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HomeMy WebLinkAboutCounty Council for January 20 1983Minutes January 20, 1983 The Whatcom Thursday, Januar; with all members The minutes as presented. SPECIAL ORDER OF WHATCOM COUNTY COUNCIL County Council meeting was called to order y 20, 1983 at 7:34 p.m. by Chairman Roehl present. of the January 6, 1983 meeting were approved BUSINESS The first order of business was the reorganization of Council for 1983. Chair. Hawley moved to nominate Cole. Van Zanten moved to nominate Roehl. No other nominations were made. Cole was elected Chair by a 4 -3 vote ( Roehl, Van Zanten, Muenscher). Vice - Chair. Hawley moved to nominate Roehl. No other nominations were made. Roehl was elected Vice -Chair by unani- mous vote. Executive Pro - Tempore. Hawley nominated Hansey. Van Zanten nominated Muenscher. Hansey was elected Executive Pro - Tempore by a 4 -3 vote ( Roehl, Van Zanten, Muenscher). Standing Committees At this time Johnson moved to accept his recommendations for the following committees Finance Planning and Development Roehl Hansey Hansey Johnson Cole Muenscher Public Services Law and Justice Hawley Van Zanten Johnson Roehl Muenscher Muenscher Van Zanten withdrew from Law and Justice. Van Zanten nominated Hawley to Finance. Hawley declined the nomination. Van Zanten nominated Roehl to Planning and Development. Muenscher withdrew from Public Services. Van Zanten accepted the original noimina- tion to be placed on Law and Justice. Wh atcom County Council Minutes January 20, 1983 page two Finance. Roehl, Hansey and Cole were appointed to the Finance Committee by unanimous vote. Public Services. Van Zanten, Johnson and Hawley were appointed to the Public Services Committee by unanimous vote. Planning -and Development. Roehl withdrew from the nominations. Johnson, Hansey and Muenscher were appointed to the Planning and Development Committee by unanimous vote. Law and Justice. Van Z.anten, Roehl and Muenscher were appointed to the Law and Justice Committee by unanimous vote. Council also appointed its members to serve on various boards and committees for 1983 as follows: Cole moved to reaffirm the appointment of Hawley to Alcoholism Board and Van Zanten to Developmental Disabilities Board. Motion passed. Health. Johnson, Hansey and Cole were appointed to the Health Board. Council of Governments. Hawley and Muenscher were appoint- ed to the Council of Governments. Council on Aging. Van Zanten was appointed to the Council on Aging. LEOFF. Hansey was appointed to the LEOFF Board. Museum. There was discussion on whether or not a Council member was.required to be appointed to the Museum Board. Van Zanten moved to have the Chair clarify this. Motion passed. Northwest Air Pollution. Johnson was appointed to the Northwest Air Pollution Authority. Northwest Regional Council. Johnson was appointed to the Northwest Regional Council. Joint City /County Open Space Committee. Hansey, Muenscher and Hawley were appointed to the Joint City /County Open Space Committee. Opportunity Council. Roehl was appointed to the Opportunity Council. Whatcom County Cc cil Minutes January 20, 1983 page three Johnson moved to establish the following special committees for 1983: Special Committee on Transportation and Solid Waste Special Committee on Parks m d Recreation The question was divided. Motion to form a Special Committee on Transportation and Solid Waste passed. Motion to form a Special Committee on Parks and Recreation failed. Johnson, Hawley and Muenscher were appointed to the Special Committee on Transportation and Solid Waste. EXECUTIVE ITEMS The following board appointments were confirmed: CIVIL SERVICE COMMISSION Appointment of Frederic Jay Zell, term to expire December 31, 1988 BOARD OF DEVELOPMENT DISABILITIES Reappointments of Tod Arnason, Dr. Frederic H. T. Braun, M.D., C.M., James Brown, Ronald Snyder, and Jo Anne Tripp for three -year terms to expire December 31, 1985 Appointment of Mr. Don Kooy and Judy Reed to a two -year term to expire December 31, 1984 Appointment of Ben Mulder to a one -year term to expire December 31, 1983 WHATCOM COUNTY LIBRARY BOARD Appointment of Mrs. Arlene Ebert, term to expire December 31, 1987 TV IMPROVEMENT DISTRICT #1 BOARD Appointment of Nelda Zwick, term to expire August 31, 1985 ALCOHOLISM ADMINISTRATIVE BOARD Reappointments of Al Archer, Frank Atwood, Kathleen Bolster, Frank C. Brooks and Pete Senuty to 3 -year term to expire December 31, 1985 MENTAL HEALTH AND DRUG ABUSE Reappointments of Dr. August Zoet and Bob Peach, terms to expire December 31, 1985 Appointment of Mrs. Kathie Minden, Mrs. Karen Ritland York, Ermine Hale, Mr. George Adams, terms to expire December 31, 1985 Appointment of Laughl_an Fi. Clerk, term to expire December 31, 1984 Whatcom County Council Minutes January 20, 1983 page four WHATCOM MUSEUM OF HISTORY & ART BOARD Appointmentof Joan Muenscher, term to expire February 28, 1985 BOARD OF APPEALS FOR BUILDING & CODES Appointment of Bernie Bovenkamp and Scott Walker, terms to expire December 31, 1984 Executive Louws also requested approval of a liquor license application for La Lomita II, Class A & C. Johnson