, Hawley and Becker expressed.interest. Johnson moved to close nominations. Roehl, Hawley and Becker were appointed to the Joint City /County Open Space Advisory Board by a unanimous vote. Council Minutes January 19, 1984 Page .3 OpportunitZ Council. Muenscher indicated that it was the con- sensus of the Council members to nominate Roehl to the Board. Roehl declined. Cole asked for any volunteers. Becker indicated a willingness to serve on the board. Hawley nominated Becker. Becker was appointed to the Opportunity Council Board on a unani- mous vote. Alcoholism Administrative Board. Roehl moved to nominate Hawley. No further nominations. Hawley was appointed to the Alcoholism Administrative Board unanimously. Developmental Disabilities Board. Muenscher nominated Cole. Cole declined. Cole nominated Roehl. Roehl was appointed to the Developmental Disabilities Board unanimously. Mental Health. Roehl nominated Johnson. Johnson was appointed to the Mental Health Board by a unanimous vote. Northwest Senior Services Board. Roehl moved to nominate Becker. Becker was appointed to the Northwest Senior Services Board by a unanimous vote. Public Defense Advisory Committee. Hawley moved to nominate Roehl. No further nominations. Roehl was appointed to the Public Defense Advisory Committee. Whatcom Transportation Authority. Hawley moved to nominate Hansey and Cole. Roehl moved to close nominations. Hansey and Cole were appointed to the Whatcom Transportation Authority. Fourth Corner Development Corporation. This appointment was not listed on the agenda. Muenscher stated that Hansey volunteered to represent the council in this newly structured organization. It was the consensus of the council to hold this until formal notice of organization is received. EXECUTIVE ITEMS 1. Executive Van Zanten presented a bid award for the upgrading of the IBM Systems 34 computer to CPU Sales and Leasing in the amount of $22,800 plus tax. This computer is located in the Auditor's office. Hansey reported the Finance Committee recommended approval of the bid. HANSEY SO MOVED TO APPROVE SAID BID AS PRESENTED. Motion carried. tlirp' :'N� ..' .:'s!4k'�•, �,.rv«RIa;4",: q+.?�ii?gitap�;na? „uaf!;'�,.., r,-Ln:'?.. �g3t�`i`_.o.r _.. Council Minutes January 19, 1984 Page 4 2. Executive Van Zanten presented a contract for Juvenile Di- version services with the Voluntary Action Center.in an amount not to exceed $72,146. Executive Van Zanten also pointed out that the money for this contract is coming directly from the state and the county is only passing through the money received from the state. Executive Van Zanten requested, on an emergency basis, authorization to sign the contract as the present contract is due to expire January 20, 1984. Hansey reported the Finance Committee did concur with the 7. 7 , i± (_.•. it r ;� Executive. HANSEY SO MOVED. E -AGT -H - -T�-0N TO AUTHORIZE TfA+S CON- TRACT. Motion carri-e 3. Executive Van Zanten presented a report on the recent damage to roads and river protection facilities as prepared by Edwin R. Henken, County Engineer dated January 19, 1984. 4. Executive Van Zanten alerted the Council that Senator Goltz has introduced a bill in the legislative session requesting the state to take over the Sumas- Kendall Highway as a state highway. She will report back to the council after attend- ing a meeting with the Senate Transportation Committee on Wednesday, January 25,.1984. PRESENTATION A presentation was given on the re- organization of the Baker Ranger District by Bernie Smith of the U.S. Forest Service. Ben Thomspon, representing the Mt. Baker Foothills Chamber of Comerce also spoke on the re- organization. Council member Becker was appointed by Chairman Cole to investi- gate the need for Council action to encourage recreational planning and development in the foothills area. OPEN SESSION Phillip Serka, Attorney Sudden Valley Community Assoc. 