Minutes -- August 8, 1985

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1 WHATCOM COUNTY COUNCIL The Whatcom County Council meeting was called to order at 7:35 p.m. by Chairman Roehl with all members present except Muenscher and Hawley. MINUTES The minutes of the July 9th Committee of the Whole and July 25~h Council meeting were approved as written. PRESENTATION - RETIRED SENIOR VOLUNTEER PROGRAM Ruth Eklund, Director, Retired Senior Volunteer Program (RSVP) gave a brief presentation to the Council on the RSVP program. EXECUTIVE ITEMS AUTHORIZATION FOR OVERLIMIT TRANSFER, ASSESSOR'S OFFICE Tom Sutberry, Budget Director, explained the background on the request for authorization for an overlimit transfer in the Assessor's Office in the amount of $3, BECKER MOVED TO APPROVE THE OVERLIMIT TRANSFER IN THE ASSESSOR'S OFFICE IN THE AMOUNT OF $3, Becker stated that the Finance Committee recommended approval of the overlimit transfer. AUTHORIZATION FOR OVERLIMIT TRANSFER, TORT CLAIMS, DEFENSE, SETTLEMENT & JUDGMENT FUND, PROSECUTING ATTORNEY Tom Sutberry explained the background on the request for authorization for an overlimit transfer in the Tort Claims, Defense, Settlement & Judgment Fund, Prosecuting Attorney's budget in the amount of $15, Becker stated that the Finance Committee recommended approval of an overlimit transfer in the amount of $5, at this time. BECKER MOVED TO APPROVE AN OVERLIMIT TRANSFER IN THE TORT CLAIMS, DEFENSE, SETTLEMENT & JUDGMENT FUND, PROSECUTING ATTOR NEY'S BUDGET, IN THE AMOUNT OF $5, Becker spoke to the motion.

2 Page 2 The motion to approve the overlimit transfer in the Tort Claims, Defense, Settlement & Judgment Fund, Prosecuting Attorney's budget in the amount of $5, carried. AUTHORIZATION FOR TRANSFERS, JUVENILE CQURT Tom Sutberry explained the background on the request for transfers in the Juvenile Court department in the amounts of $9, and $12, Becker stated that the Finance Committee recommended approval of the transfers. BECKER MOVED TO APPROVE THE TRANSFERS IN THE JUVENILE COURT DEPARTMENT IN THE AMOUNTS OF $9, AND $12, AUTHORIZATION TO AWARD BIDS: ONE-WAY~~TRUCTION, YPSSBECK CONSTRUCTION AND HUIZENGA BROS. CONSTRUCTION Tom Sutberry explained the background on the following requests to award bids: 1. One-Way Construction, in the amount of $117,707.10, for reconstruction of Turkington Road Bridge over McCarty Creek 2. Vossbeck Construction, in the amount of $96,152.00, including taxes, for the construction of the Morrison Storm Drain 3. Huizenga Bros. Construction, in the amount of $48, less tax, for design and construction of an equipment storage building Becker reported that the Finance Committee recommended approval of all three bid awards. BECKER MOVED TO APPROVE THE BID AWARDS TO ONE-WAY CONSTRUC TION IN THE AMOUNT OF $117,707.10; VOSSBECK CONSTRUCTION IN THE AMOUNT OF $96,152.00, INCLUDING TAXES, AND HUIZENGA BROS. CON STRUCTION IN THE AMOUNT OF $48, LESS TAX.

3 Page 3.1 REQUEST FOR APPROVAL OF LIQUOR LICENSE FILED BY A.V. HEATH, JEFFREY C. STEGER, T.D. ENNEN AND HARVEY GORSUCH, FOR THE 19TH HOLE, 2145 LAKE}jl.!KI'~11-~Q!lLEYARD Tom Sutberry explained the background on the request for approval of a new liquor license application for a class A,C license filed by Allon V. Heath, Jeffrey C. Steger, T. Dorothy Ennen and Harvey Gorsuch for the 19th Hole, 2145 Lake Whatcom Boulevard. ~ Cole reported that the Public Services Committee recommended approval of the application. COLE MOVED TO APPROVE THE LIQUOR LICENSE APPLICATION FILED BY A.V. HEATH, JEFFREY C. STEGER, T.D. ENNEN AND HARVEY GORSUCH, FOR THE 19TH HOLE, 2145 LAKE WHATCOM BOULEVARD. HEARINGS PETITION TO VACATE A PORTION OF 8TH STREET, FILED BY FLOYD SANDELL The public hearing was declared open in the matter of the petition to vacate a portion of 8th Street located in the RMap of McMillan's Addition to the Town of Whatcom R, filed by Floyd Sandell. There was no one present to speak at the hearing, and the public hearing was closed. Chairman Roehl stated that this would be scheduled for the August 22nd Planning and Development Committee. PETITION TO VACATE A PORTION OF HIGHLAND DRIVE AND PLACE, FILED BY FRED BOETTNER ECHO The public hearing was declared open in the matter of the petition to vacate a portion of Highland Drive and Echo Place filed by Fred Boettner. Byron Haglund 55 Strawberry Point, Spoke against the petition Chairman Roehl stated that the written comments date on this matter would be added into the record. received to There was no one else to speak at the public hearing, and the hearing was closed.

