Loading...
HomeMy WebLinkAboutCounty Council for August 18 1983OFFICIAL PROCEEDINGS WHATCOM COUNTY COUNCIL MINUTES -- AUGUST 18, 1983 The Whatcom County Council meeting of August 18, 1983 was called to order at 7:37 p.m. by Chairperson Cole with all members present. Also present was John Louws, County Executive. MINUTES The minutes of the August 4, 1983 Council meeting were approved as presented. EXECUTIVE ITEMS SEATTLE CITY LIGHT AGREEMENT Executive Louws presented the revised Seattle City Light Agreement. The Agreement covers a six -year period. He stated that the amount received by the County is less than he had hoped for, but that litigation would be time consuming and its outcome uncertain. Hansey presented the Finance Committee's consensus to for- ward the matter to the full Council. After discussion by Council members, Roehl moved to authorize the Executive to sign the Agreement on behalf of the County. Motion carried. BID AWARD -- HILLSIDE ROAD (FALL CREEK) The Executive recommended approval of the bid award to the low bidder, Impero Construction Company, in the amount of $143,866.50. The funds are for construction of the Hillside Road low -water crossing over Fall Creek (also known as Todd Creek). Hansey presented the Finance Committee's recommendation for approval of the bid award and moved to authorize the Executive to approve the bid award as requested. Motion carried. OVERLIMIT TRANSFER -- EQUIPMENT RENTAL AND REVOLVING FUND The Executive recommended approval of the overlimit Whatcom County Council Minutes -- August 18, 1983 page 2 transfer of $53,314.74 within the Equipment Rental & Revolving Fund to provide a more accurate bookkeeping system. Hansey moved to authorize the Executive to approve the transfer as per the recommendation of the Finance Committee. Motion carried. LIQUOR LICENSE APPLICATIONS Liquor License applications of the following were referred to the Law & Justice Committee: 1) Bellingham Area Minor Hockey Association 2) Meridian Mercantile 3) Glenn's Shamrock APPOINTMENTS: ALCOHOLISM ADVISORY COMMITTEE The Executive presented the request of David Hull, County Alcohol /Traffic Safety Coordinator, for members of a Safety Committee. Louws requested that a member of Council be appointed to serve on the committee. Johnson moved to appoint Hawley. Motion carried. REVENUE UPDATE The Executive presented Council with a revenue update. SUMAS - KENDALL ROAD The Executive requested that the Council instruct the Chair to sign a letter in support of turning the Sumas- Kendall Road over to the State Highway system. Muenscher moved that the Executive be requested to recommend inclusion of the Sumas- Kendall Road in the State Highway system. Motion carried. OPEN SESSION Mike Granat, 4301 Squalicum Lake Road, Bellingham, Chairman of the Squalicum Valley Community Association, spoke in regard to the A & M By- Products Plant. He requested the County to coordinate the various agencies involved in order to more quickly solve the problem. Hansey moved to amend the agenda to consider Item #1 under OTHER BUSINESS, Correspondence received from Bernice Miller and Doyle Bennick regarding A & M By- Products, at this time. Motion carried. Van Zanten moved to request the Executive to utilize County Whatcom County Council Minutes -- August 18, 1983 page 3 government resources to help facilitate a solution to the A & M By- Products issue, and to request the County Executive to take action expeditiously; and further that the Public Services Committee should act in a liason capacity if there is need; and that any County facilitator should be required to attend meetings of related entities such as the Northwest Air Pollution Board. Motion carried. PUBLIC HEARINGS ORDINANCE - -STOP SIGN CONTROL GRANDVIEW ROAD Public Hearing on the ORDINANCE TO MODIFY THE STOP SIGN CONTROL AT THE INTERSECTION OF GRANDVIEW ROAD AND POINT WHITE - HORN ROAD was declared open. After no testimony, hearing was closed. Roehl moved for final passage of the ordinance as per recommendation of the Law & Justice Committee. Motion passed unanimously. ORDINANCE -- PARKING CONTROL BIRCH BAY DRIVE Public Hearing on the ORDINANCE TO ESTABLISH PARKING CON- TROL ON BIRCH BAY DRIVE was declared open. Chairperson Cole noted correspondence from Helen Snow, Beverley Sullivan, and a petition from the residents of the Bay Rim Condominiums. Chuck