805 Dupont Bellingham, WA - Requested the Council to consider holding a public hearing on the Sudden Val- ley Commercial District is- sue. He stated that many members of the Sudden Valley Community Association were not able to attend the Plan- ning Commission hearing that was held during the day and stated that an evening Council public hearing would allow for better representation. Council Minutes January 19, 1984 Page 5 Robert Tull, Attorney - Requested of the Council Valley Investment Group to allow for proceeding with Ferndale, Washington the plan to develop a Sudden Valley Commercial District.as the Planning and Development Committee' concurred with the Planning Commission's findings and recommended approval. Betty Macaluso - Stated her confusion in Div. 9,.Lot 71 that the Council is taking Sudden Valley time to deal with:the issue of the Sudden Valley Com- mercial District when it has already been approved to proceed. Requested of the Council that it address the issue of the public hearing. She felt that the Sudden Valley Community Association had an ample opportunity to represent their issue.at the Planning Commission's public hearing. Bill Hallman - Requested of the Council General Manager to give favorable con - Sudden Valley sideration to granting a hearing.so that the two parties could work out a plan that would be beneficial to both, Robert Ufkus - He requested a favorable Div., 33, Lot 7 ruling in regards to the Sudden Valley re -zone application of the Valley Investment Group and be allowed to proceed with the develop- ment. Larry Wellman - He stated that he fails Development Consultant to see any kind of rationale Mt. Baker Bank that precludes any kind Representing the of ruling on the proposal Austin Creek Village of the Valley Investment Group Group. Council Minutes January 19, 1984 Page 6 Art Bush, President Sudden Valley Community Association Sudden Valley Robert Tull, Attorney Phillip Serka, Attorney Nelda Sigurdson 5171 Ferndale Road Ferndale, WA Evelyn Nowicke Everson, WA - Requested of the Council that a full and fair pub- lic hearing be held. - Replied to the comments of Mr. Hallman, General Manager of Sudden Valley Community Association regarding granting a pub- lic hearing. - Spoke in favor of granting a public hearing. - Expressed the Diking Dis- trict #1's appreciation to the Council and other parts of county government who as- sisted in helping fight the last flood. Requested that the Council appropriate money from the Emergency Fund to help the diking dis- trict in areas of need. Councilman Hawley commended Mrs. Sigurdson, the Frank Imhoff family and other members of the diking dis- trict for their help. Mr. Ed Henken, County Engineer; indicated that within 10 days he hopes to have more de- finite recommendations and that he would keep Mrs. Sigurdson appraised of them. - Mrs. Nowicke requested of the Council help in expidi.t- ing the appeal of some timber companies which is delaying the formation of the Sumas River and Drainage Improve- ment District. Council Mies January 19, 1984 Page 7 - Deputy Prosecuting Attorney, Bruce Disend, who represents the Boundary Review Board in the appeal of the timber companies, stated that when he filed for a dismissal of the appeal, due to the delay of action on their part, he received a reply from the attorney representing the tim- ber companies. Mr. Disend anticipates a result