HomeMy WebLinkAboutCounty Council for July 5 1984i
OFFICIAL PROCEEDINGS
WHATCOM COUNTY COUNCIL
Minutes - July 5, 1984
The Whatcom County Council meeting was called to order on Thursday,
July 5, 1984 at 7:35 p.m. by Chairperson Cole with all members present.
MINUTES
The minutes of the Council meeting of June 21, 1984 and the Special
Council meeting of June 25, 1984 were approved as written.
EXECUTIVE ITEMS
OVERLIMIT TRANSFER - EQUIPMENT RENTAL AND REVOLVING FUND
County Executive Van Zanten requested authorization of an overlimit
transfer in the 1984 Equipment Rental and Revolving Fund in the amount of
$120,000.
BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER. Becker reported the
Finance Committee recommended approval. Motion carried.
OVERLIMIT TRANSFER - PARK ACQUISITION AND IMPROVEMENT FUND
Executive Van Zanten reported that the overlimit transfer in the 1984 Park
Acquisition and Improvement Fund was held in the Finance Committee.
OVERLIMIT TRANSFER - COUNTY ROAD FUND
The Executive requested authorization of an overlimit transfer in the 1984
County Road Fund in the amount of $23,000.
BECKER MOVED TO AUTHORIZE THE OVERLIMIT TRANSFER. HANSEY MOVED TO REFER
THE OVERLIMIT TRANSFER BACK TO THE FINANCE COMMITTEE FOR FURTHER DISCUSSION.
Motion to refer back to the Finance Committee carried.
DTT AiJADTQ
The Executive withdrew the following bid awards from the agenda:
1. Rent or lease of Lawrence Township Hall to Dr. A. D. Lafferty
2. Rent or lease of G -1 garage, located on East Bakerview Road, to
Mr. Walter S. Hinds.
3. 112 ton pick -up to Dewey Griffin GMC, Inc.
PERSONAL SERVICES CONTRACT - JOSEPH LENZ
The Executive requested authorization to enter into a personal services
contract with the Voluntary Action Center and Mr. Joseph Lenz, who was recently
appointed to the position of Whatcom County Alcohol /Traffio Safety Coordinator.
'he contract, which will run from July 1, 1984 to June 30, 1985, is in the
amount of $17,000.
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Lounoil Minutes
July 5, 1984
Page 2
BECKER MOVED TO AUTHORIZE THE COUNTY EXECUTIVE TO ENTER INTO THE CONTRACT
WITH THE VOLUNTARY ACTION CENTER AND MR. JOSEPH LENZ. Beaker reported the
Finance Committee recommended approval. Motion carried.
REPORT OF EXECUTIVE
The Executive presented to the Council the Park Department's Five Year
Capital Improvement Plan, for its information. This matter will be taken up
in the Finance Committee.
OPEN SESSION
Phyliss Kronenberg Spoke in opposition to high density
2351 W. Pole Rd. subdivisions in the county and urged
Everson, WA Council to deny the application for
"Country Village."
Rita Foley
Blue Canyon Rd.
Bellingham, WA
Spoke on the preservation of the
water quality in Lake Whatcom.
Bob Tull Spoke in opposition to the pre -
P. 0. Box 1126 liminary plat application for
Ferndale, WA "Country Village" and urged the
Council to hold a public hearing,
and to deny the application.
Tom Filion Requested action on his proposed
6951 Hannegan amendments to the "Country Village"
Lynden, WA application, and that Council hold
a public hearing regarding this
matter.
John Kresden
2345 E. Pole Rd.
Lynden, WA
Requested that Council hold a public
hearing regarding the "Country Village"
application.
Delores Maricle Spoke regarding the zoning on the
2243 E. Pole N. E. corner of the County and concerned
Lynden, WA about the loss of farm land because of
developing.
MUENSCHER MOVED TO CHANGE THE AGENDA SO THAT THE MATTER OF THE APPLICATION
OF HERB CHILDERS FOR PRELIMINARY PLAT APPROVAL TO CREATE AND DEVELOP A
RESIDENTIAL SUBDIVISIN KNOWN AS "COUNTRY VILLAGE" COULD BE HEARD AT THIS TIME.
Motion carried.
