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HomeMy WebLinkAboutCounty Council for November 15 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- November 15, 1984 The Whatcom County Council was called to order on Thursday, November 15, 1984, at 7:40 p.m. by Chairperson Cole with all members present except Hansey, who arrived at 9:00'p.m., and Johnson. MINUTES The minutes of the November 1, 1984 regular meeting and the November 5, 1984 special meeting of the Council were approved as written. EXECUTIVE ITEMS OVERLIMIT.TRANSFERS -- SOLID WASTE FUND, MENTAL HEALTH. FUND AND CURRENT EXPENSE FUND Tom Sutberry, Budget Director, explained the three over - limit transfers: 1. Solid Waste Fund in the amount of $35,000.00 2. Mental Health Fund in the amount of $15,572.00 3. Current Expense Fund - Non - Departmental Budget in the amount of $14,000.00 BECKER MOVED TO APPROVE THE THREE OVERLIMIT TRANSFERS. Becker reported that the Finance Committee recommended approval of the overlimit transfers. The motion carried. BID AWARDS - FARMERS EQUIPMENT, DEWEY GRIFFIN, INC., WEST COAST PAPER AND MERIDIAN PILE DRIVING, INC. Tom Sutberry explained the background on the four bid awards: 1. Farmers Equipment of Lynden in the amount of $20,500.00 for a tractor 2. Dewey Griffin Inc., in the amount of $35,270.30 for four new half -ton pickup trucks 3. West Coast Paper, in the amount of $14,355.50, for printing and copy paper 4. Meridian Pile Driving, Inc., in the amount of $31,900.00 for demolition of the old Lummi Island ferry dock. .1, Council Minutes November 15, 1984 Page 2 BECKER MOVED TO AUTHORIZE THE BID AWARDS FOR FARMER'S EQUIPMENT OF LYNDEN IN THE AMOUNT OF $20,500.00; DEWEY GRIFFIN, INC., IN THE AMOUNT OF $35,270.30; AND WEST COAST PAPER IN THE AMOUNT OF $14,355.50 AND TO DEFER MAKING A DECISION RELATED TO THE BID AWARD FOR MERIDIAN PILE DRIVING, INC., UNTIL AFTER THE HEARING ON THE WHATCOM COUNTY FERRY RATES. Becker stated that the Finance Committee recommended approval of the bid awards, with the last award being subject to the outcome of the public hearing. The motion carried. FINANCE COMMITTEE REPORT ON THE 1985 PROPOSED BUDGET Finance Committee Chairperson Becker read a letter to the Councilmembers from the Finance Committee dated November 15, 1984, regarding a progress report on the Committee's work on the 1985 budget. She stated that the public hearing for the Finance Committee's proposed 1985 budget would be held on Tuesday, November 27, 1984 at 7 :00 p.m. BECKER MOVED TO SET A FINAL DEADLINE FOR COUNCILMEMBERS' WRITTEN AMENDMENTS TO THE 1985 BUDGET FOR 9:00 A.M., WEDNESDAY, NOVEMBER 28, 1984, AS THE TIME FOR THEM TO BE SUBMITTED TO THE CLERK'S OFFICE. Becker spoke to the motion. The motion carried. BECKER MOVED TO ADOPT A RULE THAT REQUESTS FOR EXPENDITURE INCREASES WOULD NEED TO BE OFFSET BY SHOWING THE REVENUE INCREASE. Cole spoke in support of the motion. Muenscher spoke in support of the motion. Hawley expressed concern about adopting a hard and fast rule such as this. Roehl expressed similar concern. Becker withdrew her motion. HEARINGS RESOLUTION ADOPTING WHATCOM COUNTY 1985 ROAD CONST. PROGRAM The hearing was declared open in the matter of a resolution adopting the Whatcom County 1985 Road Construction Program. Council Minutes November 15, 1984 Page 3 Mel Moore Spoke about the road conditions 289 Shady Glen on Shady Glen; presented the Council Pt. Roberts with a letter to Ed Henken, County Engineer, outlining problems and areas of concern of residents of Shady Lane. John Muggy Spoke on the unsafe conditions of 3388 Haynie Road Haynie Road. Blaine Ed Henken Stated that Mr. Muggy's concerns Whatcom County about the Haynie Road are valid; Engineer the 1985 Road Construction Program lists the Haynie Road as #16, but it will be competing for money with #17 and #18. He stated that Mr. Moore's concerns for Shady Glen may be handled under #30 under the 1985 Road Construction