4 Page 4 Chairman Roehl stated that this would be scheduled for the August 22nd Planning and Development Committee. OPEN SESSION Don Flescher 881 Bennett Commented on Cole's humor FINAL CONSIDERATION OF R~OLUTIONS AND ORDINANCES ORDINANCE REPEALING SECTION 5.36 OF THE WHATCOM COUNTY CODE Becker stated that this ordinance was held in the Finance Committee. ORDINANCE ESTABLISHING A REVOLVING FUND FOR THE WHATCOM '(:.Q!J.N.T.:L AUDI.TQ1L'.~LQFi: IC~ Becker explained the background on the ordinance establishing a revolving fund for the Whatcom County Auditor's office. BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE ESTABLISH ING A REVOLVING FUND FOR THE WHATCOM COUNTY AUDITOR'S OFFICE. ORDINANCE REVISING THE 1985 CURRENT EXPENSE FUND, DEPARTMENT BUDGET THEREIN PURCHASING Becker explained the background on the ordinance revising the 1985 Current Expense Fund, Purchasing Department Budget therein. BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE REVISING THE 1985 CURRENT EXPENSE FUND, PURCHASING DEPARTMENT BUDGET. THEREIN. ORDINANCE RATIFYING CREATION OF ROAD IMPROVEMENT DISTRICT j.q_.f!lnd,_au.t1j91u.z; ING_J~.sUA.N~i:_.of' _~.Q~I>.sJlL THE PRINCIPAL SUM OF $32, AND PROVIDING FOR THE SALE THEREOF Becker explained the background on the ordinance ratifying the creation of a Road Improvement District No. 6 Fund, authorizing the issuance of bonds of Road Improvement District No. 6 in the principal sum of $32, and providing for the sale thereof.

5 Page 5 BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE OF THE COUNCIL OF WHATCOM COUNTY, WASHINGTON, RATIFYING CREATION OF A ROAD IMPROVEMENT DISTRICT NO. 6 FUND, AUTHORIZING THE ISSUANCE OF BONDS OF ROAD IMPROVEMENT DISTRICT NO. 6 IN THE PRINCIPAL SUM OF $32, AND PROVIDING FOR THE SALE THEREOF. ORDINANCE TO REVISE ~n~_l~~~_current EXPENSE FUND PROSECUT ING A'l'TORNEY, DI~l'Bl~1'_~Q_().Fj'_1\~P_ P1JBLIC DEFENDER, BUDGETS THEREIN Becker explained the background on the ordinance to revise the 1985 Current Expense Fund Prosecuting Attorney, District Court and Public Defender Budgets therein. BECKER MOVED FOR FINAL ADOPTION OF THE ORDINANCE TO REVISE THE 1985 CURRENT EXPENSE FUND PROSECUTING ATTORNEY, DISTRICT COURT AND PUBLIC DEFENDER BUDGETS'THEREIN. Torn Sutberry explained the ordinance further. Becker stated that page 2, line 9 of the ordinance should be corrected to read " !l The motion to adopt the ordinance as corrected carried. ORDINANCE AMENDING ORD , AN ORDINANCE AMENDING CH, 3.04 W.C.C. TO AUTHORIZE THE CQUNTY EXECUTIVE TO DELEGATE SIGNATURE AQTnQ~l1~ BECKER MOVED FOR FINAL ADOPTION OF DRAFT #2 OF THE ORDINANCE AMENDING ORDINANCE NO , AN ORDINANCE AMENDING CHAPTER 3.04 OF THE WHATCOM COUNTY CODE TO AUTHORIZE THE COUNTY EXECUTIVE TO DELEGATE SIGNATURE AUTHORITY. Becker spoke to the motion. The motion to adopt draft 2 of the ordinance carried. ORDINANCE AMENDING ORD.TI:42 WHICH IS mdjfied IN W,~.J.c!11JQ..~'pTABLISH NE:W_.P.FQ~~P!JF.f:1LfQ1L PROCESSING CLAIMS, AND FURTHER REPEALING RES AS CODIFIED AT W.C.C., Becker stated that this ordinance was held in Finance Committee.

