HomeMy WebLinkAboutCouncil March 6 20011 WHATCOM COUNTY COUNCIL
2 Regular County Council
3
4 March 6, 2001
5
6
7 The meeting was called to order at 7:00 p.m. by Council Chair Marlene
8 Dawson in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
9
10 Also Present: Absent:
11 Dan McShane None
12 L. Ward Nelson
13 Connie Hoag
14 Barbara Brenner
15 Sam Crawford
16 Robert Imhof
17
18 ANNOUNCEMENTS
19
20 Nelson announced that some people in the audience might want to speak on
21 Comprehensive Plan amendments, which will not be addressed by the Council
22 tonight. No action will be taken at this meeting.
23
24
25 APPROVAL OF MINUTES
26
27 APPROVAL OF MINUTES FOR THE FOLLOWING MEETINGS:
28 COMMITTEE OF THE WHOLE, FEBRUARY 20, 2001; SPECIAL WATER
29 RESOURCES WORK SESSION, FEBRUARY 13, 2001
30
31 Dawson moved approval.
32
33 Motion to approve carried unanimously.
34
35
36 OPEN SESSION
37
38 Nelson stated that people from Sandy Point have a representative in
39 attendance to speak on their behalf. He would allow the representative to speak for
40 7.5 minutes during the open session, rather than have each Sandy Point resident
41 speak in turn.
42
43 The following people spoke:
44
45 Earl Baker, 4175 Sucia Drive, Sandy Point, stated he represented the Sandy
46 Point Alliance, a nonprofit volunteer organization, which is a group of American
47 citizens living within the boundaries of the Lummi Reservation. They are seeking
48 ways to live in harmony with their neighbors. There are two current issues facing
Regular County Council Meeting, 3/6/2001, Page 1
the waterfront property owners on the reservation. The first issue is that the
Lummi tribal members claim that they own land above the mean high tide mark.
The Tribe uses this position to claim that non - tribal members cannot use the beach
without tribal permission. Property owners are similarly prevented from
maintaining protective seawalls on land falsely claimed by the Lummi Nation. The
waterfront property boundaries clearly extend to the mean high water line, as
established by many court cases. In addition, the property boundaries are on file
with Whatcom County, and establish their ownership to the mean high tide.
Whatcom County collects taxes from the residents on those lands. Some years
back, the County represented the Bezona family on North Shore Drive when the
tribe permitted tribal woodcutters to remove a cedar log the owner used to shore
his bank. The tribe lost the case, yet the tribe continues to intimidate other
property owners that use protective devices. Because they pay taxes on this
section of the waterfront, and because the County issues permits for seawalls on
their land, he requested that County write a letter to Gail Norton of the Bureau of
Indian Affairs to ask what is being done with federal resources about the
harassment and intimidation of property owners who only want to live in harmony
on the property they purchased from willing sellers.
On the west beach of Sandy Point, the original high water mark has shifted
due to the lack of littoral material from the north. This is connected to state and
County permits provided to industrial docks to the north of Sandy Point.
Construction of the docks interrupted the littoral drift of sediment from north to
south. The seawalls became a necessity to protect homes. There is no legitimate
right to remove their permitted or grandfathered structures. The County has a duty
to secure their permitting rights. He suggested that the County, state, Department
of the Interior, and Army Corps of Engineers work with property owners and the
industries to restore the tidelands, which would resolve many of the issues at hand.
The second issue is the ownership of tidelands that go from the mean high
tide mark to the low high tide mark. The Tribe's inability to produce a title makes
this a state issue, but it has implications for the County. It is time that the state
step forward and address its responsibilities for these lands. His investigation of
treaties, court cases, and public documents leads him to believe that the following
statements are valid:
• According to the Submerged Land Act of 1953, tribes must prove there
was congressional intent for them to hold title to the tidelands. There
have been two directives to the Department of Interior to place title on
tribal lands. One directive followed the Indian Reorganization Act of
1934, which the Lummi's voted against organizing. The second directive
followed the Submerged Land Act of 1953. In neither case did the
Department of Interior give the Lummi Nation title.
• The Tribe's lack of title can be verified with the Department of the
Interior. It is not to say that the tidelands are not part of the reservation
boundary. Many entities contain lands within their boundaries over which
they have little or no jurisdiction.
Regular County Council Meeting, 3/6/2001, Page 2
1 He requested the County to contact the governor, the state representatives,
2 and the newly elected director of the Department of Natural Resources (DNR) to
3 request that they protect public access to the residents' tidelands and ask Lummi
4 leadership to cease and desist their intimidation of the public as it relates to such
5 access. He requested that the County ask for proof from the state that the Lummi
6 Nation has the right to manage reservation tidelands. As non - Indians, they have
7 every right to walk the public trust land, dig clams, and fish on these in- common
8 lands. There is no language in the treaty that gives the Lummi Nation exclusive
9 rights to the resource on the tidelands that happen to lie within the reservation
10 boundaries. Tribes have a sovereign immunity that prevents accountability through
11 the courts. Former President Clinton's executive orders have given tribes further
12 power. These orders require federal agencies to give priority support to the tribes.
