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HomeMy WebLinkAboutCounty Council for October 4 1984OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL Minutes -- October 4, 1984 The Whatcom County Council was called to order on Thursday, October 4, 1984 at 8:00 p.m. by Chairperson Cole with all members present. SPECIAL ORDER OF BUSINESS Councilmember Muenscher addre8sed the 4 -H members who were present at the meeting and read a proclamation declaring October 7 through 13, 1984, as National 4 -H Week in Whatcom County. The 4 -H members were then presented with the proclamation. MINUTES The minutes of the September 20, 1984, Council meeting stand approved as written. EXECUTIVE ITEMS._. Executive Van Zanten provided background information on the two overlimit transfers. BECKER MOVED TO APPROVE THE REQUEST FOR AN OVERLIMIT.TRANSFER FOR THE SOLID WASTE MANAGEMENT FUND. BECKER MOVED TO AMEND THE OVERLIMIT TRANSFER WITH TI•IE FOLLOWING: FROM 40100 - 631 -10 -64 Machinery and Equipment $6970,000.00 TO 40100 - 631- 10 -53 -23 Road Fund - Materials $625,000.00 Becker spoke to the amendment and stated that the Finance Committee recommended approval. Motion to amend carried. Motion, as amended, carried. BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER FOR THE PROSECUTING ATTORNEY'S OFFICE. Becker spoke to the motion and gave the Finance Committee's recommendation report. Motion carried. REPORT OF THE EXECUTIVE Executive Van Zanten briefed the Council regarding spraying on Lummi Island and the road work that was being done on the Island. Council Minutes October 4, 1984 Page 2 ROEHL MOVED TO PLACE THE OPEN SESSION ON THE AGENDA AT THIS TIME. Motion carried. OPEN SESSION Pam Gould Lummi Island resident Lloyd Halliday 3037 Alderwood Judith Azrael Lummi Island resident Tom Doyle Lummi Island resident Don VanValkenberg School bus driver on Lummi Island Steven Schneider 2155 Tuttle Lane Jim Dunlap Mt. Baker Rim Homeowners Nogie King Mt. Baker Watershed Supports a non - herbicide spraying policy for Lummi Island and Whatcom County, long -range plan. Read a portion of an article to the Council regarding herbicide spraying and impacts on cattle. Stated that the amount of roadway being discussed is 18 miles on Lummi Island. Spoke in favor of spraying herbicide on Lummi Island in conjunction with the roadwork being done. Expressed concern about safety on the roads on Lummi Island; stated that there is now less shoulder than previously. Suggested that the Council review the Lummi Island Plan, particularly pp. 20 -21 before any decisions are made. Spoke in favor of the hearing declaring the Mt. Baker Rim lot 39, Block 6 and lot 25, Block 1 surplus property. Stated that the accuracy of EPA findings on herbicides show that approximately 11% of-all chemicals have only been partially tested. Council Minutes October 4, 1984 Page 3 Barbara Ford Noxious Weed Commisssion Spoke in favor of alter- natives to herbicide spraying. Michael Savatgy Stated that chemicals Mt. Baker Watershed are not always better; figures on the cost per mile show spraying at $31 /mile and mowing (twice) at $42 /mile. BECKER MOVED TO DIRECT THE ADMINISTRATION TO WITHHOLD ANY SPRAYING ON LUMMI ISLAND UNLESS THE MAT'T'ER IS BROUGHT BACK BEFORE THE COUNCIL. Becker spore to the motion. Hawley spoke to the motion. HAWLEY MOVED TO AMEND THE MOTION BY DELETING THE WORDS "ON LUMMI ISLAND" AND INSERTING THE WORDS "COUNTY -WIDE ON THE ROADSIDES" Hansey spoke against the amendment. Marlin Hanson, from the County's Public Works Department, stated that the County had planned on spraying in the County during the remainder of this year. Becker spoke in support of the amendment. Hawley spoke in support of the amendment. Johnson spoke against the amendment. Hansey raised a point of order that according to Section 2.24 of the County Charter the Council would be in