PRELIMINARY PLAT APPLICATION - COUNTRY VILLAGE
Roehl reported that the preliminary plat application of Herb Childers to
reate and develop a residential subdivision, known as "Country Village" comes
to Council without a recommendation from the Planning and Development Committee.
Council Minutes
July 5, 1984
l Page 3
BECKER MOVED TO DENY APPROVAL OF THE APPLICATION. Becker spoke in support
of,her motion. Hawley and Cole spoke against Becker's motion. Motion failed.
BECKER MOVED TO'REMAND BACK TO THE HEARING EXAMINER WITH INSTRUCTIONS TO
RETURN A RECOMMENDATION TO COUNCIL WITH THE DENSITY BEING LIMITED TO NO MORE
THAN 10 UNITS.
Hansey and Hawley spoke against the motion. Cole and Muenscher spoke in
support of the motion.
ROEHL MOVED TO SUBSTITUTE BECKER'S MOTION, as follows:
"TO REMAND BACK TO THE HEARING EXAMINER THAT THE DENSITY BE AT 1 UNIT PER
5 ACRES."
Hansey spoke against Roehl's motion and spoke in support of holding a
public hearing.
Chairperson Cole re- stated the motion as TO REMAND TO THE HEARING EXAMINER
WITH THE INSTRUCTION TO BRING BACK A RECOMMENDATION WITH THE DENSITY AT THE
MINIMUM LEVEL, WHICH IS 1 UNIT PER 5 ACRES.
Roehl's motion failed.
HANSEY MOVED TO AMEND BECKER'S MOTION, as follows:
"...THAT THE DENSITY BE LIMITED TO NO MORE THAN 16 UNITS."
Motion failed.
HAWLEY MOVED TO SUBSTITUTE BECKER'S MOTION, as follows:
"TO UPHOLD THE RECOMMENDATION OF THE HEARING EXAMINER AND THE 24
RECOMMENDATIONS."
Motion failed.
Chairperson Cole re- stated the motion on the floor, as follows:
"REMAND BACK TO THE HEARING EXAMINER WITH INSTRUCTIONS TO RETURN A
RECOMMENDATION TO COUNCIL THAT THE DENSITY BE LIMITED TO NO MORE THAN 10 UNITS.
Motion carried.
FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES
RESOLUTION - SIX YEAR COMPREHENSIVE ROAD PROGRAM
MUENSCHER MOVED FOR FINAL ADOPTION OF A RESOLUTION IN THE MATTER OF THE
WHATCOM COUNTY SIX -YEAR COMPREHENSIVE ROAD PROGRAM.
The Planning Commission's RESOLUTION IN THE MATTER OF RELATING THE CAPITAL
EXPENDITURE PROJECT OF THE WHATCOM COUNTY BUREAU OF ENGINEERING SIX YEAR
TRANSPORTATION IMPROVEMENT PROGRAM TO THE WHATCOM COUNTY COMPREHENSIVE PLAN, AS
AMENDED was received at this time.
Council Minutes
July 5, 1984
Page 4
Hawley reported the Public Services Committee and the Planning Commission
both recommended "do pass" of the June 27, 1984 revision. Motion oarrjed.
ORDINANCE - GRANTING A NON- EXCLUSIVE FRANCHISE TO NATION WIDE CABLEVISION
ROEHL MOVED FOR FINAL ADOPTION OF AN ORDINANCE (Draft 3, revised 6- 24 -84)
IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE TO NATION WIDE CABLEVISION,
INC., FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE
WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN A CABLE COMMUNICATION
SYSTEM WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY.
_ Hawley reported that Draft 3 of the ordinance reflects amendments made at
the Special Council meeting of June 25, 1984. Hawley noted that the "25 years"
in the title of the ordinance, and also any reference to "25 years" throughout
the ordinance, need to be changed to read "10 years." It was so ordered.
BECKER MOVED TO AMEND, AS FOLLOWS:
Page 20, Line 10 and 11
"Strike all of sub- section (3), and re- number the following sub - sections
accordingly."
Chairperson Cole spoke against the motion. Motion carried.
COLE MOVED TO AMEND, AS FOLLOWS:
Page 20, Line 12:
After the word "rates" and before the word "shall," insert:
" or devaluation of service without a corresponding decrease in rates.