13 They permit tribes to use taxes and federal agencies to intimidate their neighbors.
14 He asked that the County Council request President Bush to remove the legal chaos
15 in Indian country, that has accelerated through President Clinton's executive
16 orders.
17
18 The Sandy Point residents are limited in their ability to fund legal efforts on
19 this issue. There are issues that the state and County have contributed to in the
20 past, and which they must help resolve in the near future. He supplied the Council
21 with draft letters to the appropriate parties to use in their efforts to help. There is a
22 resolution in the form of a joint project including the Sandy Point, state, County,
23 Army Corps of Engineers, Bureau of Indian Affairs, and adjacent industry dock
24 operators to find a resolution to the loss of the beaches, and undertake a practical
25 beach restoration project.
26
27 In addition, the community of Sandy Point thanked the County Council,
28 County Executive, and all the people in the Public Works Department for the fine
29 job done on December 15, 2000, when the community was hit with the most
30 incredible storm that they've seen. The response of people coming to their
31 assistance is truly appreciated.
32
33 Charles Emley, 1007 Austin Street, stated people would like to see
34 something done to clean up the Lake Whatcom drinking water. Put restrictions on
35 motor boating.
36
37 Alex Cummings, 1529 Iron Street, stated she is a nurse and mother. A
38 group of people held a public health forum in September. They want to have the
39 tape of the forum aired on public access television because it is a public health and
40 public safety information situation. They want to make sure the entire county sees
41 it. At the time, she thought they had public access. It is now only government
42 access. She tried to have it aired on channel 26. They need a sponsor in order to
43 have it played on channels 26 or 10. Call the air hotline at 756 -5118. If anyone
44 wants a copy of the tape, they can call that phone number.
45
46 Dick Gilda, Jensen Road, Bellingham, stated that Councilmember Crawford
47 should get together with Councilmember Imhof and talk about biker safety.
48 Consider writing a letter of support for Georgia- Pacific to come up with a solution,
Regular County Council Meeting, 3/6/2001, Page 3
1 not just the lawsuit. He agreed with the Department of Ecology about how they are
2 going to handle Georgia- Pacific. This is a serious situation. It is overkill. Mayor
3 Mark Asmundson outdid himself this time.
4
5 Regarding the limits on truck weight, it is similar to what happened with the
6 Lake Whatcom watershed clearing ordinance. They allowed a 2,000 -pound vehicle.
7 Instead of looking at ground pressure and the damage that could be done, they
8 went with a blanket limit.
9
10 Brenner stated a new resolution proposes to remove the Council's support for
11 the weight limit.
12
13 Nick Laninga, Lynden City Councilmember, spoke on the proposed
14 Comprehensive Plan amendment (docket number 2001 -D) filed by Blankers-
15 Sanders and Timmers. He did not speak as a representative of the Lynden City
16 Council. The City Council supports this application. It voted unanimously on the
17 recommendation of the city Planning Commission. The current urban growth
18 boundary is inconsistent. The proponents want to run a straight line that follows
19 the ridge on the south side of town. The area surrounding it is housing. This area
20 would be best used for housing. The area is not suitable for farming due to the way
21 the land lays. It is not suited for a dairy because of the proximity to the homes.
22 This area would provide a suitable inventory for the city's projected housing needs
23 as the Planning Commission has recognized.
24
25 Dennis Beaman, Sandy Point, stated he is the President of the Sandy Point
26 Improvement Company. In 1993, the Lummi Tribe drilled a well on lot 45 in the
27 Neptune Heights plat, within the boundaries of the reservation and the Sandy Point
28 Improvement Company. The land is fee land, as is all land within the boundary of
29 the Sandy Point Improvement Company. That means that the federal trust
30 responsibility and restrictions have been removed. The land is taxable. It falls
31 under the jurisdiction of the state and County. It does not matter if the land is
32 within the boundary of the reservation. His land is within the boundary of the
33 reservation, and the County and state have jurisdiction over it. The race of the
34 person who owns that land also does not matter. The tribe does pay a tax on this
35 lot where they drilled the well. When the tribe first started drilling, the County
36 posted a stop work order because the tribe had not applied for or received permits.
37 When the tribe threw the stop work order in the ditch, the County did not pursue it,
38 even though the tribe's well is within 130 feet of the Sandy Point Improvement
39 Company well. The state guidelines recommend 1,000 feet for non - interference.
40 The County and state have done nothing, even though the Sandy Point
41 Improvement Company well provides water to 2,500 residents, both tribal and non -
42 tribal. The health and safety of these residents are in jeopardy. The tribes started
43 pumping over 30 million gallons of water per year, and seriously drew down the
44 aquifer. The majority of this valuable natural resource, the water, is being wasted.