within the next 30 -60 days. Mike O'Connor - Mr. O'Connor presented the 4941 Morgan Drive Council with a petition Blaine, WA signed by 20 families who reside on Hillside Road near Van Zandt. He requested the cooperation of the Coun- cil in seeing that an old railroad bridge is replaced. Being that no further testimony was recieved during open session, it was closed. HEARING V/VACATION OF A PORTION OF PLEASANT BAY ROAD Public Hearing was declared open in the matter of vacating a por- tion of Pleasant Bay Road. Walter Ruf, petitioner, made a brief pre- sentation. No further testimony was recieved and the hearing was closed. MUENSCHER SO MOVED TO AFFIRM THE COUNCIL'S NOVEMBER 17, 1983 DE- CISION TO APPROVE THE VACATION. Motion carried unanimously. FINAL CONSIDERATIONS OF ORDINANCES ORDINANCE - AUTHORIZING THE LEVY OF TAXES HANSEY MOVED FOR FINAL PASSAGE OF AN ORDINANCE AMENDING ORDINANCE NO. 83 -99 (AN ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON FOR THE YEAR 1984 PUR- SUANT TO HOME RULE CHARTER SECION 6.10) FOR THE PURPOSE OF CLARIFYING THE PROVISION ESTABLISHING THE AMOUNT OF THE REAL ESTATE EXCISE TAX. Hansey reported that the Finance Committee has approved the re- quest from the County Treasurer that the amount be broken down to reflect the state portion and the county portion. Motion carried 6 -1 (Hawley) Council Minutes January 19, 1984 Page 8 ORDINANCE - ESTABLISHING THE DEPARTMENT OF ALCOHOL SERVICES HAWLEY MOVED TO BRING DRAFT V OF AN ORDINANCE ESTABLISHING THE WHATCOM COUNTY DEPARTMENT OF ALCOHOL SERVICES AND AMENDING CHAPTER 2.18 WI-IATCOM COUNTY CODE, IN ITS ENTIRETY, FOR THE PURPOSE OF RE- ESTABLISHING THE ALCOHOLISM ADMINISTRATIVE BOARD BEFORE THE COUNCIL. Motion carried unanimously, HAWLEY MOVED TO AMEND SECTION 6 BY ADDING A NEW CLAUSE THAT WAS STATED IN. THE JANUARY 19, 1983 MEMORANDUM FROM BRUCE DISEND, DEPUTY PROSECUTING ATTORNEY, TO.THE COUNTY EXECUTIVE: The new clause reads as follows: "Provided, however, this Section shall not terminate or otherwise impair any County contracts for treatment ser- vices in effect on the date this ordinance becomes effec- tive." Motion carried unanimously. HAWLEY MOVED FOR FINAL ADOPTION OF AN ORDINANCE ESTABLISHING THE WHATCOM COUNTY DEPARTMENT OF ALCOHOL SERVICES AND AMENDING CHAPTER 2.18 WHATCOM COUNTY CODE, IN ITS ENTIRETY, FOR THE PUR- POSE OF RE- ESTABLISHING THE.ALCOHOLISM ADMINISTRATIVE BOARD AS AMENDED. Motion carried unanimously. ORDINANCE - AMENDING ZONING MAP - SUDDEN VALLEY Hawley informed the Council that he was advised by Bruce Disend, Deputy Prosecuting Attorney, to leave the chambers during the discussion of this ordinance as he is a Sudden Valley property owner. Johnson reported that the Planning and Development Committee recommended a "do pass" to the full Council. JOHNSON MOVED FOR THE FINAL ADOPTION OF AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP TO PROVIDE FOR A NEW.NEIGH- BORHOOD COMMERCIAL DISTRICT IN SUDDEN VALLEY COMMUNITY. Hansey briefly reviewed the content of the ordinance and re- stated Johnson's motion to move for final adoption. Roehl spoke against the matter of holding another public hearing and recommended approval of the decision of the Planning Commission and the Planning and Development Committee and to avoid further delay. i. ,, - .:y..7 �1T -�.. ,. 4.:- _„� ; -.< ,,ervs- w.•�c,rv�t ^� _ °, :.��. .... -.• ?P'. xr; c��. r" �nr' mhY�`9Ex*ereti,N.�vT�? ✓r- •nx5cet nPU ,,��,.- qq. » „'e..r,�2 r., q:` 1+ y4F%, c,' PSAc• roar�n ..,.xtPl- '�,!S.