violation of the Charter if they passed the motion. Cole stated that Section 2.24 of the Charter prohibits the County Council from interfering with the Administration and prohibits the Council from giving orders to officers or employees of the Executive. Cole ruled that it is procedurally proper for the Council to vote on the motion. He further stated that the effect of the motion, if adopted, is subject to legal interpretation. Cole spoke in support of the amendment and further stated that if the Council is going to set policy, it must do so by ordinance in order to establish law. Cole stated that if this motion is adopted it would not have the force of law because it is not in ordinance form. Hansey spoke to the point of order and stated that the Council does have the authority to establish a policy, but that according to the County Charter it shall be through ordinances and through the proper procedure of public notification, public hearing process, due deliberation and then determination.by the Council. Cole stated that the Chair would allow a vote on the motion, with the understanding that its legally binding effect on the Executive Council Minutes October 4, 1984 Page 4 is questionable. If passed, it would be a statement of the opinion of the Council regarding spraying. Cole restated the motion stating that the Becker motion was to direct the Executive to cease roadside spraying on Lummi Island until such time as the matter is brought back to the Council for approval. The Hawley amendment to the motion is to make the motion applicable County -wide. Cole cautioned the Council that if the amendment and motion pass, then alternatives to roadside spraying, as well as the revenue source for alternatives, will need to be addressed by the Council. Muenscher spoke against the amendment. The motion to amend carried. Hansey spoke against the main motion as amended. Roehl spoke in support of the motion. HANSEY MOVED TO AMEND THE MOTION BY ADDING AT THE END OF THE MOTION THE WORDS "AFTER MARCH 1, 1985, AND THAT THE COUNCIL SHALL ESTABLISH POLICY PRIOR TO THAT DATE. ROADSIDE SPRAYING ON LUMMI ISLAND SHALL CEASE IMMEDIATELY." Hansey spoke to the motion to amend. Roehl spoke in support of the motion to.amend. Becker spoke against the amendment. Motion to amend carried. Motion, as amended, carried. Cole stated that this issue would be placed on the agenda of a future Council meeting in order to begin developing a more definitive policy. The Council asked the administration -to present the Council with its opinion with regards to the spraying issue and the economics involved, as well as the environmental impacts of the issue. Testimony will be solicited from others as well. The Council recessed at 9:30 p.m. The meeting reconvened at 9:35 p.m. HEARINGS ORDINANCE:= NATIONWIDE CABLEVISION, RATE CHANGE The hearing was declared open in the matter of an ordinance granting a non - exclusive franchise to Nationwide Cablevision, Inc., for a period of 10 years pursuant to State Law and Section 9.30 of the Whatcom County Home Rule Charter, to operate and maintain a Council Minutes October 4, 1984 Page 5 cable communication system within the unincorporated areas of Whatcom County. Being that no testimony was received, the hearing was closed. Roehl spoke on the background of this ordinance. Keith Trafton, representing Nationwide Cablevision, Inc., answered questions of the Councilmembers. Roehl stated that the Public Services Committee has reviewed the ordinance and recommends approval. Johnson spoke in support of the ordinance. Hansey spoke against the ordinance. Cole spoke against the ordinance. ROEHL MOVED TO DELETE EXHIBIT "A" ATTACHED TO THE'ORDINANCE. Roehl spoke to the motion. Motion to delete the Exhibit "A" carried. Roll call vote was taken on the ordinance. The ordinance failed (3 -3, Muenscher was out of the room). SURPLUS