45 That amount of water is pumped through the tribal hatchery and far beyond the
46 amount needed for such a small hatchery. The main purpose for the huge water
47 withdrawal is to draw down the water in the aquifer. This is the only means the
48 tribe has to stop further building at Sandy Point. He asked the County Council to
Regular County Council Meeting, 3/6/2001, Page 4
1 write a letter to Bill Black of the Bureau of Indian Affairs, asking him to come to
2 Whatcom County with experts to look at the well and hatchery. He also asked that
3 they have the tribe submit all records of the tribal hatchery and wells. He asked
4 what the County would do when 2,500 residents are without potable water because
5 of the County and state's lack of protection. This is a real threat this summer
6 because of the lack of rainfall and because of the draw down in the Sandy Point
7 aquifer.
8
9 Arlene Blankers- Sanders spoke on Comprehensive Plan amendment 2001 -D.
10 There are discrepancies between the City of Lynden findings and the County
11 findings. The city feels that there are at least 12 acres of good developable land
12 existing at this time. The city used a 1992 Federal Emergency Management Agency
13 (FEMA) flood plain map. The County used a 1990 FEMA map. There was also a
14 mapping error when the urban growth area (UGA) was amended last year. The
15 current line is irrational, and the Russell Ditch is the closest surveyed line that
16 follows the topography of the land. The city feels that the flood plain is a difficult
17 boundary to administer, and prefers the use of the Russell Ditch. She asked the
18 Council to send the proposal to the Planning Commission for review. She thanked
19 the Lynden City Council members who attended this meeting.
20
21 Drew Saunders, Bellingham, stated that, instead of blaming Georgia- Pacific,
22 show that upper level management is grossly mismanaging resources. They take
23 risks. They took a risk by signing the energy contract. Now, they are laying people
24 off because they can't pay these energy prices and are using the method that
25 generates the most pollution to generate electricity. They are trying to divide the
26 community by saying the choice is workers versus environmentalists. There are
27 better ways to make paper without damaging the water and the air. Washington
28 has no excuse on its failing grade on water standards. That means governance,
29 which is in charge of managing life essential resources. The National Wildlife
30 Federation gave the state of Washington and 18 other states a failing grade for
31 failing to adhere to federal Clean Water Act standards. Georgia- Pacific can afford to
32 use the best available pollution control technology. He suggested that, if
33 necessary, give the company incentives such as tax breaks to do the best available
34 pollution control. Chlorine is a process. If they use chlorine, organic matter, and
35 high temperatures, they produce dioxin, which the Environmental Protection
36 Agency (EPA) has studied three times. The EPA said it is the most carcinogenic
37 manmade substance, other than plutonium. Give the businesses direction to
38 pollute less.
39
40 Arnie Blankers, 1777 Fairview Street, Lynden, asked the County Council to
41 approve Comprehensive Plan Amend 2001 -D. Make the southern growth boundary
42 be the Russell Ditch. This is a surveyed landmark. Due to the topography of this
43 area, it would be difficult to make another boundary that includes all the land above
44 the flood plain that is suitable for development. Approximately 25 percent of this
45 land is in the flood plain, however it is a deflated percentage because of the
46 topography. It is no longer suitable for farming because it is too saturated with
47 water runoff from the city. The area in the flood plain could be made into detention
48 ponds to control city stormwater runoff. The Department of Fisheries will no longer
Regular County Council Meeting, 3/6/2001, Page 5
1 issue permits to clean drainage ditches, causing saturation and making it no longer
2 suitable for farming. This flood plain area would also be an excellent buffer
3 between farmland and the residential district.
4
5 He began this urban growth process by applying for approval through the
6 Lynden City Planning Committee. They had unanimous approval. Next, they
7 applied to the Lynden City Council, and also had unanimous approval. He
8 requested that the County Council follow suit. He offered to allow the County
9 Council to observe the area. It is a unique area for being so close to the City of
10 Lynden, and yet not being developed.
11
12 Bob Wiesen, 3314 Douglas Road, asked that the County Council take some
13 action in support of Georgia- Pacific, or help negotiate temporary help. Regarding
14 the weight limit on trucks and length, some trucks in Washington State exceed the
15 standard length. The federal standard is to allow two 28 -foot trailers. Washington
16 and other states allow 32 -foot double trailers. Single trailers can go as high as 57
17 feet in Washington, and the federal standard is 48 feet. The overall length allowed
18 is 65 feet. The additional lengths are important to people like Georgia- Pacific,
19 which bulks out their trailers before they weigh out. He would support not allowing
20 triple trailers, and drop the opposition to the weight limit.
