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HomeMy WebLinkAboutCounty Council for January 22 1981s i WITATCOR1 COUNT' COUNCIL Minutes January 22, 1981 The meeting was called to order at 7:35 p.m. with all members present for roll. The minutes of the 1/8/81 meeting were approved as presented. SPECIAL ORDER. OF BUSINESS The first order of business was the reorganization of Council for 1981 Shirley Van 7anten was unanimously elected to serve as Chairperson for 1981. i1'ill Roehl was elected to serve as Vice Chairperson for 1.981 by unanimous vote. Corky Johnson was unanimously elected to the position of Exec Pro Tem, and the standing committees will. be as follows for 1_981: FINANCE PLANNING PUBLIC SAFETY PUBLIC WORKS Hansey Roehl Roehl Hawley Johnson Muenscher Johnson McIntyre Van Zanten Isawley McIntyre Muen.scher The 1930 chairmen of those committees (who still are members in ]_981) are to call a meeting to reorganize the committees at which r_:eeting each committee should elect its chairman for 1981. HEARINGS Hearing was opened on the ordinance restricting the speed limit on Portal 1,7ay, Enterprise Road and Harksell Road. No testimony was given, and the hearing was closed....-,Public Safety had directed the Engineer to prepare this ordinance, and so had no report on it as it was before the Council at the Committee's request. Johnson moved its passage, and his motion carried by a unanimous vote. EXECUTIVE ITErS The Executive presented numerous names for confirmation for various boards, all of which were confirmed by Council: ALCOHOL ADMINISTRATIVE BOARD Terry Anderson ( new apt) "dward L. O'Connor (new) ,gallace L. Price (new) David Rhea, Jr. (reapt) BOARD OF APPEALS FOR BUILDINGS & CODE Gomer Owens, Jr. (reapt) James 'dell (reapt) minutes of Council mee Ong January 22, 1081 page two ".V. RECEPTION IMPROV. DIST. 1 _tichard Monaghan (reapt) Marjorie Philpott (reapt) Don Valum (new) RURAL LIBRARY BOARD Sherman Polinder (new) MENTAL HEALTH /DRUG ABUSE PREV . ?,Iary Dale (reapt) Ron Savey (reapt) Jon Wolfe (reapt) DEVELOPMENT DISABILITY BOARD Dr. Alden Nickelson (reapt) Richard Jacobson (reapt) Darrell Phare (new) PARK_. & PECREATION BOARD Robert H. Klein (new) Two new applications for liquor license were approved by Johnson's mo- tions. Public Safety had recommended "do pass" on both. They were to Buoy I, Class ACEF and Morning Star Grocery, Class FF. OPEN SESSION This had been omitted from the agenda., and was added with consensus of Council. Bob Larson addressed the Council concerning the vacation of the old Telegraph Road. Muenscher answered some questions Larson had, suggesting „nat perhaps it could be done administratively. The Prosecuting Attorney's office will be contacted to see if that is possible. The Chairperson will then contact Snapper, Schuler. and Kenner to clarify how the vacation would be possible, and to indicate Council's willingness to grant it. FINAL CONSIDERATION OF ORDINANCES AND RESOLUTIONS The ordinance relating to the control of dogs and other animals was again before Council for final consideration. Johnson moved for final pas - sage of the ordinance. Public Safety had reviewed_it'in terms of the method for the establishment of dog control zones, and had recommended an amendment on D age 5, line 3, after "zones ", insert: The .public may initiate the procedure for establishing a dog control zone by submitting a petition to the County Council. The.peti_tion shall contain the names, addresses and signatures of no less than 50 persons of voting agcy residing within the proposed dog control zone. A map shall be attached to each petition which clearly and accurately designates the boundaries of the proposed dog control zone. Said boundaries shall he subject to modification and /or approval of the County Council. iohnson's motion to so insert the language passed. i Minutes of Council mee,,ing January 22, 1981 page three Donovan Iiehrer answered questions relating to the definition of "under control" on page 2, line 25. Further amendments were added as follows: 1. Hansey moved to strike, page 2, line 27 "of 'Regulations' Chapter 2.'" and replace with "the general regulations provided in 6.04.050." No- tion carried. - 2. Hansey moved on page 5, line 9, after "zone ", to insert "and its boun- daries." 1Totion passed.. 3. Van Zanten moved, page 1, line 17 after "that" drop "Title 6" and in- sert Chapter 2.50 Humane Society and 6.04 Animal Control ". Motion carried. The ordinance as amended above, passed on a 6 -1 (?acIntyre) vote. Hansey moved the passage of an ordinance authorizing the continuation of the Whatcom County Jail Construction Fund. motion carried by a unanimous vote. This ordinance is to take effect following the expiration of the emergency ordinance to the same effect which was passed Januar,�7 8, 1981. OTHER BUSINESS Planning Committee had voted "no recommendation" on the application if Knight Development for preliminary plat approval and subdivision vari- ance to create and develop "Valley View Meadows ", having been unable to come to a majority decision on the question of including a 10,000 gallon water reservoir for fire fighting purposes. Roehl moved the approval of the plat and variance request subject to conditions as set out in the find- ings of fact as recommended by the Hearing Examiner.. Muenscher, McIntyre and Johnson were opposed to the inclusion of the water reservoir. Muenscher moved to delete from page 18, section 3 entirely, and section 5 as it applies to fire protection facilities. Motion carried on a majority vote. A let- ter is going to be sent to the Fire Marshal asking him to explain the nec.