Sterling, 8316 Fawn Crescent Drive, Birch Bay, submitted a letter from the Birch Bay Community Association delineating the problems and proposed solutions. Hearing closed. Roehl presented the Law & Justice Commit- tee's recommendation for approval of the ordinance. He so moved. The Committee will continue to follow the issue. Motion passed unanimously. ADDV AT..Q BELLINGHAM RIDING CLUB Barbara Thomas, Secretary Treasurer of the Bellingham Riding Club, presented oral argument and asked the Council to consider a letter stating her argument. She expressed concern with parking regulations which require stalls (not appropriate Whatcom County Council Minutes -- August 18, 1983 page 4 for horse trailers), and the deeding of 10' of right of way for the Mt. Baker Highway. Donovan Kehrer, Building & Codes Administration, replied that the parking area need not be lined, only gravelled. Roehl moved to uphold the Hearing Examiner's decision with the clarification that a minimum of 16,000 square feet be required gravelled but not lined. Kehrer agreed. Motion carried. RITEWAY CONSTRUCTION Craig Hayes spoke on behalf of Riteway Construction. He stated that the issue is based on a procedural error, and that there have been three declarations of non - significance. He added that the checklist indicated that no Environmental Impact Statement has been required. He requested that the Council reverse the Hearing Examiner's decision. Joel Haggard, representing Whalen's, replied regarding testimony from experts who testified on significant impact of the project. He stated that no Environmental Impact Statement has been required, but that he routinely counselled clients to submit an EIS to avoid problems. Oral testimony terminated. Muenscher moved to uphold the Hearing Examiner's decision; and that the Environmental Impact Statement required by that decision be limited in scope to the following: 1) An evaluation of the effect of surface mining upon the ground waters of the subject area; and 2) An evaluation of the traffic flow resulting from the project The proposed motion was distributed to Council members and to involved attorneys. Hayes requested that they not be required to go through another conditional use permit hearing if the EIS shows non - significance. Haggard suggested that Bursick be requested to limit hearing to new information. Motion to uphold carried 6 -1 (Hawley). FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES Van Zanten moved for final passage the ORDINANCE ESTABLISHING Whatcom County Council Minutea —A,ugust 18, 198:s page 5 e A RATE REVIEW BOARD FOR THE PURPOSE OF REVIEWING RATES TO SUBSCRIBERS FOR CABLEVISION SERVICES. She presented the Public Services Committee's recommendation of "do pass" and explained changes made in the ordinance. Cole requested that line 241 "FCC" be spelled out. Motion passed unanimously. Cole requested the the appointment of members be sche- duled for a future meeting. Hansey moved for final passage (with. the addition of page 5) the 8/18/83 draft of an ORDINANCE CREATING AND ESTAB- LISHING WITHIN THE DEPARTMENT OF PUBLIC WORKS AN EQUIPMENT RENTAL DIVISION FOR WHATCOM COUNTY...; ESTABLISHING AN EQUIP- MENT RENTAL FUND... and gave the Finance Committee's recom- mendation. The ordinance brings the Equipment Rental and Revolving account into compliance with State law. Motion passed unanimously. Hansey moved for final passage the ORDDNANCE AUTHORIZING A REVISED BUDGET TO THE 1983 FEDERAL SHARED REVENUE FUND FOR JUVENILE DETENTION FACILITIES, and gave the Finance Committee's recommendation of "do pass ". Motion carried unanimously SOLID WASTE DISPOSAL Chairperson Cole suggested that the three resolutions related to Solid Waste Disposal be discussed together. Hansey withdrew the RESOLUTION REGARDING SOLID WASTE DISPOSAL IN WHATCOM COUNTY, Item #6 on the Agenda. Chairperson Cole stated that he felt the Resolution Item #4 on the Agenda would allow for more efficient solution of the issue. He stated that the County is unable to maintain landfills for short -term waste disposal while attempting to provide a solution to the long -term issue. Hawley expressed concern that the initiative would be moot if the lead agency became the City. Whatcom County Council Minutes -- August 18, 1983 page 6 Roehl responded that the argument behind the initiative was to ensure competitive