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HomeMy WebLinkAboutCounty Council for April 7 1983WHATCOM COUNTY COUNCIL Minutes April 7, 1983 � The Whatcom County Council meeting was called to order on Thursday, April 7, 1983 at 7:40 p.m. by Chairperson Cole with all members present except Muenscher. Muenscher entered the meeting at 7:45 p.m. The minutes of the March 17, 1983 meeting were approved Y as presented. EXECUTIVE ITEMS CONFIRMATION OF APPOINTMENTS / Executive Louws requested confirmation of the appoint- ments of Eileen Schenk and Terry Unger for six year terms to the Nor -Bell Nursing Home Board. Johnson so moved to confirm the appointments. Motion passed. RATE ADJUSTMENTS FOR ER & R EQUIPMENT Executive Louws submitted to the Council proposed rate ,adjustments for rental of equipment owned by the Equipment Rental and Revolving Fund. The matter was referred to the Finance Committee for review. BID AWARD - CLEANING & PAINTING BRIDGES Executive Louws recommended the bid of Tri -S Painting, Inc., in the amount of $31,320.00 including tax, for the painting of five bridges in Whatcom County. Hansey stated the Finance Committee recommended approval of the bid. Hansey so moved to approve the bid as presented. Motion passed. LINE ITEM TRANSFER - DISTRICT COURT BUDGET The Executive requested approval of a line item transfer in the District Court Budget in the amount of $20,509.00. Executive Louws stated the transfer is tied to the passage of an ordinance requesting a revised budget for the District Court Budget, to be considered by the Council under Final Consideration. The transfer will be held until such time of the passage of the ordinance. Whatcom County council Minutes April 7, 1983 page two OPEN SESSION Barbara Ford 2901 Cottonwood Mason Hewett 2836 W. Maplewood Tim Stetz 568 Innis Creek Road Patrick Allesee 9865 Harbor Road -Spoke to the language of the agreement used for property owners who wish to assume responsibility for controlling brush and weeds along the roadways. -Also spoke to the language in the "Owner Will Maintain" Agreement. -Spoke to the language of the "Owner Will Maintain" Agree - ment. - Wished to speak to the Ron Mace Covenant issue. Will reserve his comments until the matter comes ap under Other Business. HEARINGS ORDINANCE - WHATCOM COUNTY CABELVISION, INC. Hearing was declared open on the ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE TO WHATCOM COUNTY CABLE- VISION, INC. FOR A PERIOD OF 25 YEARS PURSUANT TO STATE LAW; 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. The following testi- mony was received: Lex Walters -State concerns regarding: McCaw Communications 1) Pg. 1, line 29, change the word Bellevue "audiovisual" to "coaxelcable" 2) Pg. 2, line 20, (same change as on page 1 3) Pg. 10, lines 16 & 17, issue of bonding 4) Pg. 12, line 24 the word "imme- diate 5) Pg. 14, line 14 change 1130 days" to 1190 days" 6) Pg. 20, line 18, insert. "via certified mail delivered t_o business office - Whatcom County Council Minutes April 7, 1983 page three Lex Walters -7) Pg. 21, line 23, part 5, Have the option to appeal to the full Council if not satis- fied with the findings of the Rate Review Board. No further testimony was received and the hearing was closed. The Ordinance was referred to the Public Services Committee. Van Zanten brought to the Council's attention a handout that included suggested language for an ordinance setting up a Rate Review Board. Hawley stated he felt the Board should be advisory only. This matter will also be discussed at the Public Services Committee.meeting. FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES RESOLUTION TO TRANSFER PROPERTY V Johnson.moved for final passage the RESOLUTION TO TRANSFER REAL PROPERTY FROM WHATCOM COUNTY TO FIRE DISTRICT NO. 14. He reported