- essity for such a water tank, and if a Fire District could take th m, ovl for purposes of maintenance and inspection. The approval of th f�„�,P°svajuc�-q as amended passed on a majority vote. Roehl moved to approve the preliminary plat and subdivision variance application of David and Karen hel7_ingar, to be known as "Bellingar Subdi- vision", subject to the findings of fact'as recommended by the Hearing Ex- aminer. Planning recommended approval. Motion carried. Auenscher noted the warning concerning the close proximity of the Mt. Baker Motorcycle Club in the findings. ' 1 Minutes of Counci 1 moetin�; January 22, 1981 ,)age four The Council was individua].Iy polled to determine any conf]ict of inter- est or problems with appearance of fairness in the decision of S 6-80 A and C.U. 16-80 A; Bill Clement, appellant concerning a Hearin;- Examiner decision in Plater District 10 for laying a waterline. All. responded ''no.'' Roehl felt that there was an error of law in that secondary effects had not been considered. Johnson moved to uphold the Hearing; Examiner's decision and deny the appeal, finding no error of law or it being clearly erroneous on the record. Motion passed on a E -1 ( Roehl) vote. Council appointed its members to serve on various boards for 1981, the rules being suspended concerning roll call votes clue to having; thc� tiame number of nominees for positions as positions open. All appointments were unanimous. Thev were: I-30ARD Or IIEALT11 Iran sey Muenscher Poehl 00UNCIL ON AGING Van Zanten (also on Exec 5oard) - MUSEUM BOARD Van Zanten Noll 7'II',4ES'l' TONAL COUNCIL Johnson OPPORTUNITY COUNCIL Roehl COUNCIL OF GOVE,1'. NMI EN`l'S Muenscher v Hawley LEOFF BOARD Roehl N_OP T'I-TWE ST AIR POLLUTION Johnson OPEN SPACE TAXATION I-Iansey M..uensc: her The Council decided the Executive aprointed boardF; urorn which they would like to serve: McIntyre on the Alcohol Administrative Board, Van Zanten on Developmental Disabilities, Roehl on the T?ental Health Board and Johnson would like to continue to serve on the Northwest Senior Services Board after Ills term expires in June of 14181.. The Open Space Advisory Board appointment is to be on the 2/5 agenda. No one was nominted for this position. The Charter requirement of a two consecutive term limit is to be clarified through the P. A.'s office. Johnson nominated Roehl to serve on the joint Transportaton Committee ) and he was appointed by unanimous vote. Hawleynominated Bill Clement and Darlene McLeod to serve as the Demo- crats on the redistricting committee. They were appointed by unanimous vote. Minutes of Council meeting January 22, 1981 )age five There were four nominees from the Republican Party: Frank Atwood, .Joan Ogden, Robert Gibb and Phyllis Entriken. On roll call vote, there were 7 votes for Atwood, 3 for Gibb (McIntyre, Roehl & Van Zanten), 2 for Entriken (Nluenscher & Hansey), and 2 for Ogden (Johnson & Hawley). With Atwood being appointed, the other three names had a re -vote. The vote was then 4 for Gibb (McIntyre, Roehl, Muenscher & Van Zanten) and 3 for Ogden (Johnson, Hansey & Hawley). Gibb will be the other appointee from the Republican Party. INTRODUCTION OF ORDINANCES AND RESOLUTIONS Roehl moved to add two resolutions to the agenda - one referring the Council recommendation of the Ferndale /Cherry Point plan to the Planning Commission, and one concerning the Health Department Levy. Motion passed. Hansey introduced an ordinance levying tax on bingo, raffles, punch boards and pull tabs, designating revenue for law enforcement; authorizing collection by the Whatcom County Treasurer; and repealing ordinances and res- lutions in conflict herewith, and moved to refer it to Finance. He explained that Ordinance 80 -92 had been invalidated due to improper publication. Motion was defeated. Roehl moved to send it to the committee of the whole, with the provision that the Finance Committee prepare a new Sheriff budget with the proposed changes that will have to come as a result of the first gambling ordinance being declared invalid. Motion passed by majority vote. IIansey moved that the Chair call a committee of the whole meeting, and at that time, public hearing date for this ordinance will be established. Passed. Johnson introduced an ordinance establishing the speed limit on all roads in the Plat of Bertranda Estates, and it was referred to Public Safety. Public hearing will be on 2/19. Roehl introduced a resolution in the matter of cancellation of uncol- lectable personal property taxes more than six years delinquent, and moved its passage. Motion carried by unanimous vote. Hansey introduced and moved for passage a resolution in the matter of adjusting the Whatcom County Tax Rolls. Motion carried by unanimous vote. Roehl introduced and moved for passage a resolution in the matter of ..•eferring changes and additions to the proposed Comprehensive Plan for the Ferndale /Cherry Point Subarea to the Planning Commission for a report and recommendation pursuant to the Planning Enabling Act, R.C.W. 36.70.430 and iMinute:i of Counc l mool..,ng January 22, 198-1 page six R.C.W. 36.70.440. Motion carried by unanimous vote. Hansey introduced and moved for passage a resolution in the matter of discontinuing a separate public health levy as provided in R.C.T. 70.12.025 and authorizing and directing County Council IIealth Board members to develop an equitable formula for contributing to the operation of the Health Board. Roehl and Muenscher were relucta.nt'to act upon it at this time. McIntyre supported immediate action. The resolution passed by a majority vote. COMMITTEE REPORTS January 29/7:00 p.m. Committee of the Whole (Wieland appeal of Hearing Examiner decision) January 29 /following the above meeting - Planning Committee meeting The meeting adjourned at 10:30 p.m.