bidding, which has been done. After further discussion, roll call vote was called for on the two resolutions. Hansey requested that Item #5 be considered first. RESOLUTION RELATING TO SOLID WASTE DISPOSAL AND DECLARING WHATCOM COUNTY'S INTENT TO ASSUME DIRECT RESPONSIBILITY FOR THE COMPLETION OF CERTAIN TASKS MORE PARTICULARLY DESCRIBED HEREIN: motion failed by a vote of 3 -3 (YES: Hansey, Johnson, Hawley; NO: Cole, Roehl, Van Zanten; ABSTAIN: Muenscher). RESOLUTION RELATING TO SOLID WASTE DISPOSAL AND DECLARING WHATCOM COUNTY''S INTENT TO COOPERATE WITH THE CITY OF BELLINGHAM AND TO ASSUME DIRECT RESPONSIBILITY FOR THE COMPLETION OF CERTAIN TASKS MORE PARTICULARLY DESCRIBED HEREIN: motion carried by a vote of 4 -3 (YES: Cole, Roehl, Van Zanten, Muenscher; NO: Hansey, Johnson, Hawley). OTHER BUSINESS PETITIONS RECEIVED a. Filed by Maple Fall Water Co -op requesting 25 year franchise -- referred to Public Services Committee b. Filed by Whatcom County Treasurer requesting Council to petition Superior Court to cancel personal property taxes which are six years or more delinquent- - considered under INTRODUCTIONS NOMINATIONS -- PUBLIC TRANSPORTATION BENEFIT AREA GOVERNING BOARD Hawley nominated Cole. Roehl nominated Hansey. Noinlnations were closed, with Cole and.Hansey appointed. HEARING EXAMINER RECOMMENDATIONS: "RICHALOU ESTATES" Referred to Planning and Development Committee. INTRODUCTION OF RESOLUTIONS AND ORDINANCES Roehl introduced and moved for final passage the RESOLUTION OF THE COUNCIL OF WHATCOM COUNTY DECLARING ITS DISAPPROVAL OF SALMON MANAGEMENT TREATY. He requested that Hawley's name be added as a proponent. Motion for final passage carried. Whatcem County Council Minutes -- August 18, 198:) page 7 Roehl introduced and moved for final passage -the RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SUBMIT AN APPLICATION TO THE STATE FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE NOR -BELL SEWER PROJECT. Motion carried, wiih Hansey abstaining. Hansey introduced and moved for final passage the RESOLUTION IN THE MATTER OF CANCELLATION OF UNCOLLECTABLE PERSONAL PROPERTY TAXES MORE THAN SIX YEARS DELINQUENT. Motion failed. Roehl moved for referral to the Finance Committee. Motion carried. Van Zanten introduced and moved for final passage the RESOLUTION IN THE MATTER OF FORMATION OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 6 FOR IMPROVEMENTS OF BAYVIEW DRIVE SEAWALL IN A PORTION OF THE PLAT OF MAPLE BEACH, POINT ROBERTS. The Public Services Committee recommended "do pass." Hearing should be scheduled for the first meeting in-October. Van Zanten presented the motion passed by the Public Services Committee at their meeting of 8/11/83: "Do pass" with the specification that a copy of 'the resolution, a description of the project, and outline of properties to be included, and other information be mailed to each property owner after passage, and before the public hearing, so that each property owner will have the opportunity to send a ballot and /or speak to the Council at the public hearing, at which time RID boundaries can be altered, assessments reduced, or the entire project tabled. Van Zanten moved to amend: Revise the legal description and map to include Michael Palisades Subdivision and the Elizabeth Subdivision. Motion carried. Motion for final passage carried. Roehl introduced and moved for referral the following: ORDINANCE IN THE MATTER OF ESTABLISHING SPEED LIMITS ON CERTAIN COUNTY ROADS - -Law & Justice Committee ORDINANCE REGARDING THE MATTER OF REMOVING THE STOP SIGN CONTROL AT THE RAILROAD OF COUNTRY LANE - -Law & Justice Committee ORDINANCE ADOPTING A 1983 BUDGET FOR THE WHATCOM COUNTY LIMITED TAX BOND FUND 1983 (SEWER CONSTRUCTION) -- Finance Committee ORDINANCE PROVIDING FOR AN INCREASE IN FUNDS TO THE CENTRAL STORES REVOLVING FUND - -STATE CONTROLLED AREA NETWORK (SCAN)- - Finance Committee Whatcom County Council. Minutes -- August 18, 1983 page 8 ORDINANCE: ESTABLISHMENT OF THE PACIFIC NORTHWEST BELL REVOLVING FUND -- Finance Committee ORDINANCE: SALE OF BONDS FOR ROAD IMPROVEMENT DISTRICT NO. 5 -- Finance Committee nmu 'Pu Cole reminded Council members of forthcoming meetings. There being no other business, meeting adjourned 10:50 p.m. ATTEST: Clerk,�of - -the -Cou cil WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Craig W, Cole, Chairperson