PROPERTY - MT. BAKER RIM The hearing was declared open in the matter of the County Executive's proposal to declare surplus certain county owned property, located in the Mt. Baker Rim Division One. Jim Dunlap Spoke in favor of declaring the Mt. Baker Rim Homeowners property surplus. Being that no further testimony was received, the hearing was closed. Executive Van Zanten explained the procedure of declaring property surplus to the Council. JOHNSON MOVED TO SURPLUS THE COUNTY -OWNED PROPERTY LOCATED IN THE MT. BAKER RIM DIVISION ONE, BLOCK 6, LOT 39 AND BLOCK 1, LOT 25, TO THE HIGHEST AND BEST BIDDER. HAWLEY MOVED TO AMEND THE MOTION BY STATING THAT THE MINIMUM BID PRICE SHALL BE AT LEAST AS HIGH AS THE DELINQUENT TAXES ON THE LOTS. Motion to amend carried. The motion, as amended, carried. Council Minutes October 4, 1984 Page 6 FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES RESOLUTION - SALMON MANAGEMENT TREATY Roehl asked to have this resolution held until a subsequent meeting. RESOLUTION - CONTRACT WITH URS ENGINEERS, COMPREHENSIVE DRAINAGE STUDY Executive Van Zanten commented on the changes that had been made in the contract document on pages 2 and 6. BECKER MOVED FOR FINAL ADOPTION OF THE RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR CONSULTING SERVICES WITH URS ENGINEERING FOR PHASE I - COMPREHENSIVE DRAINAGE STUDY FOR THE PURPOSE OF PROVIDING A COUNTY -WIDE COMPREHENSIVE DRAINAGE STUDY. BECKER MOVED TO AMEND THE RESOLUTION BY DELETING PAGES 2 AND 6 AND INSERTING THE CORRECTED PAGES 2 AND 6 AS PROVIDED BY THE EXECUTIVE'S OFFICE. Motion to amend carried. A recess was called at 10:35 p.m. The meeting reconvened at 10:40 p.m. Hawley spoke against the resolution. Becker spoke in support of the resolution. HANSEY MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: "Strike the proviso which starts on the bottom of page 1 which ends on line 4 of the second page with 11984'." Hansey spoke to the amendment. Motion to amend carried. Hawley spoke against the resolution as amended. Cole spoke in support of the resolution. The motion to adopt the resolution, as amended, carried (4 -3). Council Minutes October 4, 1984 Page 7 ORDINANCE - REVISING PUBLIC DEFENDER'S BUDGET BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AUTHORIZING A REVISION FOR THE 1984 CURRENT EXPENSE FUND, PUBLIC DEFENDER'S BUDGET THEREIN. Becker spoke to-the motion and stated that the Finance Committee recommended approval. The motion carried-(5-2). ORDINANCE - ESTABLISHING PARAMETERS FOR BID REQUIREMENTS BECKER MOVED FOR FINAL ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.08 OF THE WHATCOM COUNTY CODE FOR THE PURPOSE OF ESTABLISHING PARAMETERS FOR BID REQUIREMENTS. Becker spoke to the motion and stated that the Finance Committee recommended approval. Cole spoke in support of the motion. The motion carried unanimously. OTHER BUSINESS Cole excused himself from the meeting at this time due to the possibility of a conflict of interest with the next item on the agenda. Johnson chaired the meeting at this point. MOTION TO DISMISS APPEAL - MT. CONSTITUTION SITES, INC. Roehl briefed the Council on the background of the appeal. The Motion to Dismiss the appeal was filed with the Council on the basis that the appeal was not,filed by a party of record. Roehl stated that he felt that both sides of the issue should be given an opportunity to respond to questions from the Council. Mr. Freeman was called forward, as was Art Breakey, owner of Mt. Constitution Sites, Inc. Mr. Breakey stated his reasons for filing the Motion to Dismiss the appeal. Mr. Breakey spoke in support of filing the Motion to Dismiss. Mr. Freeman stated that he was out. of the city at the time of the hearing, which was why he was not at the Hearing Examiner's public hearing. Becker requested that Mr. Freeman be sworn in on oath in order to present