Cole spoke in support of his amendment. Roehl spoke against the amendment.
Cole's motion to amend carried.
COLE MOVED TO AMEND, AS FOLLOWS:
Page 20, Line 22, add the following new sentence:
" Provided, however, the company shall advise all new subscribers, prior to
the payment of connection charges, that the company may, at its discretion,
alter some of the basic program offerings. Provided, further, that the
company shall not represent to potential subscribers that programs area
part of its basic service, when the company knows it is likely that such
programs will be discontinued in the future, unless this fact is disclosed
in advance of the payment of connection charges. "
Hawley spoke in support of Cole's motion. Motion carried.
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C6dncil Minutes
July 5, 1984
Page 5
COLE MOVED TO AMEND, AS FOLLOWS:
Page 20, Line 22 112, add the following new subsection:
"
(e) company may levy connection charges only for services or work
that it actually performs. "
Motion carried.
HANSEY MOVED EXHIBIT "A" THAT ADDITIONAL LANGUAGE BE INCLUDED TO SPECIFY
THE BASIC CABLE SERVICES, AS PRESENTLY PROVIDED BY NATIONWIDE CABLEVISION-IN
THEIR CURRENT PUBLISHED BROCHURE.
Motion carried.
HANSEY MOVED TO STRIKE, AS FOLLOWS:
Exhibit "A"
SERVICE CITY COUNTY
Additional outlets $1.50 $1100
Chairperson Cole spoke in favor of the motion.
Motion carried.
Motion to adopt the ordinance, as amended, carried 6 -1 (Muenscher).
ORDINANCES - SANDY POINT ARM
ROEHL MOVED FOR FINAL ADOPTION OF THE FOLLOWING ORDINANCES:
1. ORDINANCE AMENDING THE 1970 COMPREHENSIVE PLAN MAP DESIGNATION FOR THE
AREA KNOWN AS SANDY POINT ARM;
2. ORDINANCE AMENDING THE INTERIM ZONING ORDINANCE MAP DESIGNATION FOR THE
AREA KNOWN AS SANDY POINT ARM;
3. ORDINANCE AMENDING THE SHORELINE MAP DESIGNATION FOR THE AREA KNOWN AS
SANDY POINT ARM.
Roehl reported the Planning and Development Committee recommended approval.
Motion to adopt all three ordniances carried unanimously.
ORDINANCE - AMENDING THE INTERIM ZONING MAP
ROEHL MOVED FOR FINAL ADOPTION OF THE ORDINANCE AMENDING THE INTERIM ZONING
MAP FROM "AGRICULTURE" TO "GENERAL PROTECTION" FOR A FORTY -SIX ACRE PARCEL
SITUATED IN SECTION 7, TOWNSHIP 40 NORTH, RANGE 4, EAST.
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Council Minutes
July 5, 1984
Page 6
ROEHL MOVED TO AMEND EXHIBIT "A ", AS FOLLOWS:
Page 6, Section 17:
"The area should be considered for the Nia(z Agricultural plan and zoning
designation iAdHeAg during the Lynden- Nooksaek Valley Subarea planning
process."
Motion carried.
ROEHL MOVED TO AMEND PAGE 1, LINE 23 112, AS FOLLOWS:
"...Exhibit "A "I , as amended. "
Motion carried.
Motion to adopt the ordinance carried uanimously.
ORDINANCE - REVISED SHERIFF'S BUDGET
BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED
BUDGET FOR THE 1984 CURRENT EXPENSE FUND, SHERIFF'S BUDGET THEREIN.
BECKER MOVED TO AMEND, AS FOLLOWS:
Line 22 112
Line 23
Change "$4,915.00" to "$4,544.00"
Change "$5,753.00" to "$5,362.00"
Becker reported the Finance Committee recommended approval as amended.
Motion to amend carried.
Motion to adopt carried unanimously.
HANSEY MOVED THAT THE FINANCE COMMITTEE REVIEW THE POLICY OF UNANTICIPATED
FUNDS BY VARIOUS DEPARTMENTS AND REPORT BACK TO COUNCIL. Motion carried.