reported the Law and Justice Committee recommended approval. Johnson so moved to approve the license. Motion passed. Solid Waste. Hansey stated he was presenting a resolution for consideration by Council. The resolution will be taken up later in the meeting. OPEN SESSION Joel Douglas made comments to the Special Committee on Transportation and Solid Waste. Questioned when Hansey's reso- lution would be considered. Van Zanten moved to add to the agenda as the first item under Final Consideration the resolution in the matter of evalu- ating proposals for construction and operation of a solid waste disposal site in Whatcom County. Motion passed. Rita Foley, Blue Canyon Road, thanked -the Road Department for all their efforts during the recent flooding around Lake Whatcom. She asked for a moritorium to be placed on Lake Whatcom. She also read a letter she had wrote into the record. UPARTMaq Hearing was declared open in the matter of the application for Preliminary Plat together with the requisite conditional use permit for the expantion of "Northwest Mobile Park ", by George J. Kovacevich, Jr. Muenscher moved to consider along with original plan an alternate plan. Motion passed. The following testimony was received: Whatcom County Cc cil Minutes January 20, 1983 page five George Kovacevich - Asked for approval of the original Trustee plan - Requested buffer be 15 feet - Requested driveway be 18 feet - Low level shrubs in front of the park bordering Northwest Drive - insert a basketball area Harry Fulton - Plan provides the following: Consultant (1) bus turn (2) 15 foot buffer (3) outdoor storage (4) garden plots (5) additional parking Bob Tull - Read a letter into the record from Attorney Richard Langabeer re: the expansion of a non - conforming use Wayne Reese - His property borders on the south Northwest Drive side of the Park. Problems with trespassing Gordon Neival - Property adjacent to the Park. Northwest Drive Problems with kids in the fields. Jack Appel - Concerned with the 10 additional Northwest Avenue septic tanks and the effect on the water. Ed Henken - Has the closest stream to the Park. 6960 Northwest Kids along the stream. Against the expansion of the park. Also concerned with the lagging power factor. Owner should demonstrate proper management. If Council action is taken would prefer approval of the alternate plan with the requirements spelled out and also who will maintain the improve- ments. Roehl read into the record correspondence received from Bruce Disend, Civil Deputy Prosecuting Attorney and Bert Brainard, Health Department. No further testimony was received and the hearing was closed. Hansey moved to uphold the Hearing Examiner's recommendation to approve the preliminary plat. Johnson moved to amend Hansey's motion to have the owner state in writing the following: Whatcom County C ncil Minutes January 20, 1983 page six (1) The type of fence to be built around the park and that it shall be maintained in an orderly manner, per the Engineer Department approval and (2) If water contamination comes from this project than the owner shall provide pure, clean water to the people who are affected. Johnson's motion to amend passed. Motion to grant approval as amended failed. Muenscher moved to consider the alternate plan with the same Hearing Examiner conditions to apply, except those which are named on the map. Van Zanten suggested that a motion be made to grant the plan and refer it to the Planning and Development Committee to clean -up the conditions as they pertain to �he alternate plan. Muenscher withdrew his motion. Hansey moved to grant approval. of the alternate plan with the appropriate conditions as set forth by the Hearing Examiner and that the conditions be reviewed by the Technical Committee as they pertain to the alternate plan. Motion passed. Hearing was declared open on the petition requesting annex- ation to Whatcom County Cemetery District No. 3, in the Kendall, Maple Falls area, Whatcom County, Washington. Correspondence was placed on file from Cemetery District No. 3, Mr, and Mrs. Don Hamilton, Sr..and Robert B. Hughes. Albert Leavitt, 6700 Mount Baker Highway, submitted a petition signed by 44 residents of the area involved, who are opposed to the annexation. Tom Brown, 7070 Mount Baker Highway, stated he is against the annexation. Norman Higgin stated he is in favor of the annexation. No further testimony was received and the hearing was closed. Hawley moved -to amend the agenda and consider the resolution providing for the annexation of certain territory to Whatcom County Cemetery District No. 3 and scheduling an election therefor, at this time. Motion passed. Hawley introduced and moved for final passage the above named resolution. Resolution failed. Whatcom County Co --il Minutes January 20, 1.983 page seven FINAL CONSIDERATION OF RESOLUTIONS AND ORDINANCES Hansey introduced and moved for final passage the resolution in the matter of evaluating proposals for construction and opera- tion of a solid waste disposal site in Whatcom County. Amend- ments were made on Line 5, strike the word "SITE" and insert "SYSTEM" and on line 19 and 20 to strike the words "appropriate County Council Committee" and insert "Special Committee on Transportation and Solid Waste ". Van Zanten spoke against the resolution. She stated the Council at a Committee of the Whole meeting informally authorized the County Executive to proceed with drawing up the contract with TRC. Motion to adopt the resolution passed. Hansey moved to accept a substitute draft of ordinance amending Ordinance No. 82 -68 imposing a sales and use tax pursuant RCW 82.14.030(2). Motion passed. Hansey moved the ordinance for final passage. Cole moved to refer the ordinance to the Finance Committee for review. Motion passed. -- Hansey excused himself from the meeting. -- The following ordinances will be held and a public hearing shall be set on each: (1) Ordinance adopting a 1983 budget for the Public Works Department, 1982 Road Construction Fund (2) Ordinance adopting a 1983 budget for the 1983 Sewer Construction Fund Van Zanten moved for final passage the ordinance of the County Council of Whatcom Country, Washington, authorizing the acquisition, construction and installation of sewerage facilities in the vicinity of the Nor -Bell Nursing Home; providing for the issuance and sale of limited tax levy general obligation bonds of the County in the principal sum of $585,000; 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. Whatcom County Cc cil Minutes January 20, 1983 page eight Van Za.nten reported the Finance Committee recommended "do pass" of the ordinance. Motion passed on a 4 -1 vote (Cole and Hansey out). -- Hansey entered the meeting. -- OTHER BUSINESS The matter of the dissolution of Whatcom County Sewer Improvement District No. 1 was held in the Public Services Committee. Appointments to the Open Space Advisory Board will be considered at the next Council meeting. Administative Appeal of Gene Bedlington. Van Zanten moved to uphold the Hearing Examiner decision on the basis of Whatcom County Code Sections 2.24.660.571 and 2.24.660.572. Section 2.24.660.571 stated "a variance shall not consti- tute a grant of special privilege..., nor be granted for pecuniary reasons done" and .572 states to grant a variance it shall be shown it is needed "because of special circumstances." Neither of these criteria are met by appellants own admission in the record of the hearing. Hansey moved to refer the matter to the Planning and Development Committee, to come back before the Council on February.3, 1983. Motion passed. Letter of resignation received from Phyllis Entrikin from the Board of Equalization. The following Open Space /Timberland applications filed by: Earl and Iris Cammock Kenneth Hueston and George Quiggle Joel and Barbara Douglas(3) Richard and Dorothy Ogle Lairmont Manor Daniel and Patricia Bieber Hansey moved to refer the applications to the Planning Commission. Motion passed. Petition received protesting the closure of the County dump on the Birch Bay - Lynden Road, by residents of the area. The matter was referred to the Special Committee on Transportation and Solid Waste. Whatcom County incil Minutes January 20, 1983 page nine Correspondence received from Richard Baum, attorney for the Nooksack Indian Tribe, requesting the vacation and abandonment of a 40 -foot road right -of -way, which borders the Mission Road just north of the Pole Road and south of Strandell. Cole moved to refer the matter to the Planning and Development Committee and also to set public hearing. The Engineer's office will also be requested to review the request. Motion passed. INTRODUCTIONS OF RESOLUTIONS AND ORDINANCES Van Zanten introduced and moved for final passage the Reso- lution in the matter of setting a date for a public hearing for declaring certain vehicles owned by Whatcom County as surplus pursuant to RCW 36.34.020. Motion passed and a hearing will be set. Hansey introduced and moved for final passage the resolution of intent in the matter of the abandonment of a portion of Skookum Creek Road. Motion passed and a hearing will be set. Van Zanten introduced and moved for final passage the resolution in the matter of amending the salary schedule for Non -union Whatcom County employees for 1983. The amendment refers to the Director, Involuntary Commitment Services. Motion passed. Van Zanten introduced the Ordinance amending Ordinance No. 82 -64 in the matter of revising the Alcoholism Revolving Fund. The ordinance was referred to the Finance Committee. Johnson introduced the Ordinance regarding the matter of placing a stop sign on Karber Road at its intersection with Grandview Road. The ordinance was referred to the Law and Justice Committee. A public hearing will also be set. The following ordinances were introduced by Cote and referred to the Public Services Committee: (1) Ordinance in the matter of granting a non - exclusive franchise to Whatcom County Cablevision, 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 Whatcom County C acil Minutes January 20, 1983 page ten (2) Ordinance in the matter of granting a non - exclusive franchise to Nation Wide Cablevision, 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. No further business came before the Council and the meeting adjourned at 11:20 p.m.