6 Page 6 ORDINANCE AMENDING TITLE 9.W.C.C. BY M!U..mLA-.N!;1L'si:tTl.QN 9~jJl i:.n.'l' IT.LED_~lNFQIWED_~Q.Nm;Nj'_.R~.QlJl.BEMENTS P1U.{lli TO TERMINATING PREGNANCY" UNDER RCW 9.02) Chairman Roehl stated that this ordinance would be scheduled for the first meeting in Septembe~. RESOLUTION ESTABLISHING WHATCOM 1986 COUNTY BUDGET POLICY FOR BECKER MOVED FOR FINAL ADOPTION OF THE RESOLUTION ESTABLISH ING WHATCOM COUNTY BUDGET POLICY FOR BECKER MOVED TO AMEND THE RESOLUTION WITH THE FOLLOWING: page 2, line 14.5 should read "4. Substantial monies received from Federal Shared Revenue in 1986 and from other appropriate sources " The motion to amend carried. Johnson spoke in support of the resolution. The motion to adopt the resolution carried. OTHER BUSINESS APPOINTMENTS TO CEl1E.'l'EB-X DI.s.'l'Bl~j'_j1 Chairman Roehl explained the background on the appointments to Cemetery District #2..2 :' JOHNSON MOVED TO APPOINT THE FOLLOWING TO CEMETERY DISTRICT 1) PHILIP K. STOUFER, 3867 CENTERVIEW ROAD, LUMMI,ISLAND, TO FILL THE TERM OF LYLENE JOHNSON 2) MOLLY HARMONEY, 2139 S. NUGENT ROAD, LUMMI ISLAND, TO FILL THE TERM OF RICHARD HUDSON These terms were run until the General Election has been certified, which will be November 20, The motion carried./

7 Page 7 PETITION TO VACATE LOT ~E BETWEEN LOTS 94 AND 115, DIV. 23, PLAT OF SUDDEN VALLEY, FILED BY D. HANSON I Chairman Roehl stated that the petition filed by David Hanson for a lot line vacation would be forwarded to the Planning and Development Committee for review and recommendation. INTRODUCTION OF RESOLUTIONS AND ORDINANCES Chairman Roehl added an ordinance to the agenda as follows: 6. Ordinance providing for the transfer of the franchise from McCaw Cablevision to a purchaser of that franchise. RESOLUTION REGARDING NOOKSACK PROPOSED HAZARDOUS WASTE INCINERATO~ Chairman Roehl explained the resolution regarding the Nooksack proposed hazardous waste incinerator. HANSEY MOVED TO INTRODUCE AND ADOPT THE RESOLUTION REGARDING THE NOOKSACK PROPOSED HAZARDOUS WASTE INCINERATOR.,/ Steve Mach, Rutsatz Rd., Deming, provided further information regarding the proposed incinerator. The motion to adopt the resolution carried. RESOLUTION APPROVINGTa~-l~py.h~~~_Qf_ECONOMIC PEVELOPMENT RE.YENUE BONDS OF'_ j'h~_l.n!>lj.s.'!'rial_ DEVELOPMENT CORPORA TION OF THE PORT OF BELLINGHAM PURSUANT TO RCW BECKER MOVED TO INTRODUCE AND ADOPT THE RESOLUTION OF THE COUNTY COUNCIL OF WHATCOM COUNTY APPROVING THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS OF THE INDUSTRIAL DEVELOPMENT CORPORATION OF THE PORT OF BELLINGHAM PURSUANT TO RCW Becker explained the resolution and stated that the Finance Committee recommended approval. Chairman Roehl explained further. The following ordinances were introdu'ced by consent and referred as noted below: 1. Ordinance adopting a revised 1985 budget for the Sewer Construction Fund for the purpose of providing for

8 Page 8 wastewater treatment plant engineering (referred to Finance Committee) 2. Ordinance amending Whatcom County Code 2.24, the Interim Zoning Ordinance to eliminate Planned Unit Developments (PUD's) as permitted or conditional uses, and to eliminate all other references to Planned Unit Developments and to provide certain conditional uses in S4, RMD7, ROM and ROB zones (referred to Planning and Development Commi.ttee) 3. Ordinance amending building height definitions and regulations of Title 20, the Official Whatcom County Zoning Ordinance, and Whatcom County Code 2.24, the Interim Zoning Ordinance (referred to Planning and Development Committee) 4. Ordinance providing for the transfer of the franchise from McCaw Cablevision to a purchaser of that franchise (referred to Public Services Committee).' The meeting was adjourned at 8:30 p.m WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON AT'l'EST: ~Q~ ~~ Carol Clerk 0 rgson the Council 7U:~/lA William P. Roehl Chairman (~b

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