further testimony regarding the appeal. Vice Chairperson Johnson swore in Mr. Freeman. Council Minutes October 4, 1984 Page 8 Mr. Freeman stated that he had never been told that he wasn't qualified to make the appeal. He stated that he had asked other property owners if they would agree to contribute to the appeal. Mr. Freeman stated that every property owner but one had contributed to paying for the appeal. Of the total amount of money deposited for the appeal, $25.00 of that total belonged to Mr. Freeman. Other property owners had agreed that Mr. Freeman could represent them in the appeal process. BECKER MOVED TO REJECT THE MOTION TO DISMISS THE APPEAL OF THE DECISION OF THE HEARING EXAMINER REGARDING THE APPLICATION FOR CONDITIONAL USE PERMIT (C.U. 33 -84), MT. CONSTITUTION SITES, INC., FOR THE FOLLOWING REASONS AND THAT THE COUNCIL MAKE THE FOLLOWING FINDINGS: 1. MR. FREEMAN WAS TOLD BY COUNTY OFFICIALS HOW TO FILE THE APPEAL, WITH THE IMPLICATION THAT HE WAS AN APPROPRIATE PARTY. 2. FUNDS WERE CONTRIBUTED FOR COST OF THE APPEAL BY PROPERTY OWNERS WHO WERE PARTIES OF RECORD. 3. THE ABOVE FACTS CONSTITUTE EXTRAORDINARY CIRCUMSTANCES WHICH ALLOW FOR AN EXCEPTION TO BE MADE TO THE PROCEDURE ON THE BASIS THAT MR. FREEMAN, WHILE TECHNICALLY NOT A PARTY OF RECORD, WAS AUTHORIZED TO FILE THE APPEAL ON BEHALF OF THE PARTIES OF RECORD, AND REASONABLY BELIEVED HE HAD THE RIGHT TO DO SO. Becker spoke to the motion. The motion carried. ANNOUNCEMENT OF VACANCY - BOARD OF EQUALIZATION Johnson announced that there is a vacancy on the Board of Equalization for the unexpired term of John Bruton, District 2, which would have terminated January 1, 1986. Nominations will be made by the Council members at the October 18th meeting. DEPUTY HEARING EXAMINER JOHNSON MOVED THAT THE COUNCIL AUTHORIZE THE DEPUTY HEARING EXAMINER TO CONTINUE FULL -TIME UNTIL A HEARING EXAMINER IS APPOINTED. The motion carried. Council Minutes October 4, 1984 Page 9 INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION - WORKSHOP TRAINING CENTER, REFERENDUM 37 FUNDS BECKER MOVED TO INTRODUCE AND ADOPT A RESOLUTION REGARDING WHATCOM COUNTY'S SPONSORSHIP OF A PROJECT PROPOSED BY THE WORKSHOP TRAINING CENTER TO USE STATE REFERENDUM 37 FUNDS TO PURCHASE WORK STATIONS AND LOCKERS. Becker spoke to the motion and gave the Finance Committee's recommendation of approval for the resolution. The motion carried. RESOLUTION - WHATCOM COUNSELING AND PSYCHIATRIC CLINIC BECKER MOVED TO INTRODUCE AND ADOPT A RESOLUTION REGARDING WHATCOM COUNTY'S SPONSORSHIP OF A PROJECT PROPOSED BY THE WHATCOM COUNSELING AND PSYCHIATRIC CLINIC TO USE STATE REFERENDUM 37 FUNDS TO PURCHASE APPLIANCES. Becker spoke to the motion and gave the Finance Committee's recommendation of approval for the resolution. The motion carried. BECKER MOVED TO INTRODUCE THE FOLLOWING ORDINANCES BY CONSENT AND REFER THEM AS FOLLOWS: 1;' AN ORDINANCE TO REVISE THE 1984 CURRENT EXPENSE FUND, DISTRICT COURT AND PROSECUTING ATTORNEY'S BUDGETS THEREIN (REFER TO FINANCE COMMITTEE) AN ORDINANCE IN THE MATTER OF REDUCING THE SPEED LIMIT ON SAMISH WAY (PUBLIC SERVICES HAS REVIEWED; SCHEDULE PUBLIC HEARING) The motion carried. RESOLUTION - FARM LAND TRUSTS - OPEN SPACE ACT MUENSCHER MOVED FOR INTRODUCTION OF A RESOLUTION ASSISTING PROPERTY OWNERS IN ESTABLISHING THEIR PROPERTY UNDER THE OPEN SPACE ACT, CHAPTER 84.33 RCW. Muenscher� spoke to the motion. The motion carried. MUENSCHER MOVED FOR ADOPTION OF A RESOLUTION ASSISTING PROPERTY OWNERS IN ESTABLISHING THEIR PROPERTY UNDER THE OPEN SPACE ACT, CHAPTER 84.33 RCW. Johnson spoke,against the motion. Coghbil -Mkft 110s, Oct- 6r 4 01M. - I- I Page -- , ,It -was.;derided to hold this item on the agenda over until the October 18, 1984, Council meeting. The meeting was adjourned at 11:55 p.m. WHATCOM COUNTY COUNCIL ATTEST: 1: Eb 6 gsozi Cl,#,kji of the Council El