`�,TgG„y3lf?:ge -0+,f,�,°,- 3 >y�4N7p Council Minutes January 19, 1984 Page 9 Chairperson Cole handed over the gavel to Johnson so that he could make a motion. COLE MOVED THE ORDINANCE BE AMENDED TO STRIKE ON PAGE 1, LINES 26 THROUGH 30, AND ON PAGE 2, TO STRIKE SECTION 1, WHICH IS CON- TAINED ON LINES 8 & 9. Cole explained that the purpose of the amend- ment is to strike portions of the ordinance which deny the applica- tion of a re -zone by the Sudden Valley Community Association. And if this motion to amend is approved, will also move to schedule an oral argument on the matter of the other application that would not be approved. Muenscher spoke in favor of the amendment. Hansey spoke re- garding the motion. The motion to adopt the amendment carried. The motion to adopt the ordinance as amended passed unanimously. HANSEY SO MOVED TO SCHEDULE THE RE -ZONE REQUEST OF THE SUDDEN VALLEY COMMUNITY ASSOCIATION FOR OROAL ARGUMENT. Motion carried unanimously. OTHER BUSINESS NOMINATIONS TO THE PLANNING COMMISSION Consideration of nominations and appointments to the Planning Commission was before the Council. Those nominated at the January 5, 1984 meeting were John Vanderhage, Lorraine Rowher and Al Hickin- botham. Hawley nominated John Kearney, 8114 Birch Bay Drive, Blaine, WA. MUENSCHER MOVED TO CLOSE NOMINATIONS. Hawley spoke against the motion. Motion failed. Hawley nominated Ray 0. Dupre, Sr., 7020 Tall Cedars Lane, Ferndale, WA. Hansey asked for clarifi- cation on the length of term for Al Hickinbotham. Muenscher clarified the concern and stated that Mr. Hickinbotham would like to serve until the Lynden - Noodsack Subarea plan is completed. Muenscher also stated that John Vanderhage indicated that he would serve a full term. Being that no further nominations were made, the nomi- nations were closed. MUENSCHER.MOVED TO VOTE ON THE NOMINEES. Cole stated that he would abstain due to wanting to review the two additional applica- tions that arrived recently. It was the consensus of the council to wait two weeks and vote on the nominations at the next council meeting. Council Minut, January 19, 1 Page 10 NOMINATIONS TO OPEN SPACE ADVISORY COMMITTEE Vic Battson, County Assessor, stated that this committee is scheduled to meet on January 27, 5984 and normally this committee is scheduled to meet once a year. He reported that if the appoint- ments are not made tonight, those people will miss this year's meeting. The two candidates nominated at the January 5, 1984 meeting are Bob Imhoff and Steve Hovander. MUENSCHER MOVED TO NOMINATE THE FOLLOWING PEOPLE: Alvin Van Dalen Larry DeHaan Rod DeJong Curt Mayberry Leonard Ebe Herman Miller Sherm Polinder Vic Battson briefly stated the duties of the advisory committee. Muenscher spoke on behalf of two of the candidates, Curt Mayberry and Leonard Ebe. Hawley spoke on behalf of Leonard Ebe and Robert Imhoff. A roll call vote was taken with Mayberry - 4; Ebe - 6; Imhoff - 2; Hovander - 1; and Polinder - 1. Mr. Mayberry and Mr. Ebe were appointed to the positions. Hawley raised a procedural question in regards to Mr. Mayberry needing to receive 5 votes to be appointed. The Chair ruled that 5 votes in favor of a nominee are necessary to make the appointment at this meeting. Another role call vote was taken. Mr. Mayberry received a un- animous vote of 7. Mr. Mayberry was so appointed to the position. Therefore, Mr. Curt Mayberry and Mr. Leonard Ebe are appointed to the Open Space Advisory Committee. RESPONSES TO RFP RE: LEGAL ADVISOR Cole recommended that the Council recieve this information and hold it for further consideration. APPOINTMENT OF THE HEARING EXAMINER Cole reported that the Council has received a report from the Selection Committee which recommended two names, Stafford Smith and Bill Isenhart. The name of Victoria Van Hof was also received to comply with the requirement that three names be submitted. Johnson summarized the findings of t'Lk, Selection Committee. ROEHL MOVED TO APPOINT STAFFORD SMITH TO THE POSITION. He cited the reason that Mr. Smith has been working in the Hearing Examiner's office and feels that he has done an excellent job. Hansey raised the question of Mr. Smith's salary level. A discussion was held regarding this matter. No further discussion was held. Motion to appoint Mr. Smith passed unanimously. 