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HomeMy WebLinkAboutCounty Council for December 3 1981t WHATCOM.COUNTY COUNCIL Minutes December 3, 1981 The Whatcom County Council meeting was called to order at 7:35 p.m. Thursday, December 3, 1981 by Chair Van Zanten, with all members present for roll. The minutes of the November 19th and 30th meetings were held for approval until the December 17 meeting. HEARINGS Hearing; was declared open on the Ordinance establishing the Whatcom County Noxious Need Control Board Budget. No testimony was given and the hearing was closed. Hansey reported the finance committee recommended approval of the ordinance with some amendments. Hansey moved the ordinance for final passage. Hansey moved to amend the ordinance on Lines 5 and 14 to change the word "fund" to "budget ", Line 19 change the amount to "$600.00 ", Line 202' change the amount to "$500.00 ", and the Ending Fund Balance of $1,500 should be placed in parenthesis, ($1,500). Motion to amend passed by a unanimous vote. Motion to adopt the ordinance as amended passed by a unanimous vote. Hearing was declared open on the Ordinance regarding the matter of placing a stop sign on the Goshen Road, at its intersection with the Mission Road. No testimony was given and the hearing was closed. Johnson reported the Public Safety Committee recommended "do pass" of the ordinance. Johnson so moved to adopt the Ordinance. Motion passed by unanimous vote. EXECUTIVE ITEMS Council approved the following two Over Limit Transfers within the Current Expense Fund: 1) In Park Acquisition & Improvement Fund in the amount of $15,000.00 2) In Park and Recreation Fund in the amount of $20,713.00 Council also approved-the following two bid awards: 1) Crawler Tractor - TDEBE International Crawler from Sound Tractor Company for the 'amount of $43,049.84 including tax and trade -in 2) Stacking Conveyor - portable stacking conveyor from Ochose Manufacturing Corporation for the amount of $48,817.09 i Whatcom County Counn.il Minutes December 3, 1981 , page two FINAL CONSIDERATION OF ORDINANCES AND RESOLUTIONS Roehl moved for final passage the Ordinance amending the Fisheries and Aquaculture sections of the Whatcom County Shoreline Program. He reported the Planning Committee recommended approval of the ordinance. These amendments are needed in order for the County. Shoreline Program to comply with recently adopted State laws. Motion passed unanimously. Hansey stated the Finance Committee recommended "do pass" of the Ordinance adopting a revised budget for the Federal Shared Revenue 1981 fund to provide for a consultant in Waste -Water Treatment. Hansey so moved the Ordinance for final passage.. Motion passed by unanimous vote. Hansey moved for final passage the Resolution relating to the Whatcom County Shoreline Management Program. Hansey moved to amend the ordinance by striking lines 20 through 32, page 1 and lines 1 through 6, page 2 and insert the following language: "NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby requests the County Executive, with assistance of the Prosecuting Attorney's Office, take the following actions: 1. Immediately take any and all necessary steps to perfect the County's right to appeal the decision of the Director of Ecology including filing notice of appeal to the Shorelines Hearing Board and, if necessary, appeal to the Superior Court of Thurston County if the Prosecuting Attorney deems that step necessary to protect the rights of the County. 2. Contact the Director of the Department of Ecology and meet with him to determine what possible alternatives to the denied eleven (11) amendments might be subject to negotiations including alternatives for the extent of landfill and report to the County Council the results of these discussions." Muenscher stated he had a proposed resolution that he wanted the Council to see before the vote was taken on Hansey"s amendments. Since only one matter can be on the floor at a time under the rules Hawley moved to suspend the rules to allow for the consideration of Muenscher's proposal. Motion passed on a 5 -2 vote. (McIntvre, Johnson) Muenscher moved for passa .ve his substitute resolution Muenscher moved to amend his resolution- in Section 3, Line 18 insert after the word "request" the words "or amended." The same should be inserted in Section 4, Line 20. Motion to amend was defeated on a tie vote of 3 73 with Haw] i abstaining. ( Hansey, Whatcom County Coun, 1 Minutes December 3, 1981 page three Johnson, McIntyre vote no) Motion to adopt the resolution was defeated on a 1 -5 vote. (Van Zanten, Hansey, McIntyre, Johnson, Roehl voting no, Hawley abstaining) Discussion returned to Hansey's original resolution with proposed amendments. Roehl moved to amend the amend- ments by inserting under item 1, line 4 before the word "appeal" "filing notice of." Motion passed on a 6 -0 vote. (Hawley abstained) Muenscher moved to table the matter for two weeks. Motion was defeated on a,1-6 vote. (Van Zanten, Roehl, Hansey, Johnson, McIntyre, Hawley voting no) Roehl moved to amend the amendment and strike paragraph numbered two (2.) Hansey concurred with the amendment. Motion passed on a 6 -0 vote. (McIntyre not present) Roehl also moved to strike on page two, lines 7 through 11. Motion passed unanimously. Motion to adopt the resolution as .amended passed on, a .5-1 vote. (Hawley abstained) The Prosecuting Attorney and County Executive will be sent a copy of the resolution. The Ordinance adopting the official Whatcom County Zoning Ordinance, Title.20 of the Whatcom County Code, for the Cherry Point/ Ferndale subarea of the Whatcom County Comprehensive Plan was before the Council for final consideration. Hawley moved to defer further action on the ordinance until December 