the Planning and Development Committee recommended passage of the resolution. Roehl moved to amend the resolution on page one, at the end of the last paragraph strike the period and add a comma and the following: "provided however, that the easement as set forth in Exhibit "A" (attached) is retained by Whatcom County." Motion to amend passed. Motion to adopt the resolution as amended passed. ORDINANCE - SALES AND USE TAX Hansey moved to accept the second substitute draft of:an ORDINANCE AMENDING ORDINANCE NO. 82 -68 IMPOSING A SALES AND USE TAX PURSUANT TO_R.C.W. 82.14.030(2).- Motion passed. Hansey moved the second substitute ordinance for final passage. Motion passed on a 6 -1 vote (Hawley). ORDINANCE - AMENDING ORDINANCE NO. 82 -85 Y Hansey moved to accept the draft two of an ORDINANCE AMENDING ORDINANCE NO. 82 -85, AN ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY AUTHORIZING THE ACQUISITION, CON- STRUCTION AND INSTALLATION OF THE EXPOSITION BUILDING ON THE GROUNDS OF THE NORTHWEST WASHINGTON FAIR, AND THE REPAIR AND REPLACEMENT OF COUNTY ROADS AND DRAINAGE FACILITIES; PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED TAX LEVY GENERAL OBLI- GATION BONDS OF THE COUNTY IN THE PRINCIPAL SUM OF $1,300,000; Whatcom County , ..uncil Minutes April 7, 1983 page four ,/PROVIDING THE DATE, FORM, TERMS AND MATURITIES OF SAID BONDS; PROVIDING FOR THE ANNUAL LEVY OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS; AND PROVIDING FOR THE SALE THEREOF BY MODIFYING SECTION 2.B. ENTITLED "ROAD IMPROVEMENTS. ". Motion passed. Hansey moved to draft for final passage. Hansey reported the Finance Committee recommended "do pass'.' of the ordinance. Motion to adopt the ordinance passed unanimously. / ORDINANCE - NOXIOUS WEED CONTROL BOARD Hansey moved for final passage the ORDINANCE AMENDING ORDINANCE NO. 81 -61, W.C.C. CHAPTER 2.27 RELATING TO ENFORCE- MENT POWERS OF THE NOXIOUS WEED CONTROL BOARD. He reported the Finance Committee recommended "do pass" of the ordinance. Motion passed unanimously. ORDINANCE - DISTRICT COURT BUDGET Hansey moved for final passage the ORDINANCE AUTHORIZING A REVISED BUDGET FOR THE DISTRICT COURT BUDGET WITHIN THE CURRENT EXPENSE FUND. He reported the Finance Committee recommended "do pass" of the ordinance. Motion passed on a 6 -0 vote (Roehl out). LINE ITEM TRANSFER - DISTRICT COURT BUDGET Hansey moved to approve the line item transfer in the District Court Budget in the amount of $20,509.00. Motion passed. / ORDINANCE - EMERGENCY SERVICE COMMUNICATION SYSTEM Hansey moved for final passage the ORDINANCE ESTAB- LISHING AN EMERGENCY SERVICE COMMUNICATION SYSTEM FUND. He reported the Finance Committee recommended "do pass" of the ordinance. Motion passed unanimously. ORDINANCE - ROAD IMPROVEMENT DISTRICT Hansey moved for final passage the ORDINANCE CONFIRMING, RATIFYING AND APPROVING THE FORMATION OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 5. He reported the Finance Commit- tee recommended "do pass" of the ordinance. Motion passed on a 6 -0 vote (Muenscher out). Whatcom County - ouncil Minutes April 7, 1983 page five OTHER BUSINESS CORRESPONDENCE RECEIVED . - Correspondence was received from a summer resident at ''439 East Lake Samish Drive and it was referred to the County Executive, County Assessor and Public Services Commit- tee. PETITION RE: VACATION STEWART ROAD A petition was received requesting the vacation of a portion of Stewart Road in Bakerview Addition, filed by Bob Veenstra. The petition was referred to the Planning and Development Committee. HEARING EXAMINER RECOMMENDATION'S - BEACHWOOD PARK Hearing Examiner recommendation's regarding a revi- sion to Whatcom County Interim Zone Ordinance 2.24.840 and Shoreline Substantial, Development Permit related to Beachwood Park was received and referred to