'Council Minu' January 19, IM4 Page 11 f CQRRESP:ONDENCE R.OEHL MOVED THAT THE CONSENT ITEMS UNDER "OTHER BUSINESS" BE RECEIVED A b /OR REFERRED AS INDICATED ON THE AGENDA. Motion passed. The consent items were disposed of as follows: The following item was referred to the Planning and Development Committee: - Whatcom County Water District No. 10 regarding amendment to its comprehensive Water and Sewer Plans. The following item was received: - Appointment of Mary Kay Becker to Council vacancy. The following item was referred to Public Services: - Petition -regarding Interurban Trail. INTRODUCTIONS OF RESOLUTIONS AND ORDINANCES RESOLUTION - WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM HANSEY MOVED FOR THE INTRODUCTION AND FINAL PASSAGE OF A RESOLU- TION REQUESTING THE WHATCOM COUNTY PLANNING COMMISSION TO REVIEW THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM AND REPORT RECOMMENDED CHANGES TO THE COUNTY COUNCIL. ROEHL MOVED.TO REFER THE RESOLUTION TO THE PLANNING AND DEVELOP- MENT COMMITTEE. Motion carried. ROEHL MOVED THAT THE CONSENT ITEMS UNDER "INTRODUCTION OF RESOLU- TIONS AND ORDINANCES" BE INTRODUCED AND REFERRED TO THE APPROPRIATE COMMITTEES. The consent items were disposed of as follows: 1. Ordinance establishing a budget for the Self Insurance Fund for Industrial Insurance (referred to Finance Committee). 2. Ordinance re- establishing the River Improvement Fund and the 'Flood Control'Maintenance Account No. 0223 -0471 in accordance with Chapter 86.12 Revised Codc of Washington and Chapter 86 -26 Revised Code of Washington (referred to Finance Committee) 3.- 'Ordinance regarding the matter of modifying the speed limit on Vista Drive ( referred to Law and Justice). council Mi n u t January Page '12- JROEHL MOVED. FOR INTRODUCTION AND FINAL PASSAGE A RESOLUTION CHAN&LA -THE 'NA'ME OF:WATCOM COUNTY WATER -DISTRICT NO. 14 TO GLACIER WATER c'1d1S'_T_.'-]R1C-T- NO.. 14. Motion carried. MOVED' 'FOR INTRODUCTION AND FINAL PASSAGE OF AN EMERGENCY ORpI'NANCE I SI TBUDGET 418RING A .F R THE S E LF INSURANCE FUND FOR INDUSTRIAL I N SURANCt. Mot on - carried. ORMANCE - SUDDEN VALLEY RE-ZONE ISECKER MOVED FOR RE-CONSIDERATION OF A VOTE BY'WHICH THE BODY ADOPTED THE . 1-NANCE'AMNI)ING THE OFFICIAL WHATCOM COUNTY ZONING MAP TO PROVIDE F A NEW NEIGHBORHOOD COMMERCIAL DISTRICT IN SUDDEN VALLEY COMMUNITY.- Hawley left the Council chambers. Motion to re-consider the ordinance carried. BFCKERMOVRED FOR THE ADOPTION-OF AN AMENDMENT THAT WOULD ADD.,THE FOLLOWING WORDS UNDER SUBSECTION 3 "and provided that future development on said site is consistent with the zo-neept plan (.Planning Commission Exhibit 4B) except as modified by any subsequent permit approved by Whatcom County." The amendment is adopted. The ordinance as amended was adopted by a unanimous vote. Councilman Johnson indicated that he will be absent from the Council meeting for the month of February. MUENSCHER MOVED TO EXCUSE COUNCIL MEMBER JOHNSON FOR THE MONTH OF FEBRUARY. Motion carried. Meeting was adjourned.at 11:02 p.m. ATTEST'. Clerk of thEF Co"Im WHATI'OM COUNTY. COUNCIL, OM COUNTY, 'WA911INGTON