17, for additional review. Roehl spoke against the motion. Motion was defeated on a 1 -6 vote, (Van Zanten, Roehl, Hansey, Johnson, McIntyre, Muenscher) Roehl moved the ordinance for final passage. Roehl moved to amend the Title 20 document, Exhibit "A ", to accept the following new language in the following sections: (See attached Exhibit 1) .Johnson moved to amend the amendment and delete number 21, page 7. Motion passed on a 6 -1 vote. ( Roehl) Motion to amend the document passed on a 6 -1 vote. (Hawley) Motion to adopt the ordinance as amended passed on a 6 -1 vote. (Hawley) Hansey moved to have the Chair contact the Planning Commission and request them to review the aspects of the Sign Control Section within the document and if necessary to hold additional hearings on recommendations, and report back to the Council. Motion passed unanimously. Whatcom County Counc� Minutes `. December 3, 1981 page four OPEN SESSION Caroline Petra, Northwest Community Association, presented the Council with a declaration, which she read into the record regarding the Nor -Bell Sewer Facility. Ben Larzarus also read correspondence into the record regarding the Nor -Bell Sewer Facility. Correspondence was also read into the record from Roy.Giles regarding the Nor -Bell Sewer Facility. Hansey left the meeting at 9:20 p.m.. OTHER BUSINESS The selection of the alternative for the Nor -Bell Nursing Home Sewer Facility was before the Council. Present were Marty Harper, Harper -Owes, and Paul Rushing, Public Works Department. Harper reviewed the three alternatives that Council had selected at a pre- vious Committee of the Whole meeting, 1) A -lb, gravity line to Ferndale, 2) A -2, pump station and force main to Ferndale, 3) C -2, Septeic Tank /Drainfield in Nor -Bell vicinity. Harper -Owes and the Public Works Department both recommended the A -1B alternative, gravity line to Ferndale. Muenscher moved to accept alternatives A -lb, gravity line to Ferndale, Motion passed unanimously. Hansey returned to the meeting at 10:04 p.m. The decision of Preliminary Plat approval request to create and develop a residential subdivision known as "Seapark Estates" was before the Council. Roehl stated the Planning Committee had reviewed the matter and disagreed with the Hearing Examiner's recommendations. The Committee recommended the Council to hold its own public hearing on the matter. Roehl so moved. Motion passed unanimously and a hearing date will be set. A Planning Commission request.for the formation of a Short Term Task Force was received. Muenscher moved to refer it to the Planning Committee and have them meet with representatives from the Planning Commission to discuss the nature and purpose of the Task Force. Motion passed unanimously. Whatcom County Counci' Minutes December 3, 1981 page five A petition for a blinking light on the corner of the Unick and Olson Roads filed by the residents in that area was received. Johnson, Public Safety Committee, stated that a blinking light was unwarranted. The Engineer's Department would be placing additional signs up around the intersection. No further action will be taken on the petition. A petition requesting a dog control zone in Lummi Island Scenic Estates, Lummi Island, filed by the residents of that area was received and sent to the Public Safety Committee for review. Two applications for Open Space in the Point Roberts area, filed by Sylvia Schonberg for the Thorstenson Trust were received and sent on to the Planning Commission for review. The Chair stated there were some Council Board appointments coming up. Three positions on the Planning. Commission and one position on the Open Space Advisory Committee. Nominations will be in two weeks, December 17. INTRODUCTION OF ORDINANCES AND RESOLUTIONS Muenscher moved to add the Ordinance for a Revised Budget for the Jail to the agenda. Motion passed. Hansey introduced and moved for final passage the Resolution in the matter of the formation of Whatcom County Road Improvement District No. 5. Motion passed unanimously. Hansey introduced and moved for final passage the Resolution of the County Council of Whatcom County, Washington authorizing the issuance of an interim warrant for the purpose of financing part of the cost of improvements in Consolidated Drainage Improvement District No. 31. Motion passed unanimously. Hansey introduced the following ordinances and they were referred to the Finance Committee by unanimous vote: 1) Ordinance authorizing a revised budget for the Current Expense Fund of 1981 and Assigned Counsel Budget therein 2) Ordinance authorizing a revised budget for the Current Expense Fund of 1981 and the County Council budget therein 3) Ordinance authorizing a revised budget for the Developmental Disabilities Fund, 1981 4) Ordinance authorizing a revised budget for the Current Expense Fund of 1981 and the District Court Budget therein Whatcom County Counc_ Minutes December 3, 1981 page six 5) Ordinance authorizing a revised budget for the Mental Health and Drug Abuse Fund of 1981 6) Ordinance authorizing a revised budget for the Current Expense Fund of 1981 and Superior Court Budget therein 7) Ordinance authorizing a revised budget for the Current Expense Fund of 1981 and the Jail Budget therein Item five (5), under introductions was withdrawn as it was a double entry. Hansey introduced the Ordinance designating the County Council Secretary to serve as Clerk of the Council and it will be held until the next meeting. Johnson introduced an Ordinance to increase the speed limit on Britton Road and it was referred to the Public Safety Committee. COMMITTEE REPORTS Muenscher moved to excuse Johnson from the December 17, 1981 meeting for a Jail Commission meeting.. Motion passed unanimously. Meeting adjourned at 10:20 p.m. k