the Planning and Development Committee. DISSOLUTION OF SEWER DISTRICT NO. 1 Van Zanten reported the Public Services reviewed the request from the City of Bellingham to dissolve Sewer ,/District District No. 1. A letter was received from Mayor 1/ Ken Hertz, City of Bellingham, (dated April 4, 1983) stating that it is the City of Bellingham's intention to serve Sewer District No. 1 as a direct service area once the district is formally dissolved. Van Zanten moved that the Council give consent to the dissolution of Sewer District No. 1 and authorize the Executive to intiate the proper legal procedures to do so and that he enter into agreement with the City of Bellingham as proposed in the draft agreement of January 4, 1983. Motion passed. Whatcom County Council Minutes April 7, 1983 page six REMOVAL OF RESTRICTIVE COVENANT AT BIRCH BAY, RON MACE Consideration was held of the removal of a restrictive �ovenant on real property at Birch Bay, requested by Ron Mace. Correspondence relating to the matter on file are from Paula Smith, Patrick Alesse and Craig Hayes, attorney. Johnson reported the Planning and Development Committee reviewed the matter and referred it on for full Council review. Hayes, attorney for Mace., stated the Alesee's have appeal the Hearing Examiner decision and so the applicant wishes to withdraw his requst for the removal of the restriction until after the outcome of the appeal. Patricia Alesse submitted a handout and spoke against the removal of the covenant. Johnson moved to postpone action on the matter until such time as the Planning and Development Committee brings the matter back to the full Council. Motion passed. BID OFFICIAL PRINTING FOR WHATCOM COUNTY Hansey reported the Finance Committee recommended the V/ bid of the Westside Record Journal for the official printing for Whatcom County. Hansey so moved to accept the bid of the Westside Record Journal and to authorize the Executive to enter into contract. Motion passed.. DISSOLUTION OF FIRE DISTRICT NO. 20 The Auditor's request to dissolve Fire District No. 20 was before the Council. Van Zanten brought to the Council's attention a memorandum from Deputy Prosecuting Attorney Bruce Disend, who indicates the Council has no legal authority to proceed with a dissolution of Fire District No. 20 at this time. He advised the Council to hold the matter in abeyance.for one more year. The Council will then be able to proceed with the dissolution under R.C.W. 36.96. It was the consensus of the Council to hold the matter for one year. Whatcom County Council Minutes April 7, 1983 page seven APPOINTMENTS TO BOARD OF EQUALIZATION The appointment of two members to the Board of Equalization was before the Council. Those nominated at the March 17, 1983 meeting are Jack Mulhern and Arne Hanna from District No. 1, V/ and Stan Bob Bruce, Lloyd Halladay from District No. 3. A roll call vote was taken as follows: Hanna - 4, Bruner - 4, Bruce - 2, Mulhern - 2, Halladay - 0. Hanna and Bruner were so appointed to the Board. Hanna will fill the unexpired term of Joyce Baumann, which term shall expire June 30, 1983. Bruner will fill the unexpired term of Russ Motschenbacher, which term shall expire June 30, 1985. ADDENDUM TO PEACEFUL VALLEY FINDINGS OF FACT Consideration was held of a proposed addendum to Peaceful Valley Findings of Fact.' Johnson moved to approve the amended v findings of fact as submitted by the Deputy Hearing Examiner, Stafford Smith. Motion passed. INTRODUCTION OF RESOLUTIONS AND ORDINANCES RESOLUTION RE: TERMS OF OFFICE ON BOARDS AND COMMISSIONS Van Zanten introduced and moved for final passage a EESOLUTION AMENDING RESOLUTION NO. 80 -13 IN THE MATTER OF STABLISHING TERMS OF OFFICE ON.BOARDS AND COMMISSIONS AS APPOINTED BY WHATCOM COUNTY COUNCIL. Muenscher questioned the words "just