Program and that he would discuss this further with Mr. Moore. Being that no further testimony was received, the hearing was declared closed. Hawley stated that the Public Services Committee reported that they recommended approval subject to the public hearing outcome. HAWLEY MOVED TO REFER THE 1985 ROAD CONSTRUCTION PROGRAM BACK TO PUBLIC SERVICES COMMITTEE. The motion carried. RESOLUTION - 1985 WHATCOM COUNTY HOUSING AND COMMUNITY DEVELOPMENT PLAN/NEEDS STATEMENT The hearing was declared open in the matter of a resolution adopting the 1985 Whatcom County Housing and Community Development Plan /Needs Statement. Being that no testimony was received, the hearing was declared closed. ROEHL MOVED TO APPROVE THE RESOLUTION ADOPTING THE 1985 WHATCOM COUNTY HOUSING AND COMMUNITY DEVELOPMENT PLAN /NEEDS STATEMENT, Roehl stated that the Planning and Development Committee recommended approval of the resolution. The motion carried. Council Minutes November 15, 1984 Page 4 ORDINANCE - ESTABLISHING WHATCOM COUNTY.FERRY RATES FOR 1985 The hearing was declared open concerning the ordinance in the matter of establishing Whatcom County ferry rates for 1985. Phil Stoufer Lummi Island Community Club Asked the Council to grant two weeks' time in order, to further examine the demolition of the old Lummi Island ferry dock. He suggested that there may be other ways to save the County's money, and that perhaps that money could be applied to the savings on ferry rates. Chairperson Cole stated that the ferry rates ordinance for 1985 would be acted on at the same time as the 1985 budget, on November 28th, which was almost two weeks. Mr. Stoufer was encouraged to work with one of the Council members regarding this issue. Being that no further testimony was received the hearing was declared closed. PETITION TO VACATE LOT LINE - LOTS 43 AND 44, DIVISION 7, PARADISE LAKES COUNTRY CLUB. FILED BY REZNICEK The hearing was declared open in the matter of the petition to vacate the lot line between lots 43 and 44, Division 7, Plat of Paradise Lakes Country Club, filed by Mr. and Mrs. Reznicek. Being that no testimony was received, the hearing was closed. This item is scheduled for the Planning and Development Committee meeting on November 27, 1984. PETITION TO VACATE LOT LINE - LOTS 45 and 46, DIVISION 4, PARADISE LAKES COUNTRY CLUB, FILED BY PARK AND SEKOUTRIS The hearing was declared open in the matter of the petition to vacate the lot line between lots 45 and 46, Division 4, Plat of Paradise Lakes Country Club, filed by Gwendoline Park and John Sekoutris. Council Minutes November 15, 1984 Page 5 Gwendoline Park 12341 Winram -Road Surrey, B.C. CANADA Spoke in support of the lot line vacation; answered Councilmembers questions regarding ownership of the two lots. Being that no further testimony was received, the hearing was declared closed. ROEHL MOVED TO APPROVE THE PETITION TO VACATE THE LOT LINE BETWEEN LOTS 45 AND 46, DIVISION 4, PLAT OF PARADISE LAKES COUNTRY CLUB, FILED BY PARK AND SEKOUTRIS, SUBJECT TO RECEIPT OF APPROVAL OF GULF LAND, OR WHOEVER THE UNDERLYING VENDOR IS. Roehl stated that the Planning and Development Committee had recommended that this application not be approved until it was cleared up as to the question of an underlying vendor. He stated that this appeared to be cleared up now and that he saw no problem if Gulf Land agreed to the lot line vacation. The motion carried. OPEN SESSION No one was present to speak at Open Session. The meeting was recessed at 8:45 p.m. The meeting was reconvened at 9:00 p.m. FINAL CONSIDERATION RESOLUTIONS -- TRANSFERS AFFECTING THE 1984 BUDGET AND ADOPTING SALARY SCHEDULE FOR UNREPRESENTED EMPLOYEES OF NOR -BELL NURSING HOME FOR 1985 The resolution in the matter of transfers affecting the 1984 budget and the resolution in the matter of adopting a salary schedule for the unrepresented employees of Nor -Bell Nursing Home for the year 1985 were held in Finance