ORDINANCE - REVISED BUDGET FOR JUVENILE SERVICES
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BECKER MOVED FOR•FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED
BUDGET,FOR THE 1984 CURRENT EXPENSE FUND, JUVENILE ADMINISTRATION BUDGET
THEREIN AND NON- DEPARTMENTAL, JUVENILE SERVICES, BUDGET.
Becker reported the Finance Committee recommended approval. Motion carried
unanimously.
ORDINANCE - REVISED BUDGET FOR DISTRICT COURT BUDGET
ORDINANCE - REVISED BUDGET FOR SUPERIOR COURT BUDGET
BECKER MOVED TO CONSIDER ITEMS 9 AND 10, UNDER FINAL CONSIDERATION OF
RESOLUTION AND ORDINANCES TOGETHER. Motion carried.
BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISED
BUDGET FOR THE 1984 CURRENT EXPENSE FUND, DISTRICT COURT BUDGET AND AN ORDINANCE
AUTHORIZING A REVISED BUDGT FOR THE 1984 CURRENT EXPENSE FUND, SUPERIOR COURT
BUDGET THEREIN.
Council Minutes
July 5, 1984
Page 7
Becker reported the Finance Committee recommended approval of both
ordinances. Motion to adopt buu„ ordinances carried unanimously.
ORDINANCE - ESTABLISHING SUPPLEMENTAL BUDGET TO BUILDINGS AND CODE BUDGET
BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE ESTABLISHING A SUPPLEMENTAL
BUDGET TO THE CURRENT EXPENSE FUND 1984 BUILDINGS AND CODE BUDGET FOR THE
PURPOSE OF PROVIDING FOR ADDITIONAL FUNDS FOR PROFESSIONAL PLAN CHECK SERVICES.
Becker reported the Finance Committee recommended approval. Motion carried
unanimously.
ORDINANCE - ESTABLISHING SUPPLEMENTAL BUDGET TO BUILDINGS AND CODE BUDGET
BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE ESTABLISHING A SUPPLEMENTAL
BUDGET TO THE CURRENT EXPENSE FUND 1984 BUILDINGS AND CODE BUDGET FOR THE
PURPOSE OF PROVIDING FOR ADVERTISEMENT OF THE TEXT OF ORDINANCES ADOPTING THE
1982 CONSTRUCTION CODE.
Becker reported the Finance Committee recommended approval. Motion carried
unanimously.
ORDINANCE - REVISED BUDGET TO MENTAL HEALTH BUDGET
BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISION TO
THE 1984 MENTAL HEALTH BUDGET.
BECKER MOVED TO AMEND, AS FOLLOWS:
Page
1,
Line
17:
Page
1,
Line
22:
Page
1,
Line
24
Page
1,
Line
25
Page
1,
Line
26
Motion to amend carried.
Change "$10,838.801, to 11$5,744.00"
Change "$396.00" to "$22.00"
Change 11$2,794.00" to "$1,397.00"
Strike "$4,071.80"
Change 45,094.80" to "$000.00"
Motion to adopt the ordinance, as amended, carried unanimously.
OTHER BUSINESS
Items 2, 3, 5, 6, under OTHER BUSINESS , were received and disposed of by
consent, as noted on the agenda, the dispositions being:
2. Hearing Examiner recommendations regarding the application of Sandy
Point Heights Company, for preliminary plat approval to create and
develop a residential subdivision known as "Sandy Point Arm,
Division 2" (referred to Planning and Development Committee).
3. Appeal to the County Council requesting review of the Hearing
Examiner's decision of the application of Starry and Hammer (LCR 1 -84)
(referred to a Committee -of- the -Whole meeting).
Council Minutes
Jrxiy 5, 1984
rage 8
5. Planning Commission resolution in the-matter of recommendations on
1984 -B Open Space Taxation Applications (referred to Planning and
Development Committee).
6. a) Petition to vacate the lot line between Lots 11 and 12, Division 8,
Plat of Sudden Valley, filed by Drache Foundation, Ltd, Victor
Drache (referred to Planning and Development Committee).
b) Petition to vacate a portion of Celia Drive, filed by Arni
Simonarson (referred to Planning and Development and schedule a
public hearing).
e) Petition to create a dog control zone in the Birch Bay Village area
filed by J. P. Daem for Birch Bay Village Community Club (referred
to Law and Justice Committee and schedule for a public hearing).
