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HomeMy WebLinkAboutCounty Council for November 4 1982WHATCOM COUNTY COUNCIL Minutes November 4, 1982 The Whatcom County Council meeting was called to order on Thursday, November 4, 1982 at 7:35 p.m., by Chairman Roehl with all members present except Hawley. The minutes of the October 21 Council meeting were approved as amended on page six to indicate Hansey excused himself from the meeting before the start of Open Session. EKECUTIVE ITEMS JExecutive Louws presented two liquor license applications. The first was an A, C and F liquor license for Block N' Tackle, filed by Shirley and Larry Harvey. Johnson reported the Law and Justice Committee recommended approval of the license. Johnson so moved to approve the liquor license application. Motion passed. V The second was and E and F liquor license for Geneva Grocery, filed by SSJN Enterprises, Inc. Johnson reported the Law and Justice Committee also recommended approval of the license. Johnson so moved to approve the liquor license application. Mo on passed. Van Zanten moved to authorize the line item transfer in the Developmental Disabilities Fund in the amount of $70,546.80. She stated Finance Committee recommended the transfer be authorized. Motion passed. V/ Executive Louws also requested confirmation from Council on the appointments of Mr. Al Medeas and Mr. Ed Pomeroy as the new Supervisors of Drainage Improvement District No. 7. Muenscher so moved to confirm the appointments. Motion passed. -- Hansey excused himself from'Ahe meeting -- Executive Louws gave a status report on the Nor -Bell Wastewater Facility. He stated the project cannot be put together at this time because the County does not have the required number of hookups,. Whatcom County Council Minutes November 4, 1982 page two However alternatives will be pursued to solve the Nor -Bell Nursing Home problem, such as a small scale tight - line from Nor -Bell to Ferndale. Louws will be bringing options forward'at the next Council meeting. Louws stated the adminis- tration is looking at the status of other nursing homes in Whatcom County. Louws also reported the proposed solid waste site located in Lynden is not feasible. He will be coming back at the next Council meeting with documents to keep the site at Thermal Reduction. He may---also recommend the establishment of a solid waste committee. -- Hansey returned to the meeting -- OPEN SESSION No one spoke at Open Session. HEARINGS Hearing was declared open on the ordinance establishing certain acts of trespass as misdemeanors and establish penalties .therefor. No testimony was given and the hearing was closed. Johnson reported the Law and Justice Committee recommended "do pass ".. Van Zanten so moved the ordinance for final passage. Muenscher questioned definition two on page two,. "A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner." Muenscher questioned why trespassing should be allowed in one area and not the other. Roehl stated if the land is not fenced or posted a person is free to go upon it. Johnson moved to table the Ordinance and refer it back to. the Law and Justice Committee. Van Zanten stated this language is from State Law and is being put into a County ordinance, which will keep a portion of the fines in Whatcom County. Whatcom County Co._..cil Minutes November 4, 1982 page three Johnson withdrew his motion to table. Motion to adopt the ordinance passed unanimously. Hearing was declared open in the matter of declaring 20,000 cubic yards of screenings owned by Whatcom County surplus. No testimony was given and the hearing was closed. Van Zanten moved to declare the screenings surplus and to authorize the Executive to set the sale. Motion passed. FINAL CONSIDERATION.OF ORDINANCES Van Zanten moved for final passage the ordinance authorizing a revised budget for the District Court Budget within the Current Expense Fund. She stated the Finance Committee recommended "do pass" of the ordinance.. These monies will pay for jury and wit- ness fees. Motion to adopt the ordinance passed unanimously. i Hansey moved for final passage the ordinance amending Whatcom County Code Sections 20.83.060 and 20.83.070 pertaining to the regulation of Non - conforming Uses and Parcels. He stated the Planning and Development Committee recommended "do pass" with amendments. Hansey so moved to amend the ordinance as follows: Page 2, Line 8: Change the colon after the word "pertain" to a comma and add the language: "except as modified by sub - section .071 below:" Page 2, Line 27: Add the section number .071 before the words "The following ." Page 2, Line 28: Change the word "created" to "permitted" Page 3, Line 3: Change the period after the word "District" to a comma and add the language: "and provided further that the number of lots permitted hereunder shall not exceed the original total number of lots subject to consolidation under sub- section .070 above." Page 3, Line 5: Change .071 to .072 Motion to amend the ordinance passed. Motion to adopt the ordinance as amended passed unanimously. Whatcom County Council Minutes November 4, 1982 page four OTHER BUSINESS Council reconsidered the Preliminary Plat of Hollinger Replat. Hansey stated the Planning and Development Committee had reviewed correspondence received from Marquita Green, Harrison Surveyors, regarding condition #12 of the Hearing Examiner's recommendation. It was the consensus of the Committee to reinstate condition #12. H nsey so moved to do so. Motion passed. Consideration was held of the Preliminary Plat of Northwest Mobile Park. Hansey reported the Planning and Development Commit- tee referred the matter back to Council without recommendation. The Committee could not reach a consensus of which way it wanted to go. Hansey moved to approve the preliminary plat subject to the Hearing Examiner's recommendation. Hansey also stated the proponents did submit a second proposal. Harry Fulton, consul- tant, gave