Committee. ORDINANCE - REVISE 1984 MENTAL HEALTH FUND BUDGET BECKER MOVED TO ADOPT THE ORDINANCE TO REVISE THE 1984 MENTAL HEALTH FUND BUDGET. Becker stated that the Finance Committee had recommended approval of this ordinance. The motion carried. Council Minutes November 15, 1984 Page 6 OTHER BUSINESS HEARING EXAMINER'S SUPPLEMENTAL FINDINGS OF FACT ON REMAND IN THE MATTER OF HERB CHILDERS APPLICATION FOR PRELIMINARY PLAT APPROVAL - "COUNTRY VILLAGE" Bob Tull, attorney for adjacent property owners Mr. and Mrs. Brooks, was present to speak, as was Bob Andersen, who represents other surrounding property owners. Mr. Tull stated that his clients felt the fence should be on the developer's property and that the present fence is located on the Brooks' property. Roehl gave the Planning and Development Committee report and stated that the Committee recommended .that Council amend the Hearing Examiner's supplemental findings of fact and conclusions of law and recommended decision on remand with the following amendments: 1. Existing barbed wire fence be supplemented with 3 feet of wire mesh fence, provided the owner of the property to the south agreed to the installation of the wire mesh. 2. Village Lane shall be moved approximately 160' north, leaving approximately 140' of buffer between the south edge of the road and the south property line. The buffer area between the road and the south property line will be planted with vegetation that will screen noise, traffic and dust. 3. Village Lane will not be required to have a bituminous oil surface, and gravel surface will be acceptable. Roehl stated that the existing fence is located on the Brooks' property which creates a problem for adding wire mesh fence. The recommendation of the Committee also included holding an additional public hearing, however if the Brooks and Childers can reach agreement outside of that, it would not appear to be necessary. ROEHL MOVED TO HOLD THIS ITEM OVER UNTIL THE DECEMBER 6, 1984 MEETING AND REFER IT BACK TO PLANNING AND DEVELOPMENT COMMITTEE. The motion carried. Council Minutes November 15, 1984 Page 7 STARRY /HAMMER APPEAL - LOT CONSOLIDATION RELIEF, LCR 1 -84 Bob Tull, attorney for the applicants, was present to speak on their behalf, as was Sam Peach, attorney. Terry Lewis, Deputy Prosecuting Attorney, was present to speak on behalf of the Bureau of Building and Codes. Mr. Lewis stated that his clients have withdrawn their opposition to the appellant's p6int of view. Mr. Tull stated that he felt the Council should either remand the case back to the Hearing Examiner, implement its own decisions, or have the Bureau of Building and Codes, Health Department and Engineering Staff work together to come up with a solution. ROEHL MOVED TO REMAND THE STARRY /HAMMER APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING LOT CONSOLIDATION RELIEF APPLICATION, FILE NO. LCR 1 -84, APPEAL NO. CH 2377 BACK TO THE HEARING EXAMINER AND THAT THE COUNCIL WOULD FIND THAT THE HEARING EXAMINER DOES HAVE THE AUTHORITY TO GRANT RELIEF SUBJECT TO CONDITIONS UNDER WHATCOM COUNTY CODE 20.93.410 AND THAT THE HEARING EXAMINER SHOULD RECONSIDER HIS DECISION IN LIGHT OF COUNCIL'S DECISION, Cole spoke in support of the motion. The motion carried. APPLICATION FOR LIQUOR LICENSE - SEA LINKS GOLF COURSE AND 19TH HOLD CAFE, FILED BY VOGT, HANSEN & KERNEY HAWLEY MOVED TO APPROVE THE APPLICATION FOR LIQUOR LICENSE, CLASS ACEF FOR SEA LINKS GOLF COURSE AND 19TH HOLD CAFE, 7878 BIRCH BAY DRIVE, BLAINE, FILED BY VOGT, HANSEN AND KERNEY. Hawley stated that the Law and Justice Committee had recommended approval of the application. The motion carried. PETITION APPEALING ASSESSOR'S DETERMINATION OF DESTROYED PROPERTY, FILED BY HILDA CATHERALL The petition appealing the Assessor's determination of destroyed property filed by Hilda Catherall was scheduled for public hearing on December 6, 1984. Council Minutes November 15, 1984 Page 8 