cause ". Van Zanten moved to refer the matter to the Law and Justice Committee. Motion passed. RESOLUTION RE: SUPERIOR COURT BAILIFFS Hansey introduced a RESOLUTION ESTABLISHING WAGES AND IV COMPENSATION GUIDELINES FOR SUPERIOR COURT BAILIFFS. The resolution was referred to the Finance Committee. RESOLUTION RE: SENATE BILL NO. 3019 The RESOLUTION OF THE WHATCOM COUNTY COUNCIL IN SUPPORT OF SECOND SUBSTITUTE SENATE BILL NO. 3019 PERTAINING TO NOTICES OF PUBLIC HEARING ON ZONING was -taken into consideration by the Council. Cole reported that the Bellingham / Whatcom County Board of Realtors had withdrawn its support for the Resolution and that the Planning Department and Washington State Association of Counties expressed opposition. The Resoluti6a.'died for lack of introduction:: Whatcom County Council Minutes April 7, 1983 page eight RESOLUTION RE: DID NO. 31 Hansey introduced and moved for final passage the RESOLU- TION OF THE COUNTY COUNCIL OF WHATCOM COUNTY ACCEPTING THE STATEMENT OF COSTS AND EXPENSES FOR IMPROVEMENTS WITHIN DRAINAGE DISTRICT NO. 31, PROVIDING FOR AN ADDITION TO SAID STATEMENT OF COSTS AND DIRECTING THE BOARD OF APPRAISERS TO FILE THE OATHS REQUIRED BY LAW. Hansey moved to amend the ordinance on line 28 to insert in the blank the sume of 11$10,265.66" on page 1, and on page two, lines 2 and 3 to insert the names "Byron Moser, G.C. Digerness and Edwin R. Henken." Motion passed to amend. Motion to adopt the resolution as amended passed. RESOLUTION RE: DID NO. 31 Hansey introduced and moved for final passage the RESOLUTION VOF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, FIXING THE TIME AND PALCE OF HEARING UPON-THE ASSESSMENT ROLL FOR JOHNSON CREEK DRAINAGE IMPROVEMENT DISTRICT NO. 31. The Chair will insert the public hearing date. Motion passed. MOTION - Hansey moved to add to the agenda the following ordinances: 1) ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY CONFIRMING THE FINAL ASSESSMENT ROLL OF COUNTY ROAD IMPROVEMENT DISTRICT NO. 5 AND CERTIFYING THE SAME TO THE WHATCOM COUNTY TREASURER FOR COLLECTION 2) ORDINANCE AUTHORIZING A REVISED BUDGET TO THE FEDERAL SHARED REVENUE FUND JUVENILE PORTION THEREOF Motion passed. ORDINANCE AMENDING TITLE 20 Johnson introduced and ORDINANCE AMENDING TITLE 20 WHATCOM COUNTY CODE, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE TO ALLOW TEMPORARY DWELLINGS FOR DISABLED FAMILY MEMBERS AS A CONDITIONAL USE IN RESIDENTIAL DISTRICT. The ordinance was referred to the Planning and Development Committee. Whatcom County - ouncil Minutes April 7, 1983 page nine ORDINANCE RE: SPEED ON POINT ROBERTS Van Zanten introduced an ORDINANCE IN THE MATTER OF ESTAB- LISHING SPEED LIMITS ON POINT ROBERTS. The ordinance was referred V to the Law and Justice Committee. ORDINANCE' RE: RID NO. 5 Hansey introduced and ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY CONFIRMING THE FINAL ASSESSMENT ROLL OF COUNTY ''ROAD IMPROVEMENT DISTRICT NO. 5 AND CERTIFYING THE SAME TO THE WHATCOM COUNTY TREASURER FOR COLLECTION. The ordinance was referred to the Finance Committee. ORDINANCE REVISED BUDGET JUVENILE Hansey introduced an ORDINANCE AUTHORIZING A REVISED BUDGET TO THE FEDERAL SHARED REVENUE FUND, JUVENILE PORTION THEREOF. The ordinance was referred to the Finance Committee. COMMITTEE REPORTS The Chair stated he would be out from April 22 to May 9. Hawley spoke to a petition requesting that cardrooms be allowed in the unincorporated areas of Whatcom County, which was held in the Law and Justice Committee. The Law and Justice Committee had tabled the matter indefinitely. He will look into the matter. Hansey presented material received from Allan Kachelmeier regarding consumat systems. The material will be placed on file in the Council office. Meeting adjourned at 10:20 p.m. SUBMITTED BY