-- Item #4, Planning Commission Resolution relating to the Six Year
Comprehensive Road Program was dealt with along with item #1 under the FINAL
60k IDEkATION OF RESOLUTIONS AND ORDINANCES portion of the agenda.
INTRODUCTION OF RESOLUTIONS AND ORDINANCES
Items 1, 2, and 3 under INTRODUCTION OF RESOLUTIONS AND ORDINANCES were
ntroduoed by consent and disposed of as noted on the agenda, the dispositions
.,eing:
1. Ordinance amending the Resort Commercial Policy No. A.1.1.2 of Point
Roberts Comprehensive Plan Text to allow eating and drinking
establishments for a portion of the geographic area known as Maple
Beach (referred to Planning and Development Committee).
2. 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 (referred to Finance Committee and schedule for a public
hearing).
3. Ordinance authorizing a revised budget for the 1984 Current Expense
Fund, Assigned Counsel Budget (referred to Finance Committee).
Chairperson Cole requested that the following items be added to the agenda.
Council had no objection.
RESOLUTION - AMENDING SALARY SCHEDULE FOR EXEMPT NOR -BELL EMPLOYEES
BECKER MOVED FOR FINAL ADOPTION OF A RESOLUTION IN THE MATTER OF AMENDING
THE SALARY SCHEDULE FOR EXEMPT EMPLOYEES OF NOR -BELL NURSING HOME FOR THE YEAR
1984. Becker reported the Finance Committee recommended approval. Motion
carried.
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Council Minutes
July 5, 1984
Page 9
CERTIFICATE OF SUFFICIENCY - PROPOSED INITIATIVE MEASURE NO. 1 -84
A review was held regarding an ORDINANCE REGARDING "SHALL WHATCOM COUNTY BE
DECLARED A NUCLEAR FREE ZONE AND PENALTIES ESTABLISHED FOR VIOLATION THEREOF ?"
MUENSCHER MOVED TO ENACT THE INITIATIVE ON A NUCLEAR FREE ZONE FOR WHATCOM
COUNTY, AS PRESENTED.
Chairperson Cole stated that it could not be enacted at tonight's Council
meeting, it would have to be drafted into an ordinance and introduced.
MUENSCHER MOVED TO HAVE AN ORDINANCE DRAFTED THAT WOULD ALLOW COUNCIL TO
VOTE ON AND APPROVE THE ORDINANCE AT THE NEXT COUNCIL MEETING.
Chairperson Cole spoke against the motion. Hansey and Becker spoke in
support of the motion.
Chairperson Cole re- stated the motion as TO DIRECT THE CHAIR TO HAVE
DRAFTED AN ORDINANCE FOR CONSIDERATION BY THE COUNCIL WHAT WOULD DECLARE WHATCOM
COUNTY A NUCLEAR FREE-ZONE.
No action taken on Muenscher's motion.
It was the consensus of the Council that Muenscher introduce this
initiative language as an ordinance for consideration by Council
at a future meeting.
CORRESPONDENCE - WATER DISTRICT #4
Correspondence from Robert Tull, dated July 5, 1984, regarding Whateom
County Water District #4 (Point Roberts) Comprehensive Water System Plan, was
received and referred to the Planning and Development Committee.
RESOLUTION - RATE INCREASE PROPOSED BY PUGET POWER
HAWLEY INTRODUCED AND REFERRED TO THE NEXT COUNCIL MEETING A RESOLUTION
REGARDING A REQUEST OF PUGET POWER TO THE WASHINGTON STATE UTILITIES AND
TRANSPORTATION COMMISSION FOR A RAISE IN ELECTRICAL RATES.
REPORTS OF COMMITTEES AND OTHER ITEMS OF CONCERN FROM COUNCILMEMHERS
A Planning Session for Council members to discuss the 1985 Whatcom County
budget will be held August 10th and 11th, 1984.
Hansey stated that he will be gone from July 12 through 27.
Meting adjourned at 11:40 p.m.
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ATTEST':` WHA M COUNTY
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Cler of the- �Coylm Craig W. of
CMJUL.Q1 Chairpers n
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