a brief explanation of the project— He stated the second proposal, which he and Muenscher came up with, includes relocating six units and providing a ballfield and recreational area for the tenants of the park. He stated the Health Depart- ment will not allow the alternative plan due to the land percing too well. Motion to approve the plat subject to the Hearing Examiner recommendations f ailed. Council members who opposed the approval of the plat will draft the appropriate findings of fact and conclusions of law with the Prosecuting Attorney's office. V/ Council reconsidered Whatcom County Cablevision's request for increase in reconnect charge. Hansey stated this should have been included with the basic rate increase. Hansey moved to approve the increase in reconnect charge from $7.50 to $19.95. Motion passed. The appeal of a Hearing Examiner's decision filed by Builder's Concrete, Inc. was received and the Chair will look into the appropriate measures for handling the issue. 1 The petition requesting annexation of property filed by Cemetery District No. 3 was received and the Chair will check the appropriate procedures for handling this matter. Whatcom County Council Minutes November 4, 1982 page five JThe petition requesting school crossing light be installed at the intersection of Geneva and Cable Streets, filed by resi- dents of that area was received and referred to the Law and Justice Committee for review. Council received Whatcom County Sewer District No. 2's Resolution No. 82 amending its Comprehensive Plan for sewer system. Council will take up the nominations of two positions on the Planning Commission, District No. 1, at the reorganizational meeting of the Council in January, 1983. Hansey gave a report of the-matters before the_Washington State Association-of Counties Legislative Committee. The County may be interested in the ordinance which provides for a late comer's fee for recovery of private road development, which may include sidewalks and lighting. The Home Builder's Association is backing this ordinance. Glen allrnan, Secretary of the Northwest Air Pollution Authority:Board of Directors, requested the Council to designate a member to the board for 1983. Johnson will serve out his term for_1982 and a new member will'be appointed at the reorganizational meeting of the Council in January, 1983. INTRODUCTIONS OF RESOLUTIONS AND ORDINANCES Cole moved to add to the agenda an ordinance extending the franchise of Nationwide Cablevision for a period of one year. Van Zanten moved to amend Cole's motion to include the following two ordinances: J 1) Ordinance imposing an excise tax on the use of telephone access lines for the purpose of funding an emergency service communication system ,J 2) Ordinance authorizing the diverting of a portion of the County Road Levy to the Current Expense Fund to be used for the support of the County Law enforcement services in the unincorporated areas of Whatcom County, Washington. Motion to add the ordinances passed. Whatcom County CG___icil Minutes November 4, 1982 page six Hanse introduced and moved for final passage the resolution Y P g approving an .amendment to Whatcom County Water District No. 11's General Comprehensive Plan in accordance with that District's Resolution No. 82. He reported the Planning and Development Committee recommended approval of the resolution. Motion passed. Van Zanten introduced the following ordinances and they were referred to the Finance Committee for review: J1) Ordinance in the matter of the adoption of the final budget of Whatcom County for the year 1983 2) Ordinance authorizing the Levy of Taxes for County and State purposes in Whatcom County, Washington, for the year of 1983 pursuant to Home Rule Charter Section 6.10 /) Ordinance amending Ordinance No. 82 -68 imposing a Sales and Use Tax pursuant to Revised Code of Washington 82.14.030(2) / .4) Ordinance authorizing a revised budget for Federal /5)Shared Revenue Fund Ordinance authorizing reimbursement from the Building Maintenance Fund, County Supply Fund, Motor Pool Fund and the Current Expense Fund to Federal Shared Revenue Fund J/'6) Ordinance authorizing a revised budget for the Current J Expense Fund Board of Equalization budget 7) Ordinance authorizing a revised budget for the Mental Health Fund of 1982 8) Ordinance establishing a reasonable fee for copies of the budget and portions thereof ,/9) Ordinance of the County Council of Whatcom County, Washington, authorizing the acquisition, construction, and installation of an exposition building on the grounds of the Northwest Washington County Fair and the repair and replacement of County roads and drainage facilities; providing for the issuance and sale of limited tax levy general obligation bonds of the County in the principal sum of $1,300,000.: providing the date, form, terms and maturities of said bonds; providing for the annual tax levy of taxes to pay the principal of and interest on said bonds; and providing for the sale thereof J10) Ordinance imposing an excise tax on the use of telephone access lines for the purpose of funding an emergency service communication system Whatcom County CoL.-acil Minutes November 4, 1982 page seven ill) Ordinance authorizing the diverting of a portion of the County Road Levy to the Current Expense Fund to be used for the support of the County Law enforce- ment services in the unincorporated areas of Whatcom County, Washington Hansey introduced an Ordinance amending the Whatcom County Zoning Ordinance, Chapter 2.24 of the Whatcom County Code, in order to allow Recreational Vehicle Parks and Campgrounds as a Conditional Use in the S4 Zone. The ordinance was referred to the Planning and Development Committee. Johnson introduced the Ordinance to reduce the speed limit on a portion of East Bakerview Road and it was referred to the Law and Justice Committee. No further business came before the Council and the meeting was adjourned at 9:17 p.m.