CORRESPONDENCE - VICTOR DRACHE The correspondence received that the vacation of the lot line Plat of Sudden Valley be repealed and Development Committee. from Victor Drache requesting between lots 8 /11 and 8/12, was referred to the Planning PETITION - LOT LINE VACATION - JOHN CARRABRE The petition requesting that the lot line between lots 84 and 85, Division 13 in the Plat of Sudden Valley be vacated, filed by John Carrabre, was referred to Planning and Development and scheduled for public hearing on December 6, 1984. INTRODUCTION OF RESOLUTIONS AND ORDINANCES The following ordinances were introduced by consent and referred as noted: 1. Ordinance in the matter of providing that the County may contract with owners of real estate for the construction of improvements of street or road projects which the owners elect to install as a result of ordinances that require projects as a prerequisite to further property development and partial reimbursement to the owner or owner's assigns for a period not to exceed 15 years or a portion of the cost of the project (referred to Public Services Committee; scheduled for public hearing December 20, 1984) 2. Ordinance authorizing the distribution of Public Utility District Privilege Tax Revenues (referred to Finance) 3. Ordinance requiring Council approval of County grant applications (referred to Finance) . 4. Ordinance revising the 1984 Current Expense Fund, Non - Departmental Budget therein (Fire District Dispatch) (referred to Finance) 5. Ordinance revising the 1984 Current Expense Fund, Non - Departmental Budget therein (Bellingham Ambulance Services) (referred to Finance) 6. Ordinance adopting a revised budget for the Current Expense Fund 1984 budget for the purpose of providing for interfund contribution tow =the Building Maintenance Fund (referred to Finance) Council Minutes November 15, 1984 Page 9 7. Ordinance adopting a revised 1984 budget for the Whatcom County Building Maintenance Fund (referred to Finance) 8. Ordinance regarding the matter of placing stop and yield signs on various county roads (referred to Law and Justice; schedule public hearing) 9. Ordinance regarding the matter of establishing speed limits on various County roads (referred to Law and Justice; schedule public hearing) 10. 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 inter- section; and amending the text of the "tourist business" interim zoning district (schedule for final con., 12/6) 11. Ordinance amending the Lake Whatcom Subarea Comprehensive Plan affecting chemical use in the Lake Whatcom Water - shed.(schedule for final consideration 12/6/84) 12. Ordinance adopting the Whatcom County Development Standards (schedule for final consideration 12/6/84) 13. 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.(referred to Finance) REPORTS AND OTHER ITEMS OF CONCERN FROM COUNCILMEMBERS HAWLEY MOVED THAT THE THE PUBLIC WORKS PORTION OF THE PROPOSED 1985 BUDGET BE PLACED BEFORE THE PUBLIC SERVICES COMMITTEE FOR REVIEW AT A MEETING TO BE HELD WEDNESDAY, NOVEMBER 21, 1984, FROM 8:00 A.M. TO 10:45 A.M. Cole restated the motion, stating that the Public Works portion of the budget would also be referred to the Public Services Committee for review. Hawley spoke to the motion. Becker spoke in support of the basic intent of the motion. Cole spoke in support of the motion. Hansey spoke in support of the motion, and suggested that in ensuing budget deliberations that the Public Works Department budget be discussed in a joint Finance /Public Services Committee session. Council Minutes November 15, 1984 Page 10 Roehl agreed with Hansey regarding a possible joint session. The motion carried. Hawley stated that a report on the Public Service meeting held on November 13th will be given on the Soldiers and Sailors Relief Fund recommendation at the December 6, 1984 Council meeting. The meeting adjourned at 9:50 p.m. WHA ATTEST: Carol Ebergso Clerk of the Council UNCIL ASMI NGTON