21
22 Lois Garlick, 3014 Lynn Street, Bellingham, thanked the Council for denying
23 the motorcycle shop at south Lake Whatcom. She also represents a group fighting
24 for clean water in Lake Whatcom.
25
26 Rita Foley, South Lake Whatcom, thanked the councilmembers for
27 overturning the Hearing Examiner's decision regarding the Park Store's "Scooter
28 Stuff." They promised to put in a restaurant in 1990. She supported that use. The
29 site is a historical site. She didn't think the Historical Society had a motorcycle
30 biker hangout in mind. This has always been a very quiet neighborhood. Since
31 she's taking a stance against the shop, she has been sworn and cussed at. People
32 on South Bay Drive support her position. She will oppose this use.
33
34 Dawson stated she would circulate the Sandy Point letters to the
35 councilmembers.
36
37 Brenner stated she wanted the letters to be scheduled in committee and go
38 to Senior Civil Deputy Prosecutor Dave Grant for a legal opinion.
39
40 Dawson stated that she would schedule the letters in committee.
41
42 Hoag appreciated the concerns brought forward by the Sandy Point
43 residents. The policy is that they can only circulate letters if there is an emergency,
44 and there is not a Council meeting scheduled.
45
46
47 CONSENT AGENDA
48
Regular County Council Meeting, 3/6/2001, Page 6
1
Imhof reported for the Finance and Administrative Services Committee and
2
moved
approval of Consent Agenda items one through seven.
3
4
Motion to approve items one through seven carried unanimously.
5
6
1.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
7
PURCHASE OF WHATCOM COUNTY'S ANNUAL SUPPLY OF ASPHALTIC
8
EMULSIONS FOR MAINTENANCE OF COUNTY ROADS FROM THE
9
LOWEST RESPONSIVE BIDDER MCASPHALT INDUSTRIES IN THE
10
APPROXIMATE AMOUNT OF $500,000 (AB2001 -088)
11
12
2.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
13
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
14
HEALTH AND HUMAN SERVICES DEPARTMENT AND EVERGREEN AIDS
15
FOUNDATION, TO PROVIDE FOR VOLUNTEER AND CASE
16
MANAGEMENT SERVICES FOR CLIENTS INFECTED WITH HIV AND /OR
17
DIAGNOSED WITH AIDS IN THE CONTRACT AMOUNT OF $21,000
18
(AB2001 -089)
19
20
3.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
21
CONTRACT BETWEEN WHATCOM COUNTY AND HANSON ENGINEERS
22
INC. FOR THE DEVELOPMENT OF A 20 -YEAR FERRY OPERATION PLAN
23
IN THE AMOUNT OF $41,000 (AB2001 -090)
24
25
4.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
26
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
27
NOOKSACK SALMON ENHANCEMENT ASSOCIATION (NSEA) FOR
28
MANAGING CHINOOK ACCLIMATION PONDS ON THE NORTH FORK OF
29
THE NOOKSACK RIVER IN THE AMENDMENT AMOUNT OF $29,000
30
FOR A TOTAL AMENDED AMOUNT OF $35,000 (AB2001 -091)
31
32
S.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
33
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY
34
AND DAVID I. HAMLIN & ASSOCIATES FOR TRAFFIC ENGINEERING
35
SERVICES IN THE AMOUNT OF $18,895 (AB2001 -092)
36
37
6.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
38
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
39
CITY OF BELLINGHAM FOR THE PURPOSE OF A COORDINATED
40
COUNTY -WIDE SOLID WASTE MANAGEMENT SYSTEM AND
41
HAZARDOUS WASTE PROGRAM, IN THE AMOUNT OF $260,000
42
(AB2001 -093)
43
44
7.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
45
CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST
46
REGIONAL COUNCIL FOR LAW AND JUSTICE SUPPORT SERVICES, IN
47
THE BUDGETED CONTRACT AMOUNT OF $50,000 (AB2001 -094)
48
Regular County Council Meeting, 3/6/2001, Page 7
1
2 OTHER ITEMS
3
4 1. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
5 AMENDMENTS (AB2001 -041)
6
7 McShane reported for the Natural Resources Committee and stated the
8 Endangered Species amendment item was held to the County Council Water
9 Resources work session next Tuesday. There are important policy decisions that
10 need to be made. He hoped they would be made on a rational level. It is not
11 based on politics, but on what is really good for the county.
12
13 2. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED
14 APPROVAL OF THE PLANNED UNIT DEVELOPMENT "CREEKSIDE
15 MEADOWS," FILED BY CAREY BROTHERS (AB2001 -087)
16
17 McShane reported for the Planning and Development Committee and moved
18 to approve. A few things had to be put on the record that the Hearing Examiner
19 came up with. One thing is that water will be provided by the City of Bellingham
20 via a city ordinance. Geo- technical considerations will be put on the final plat. A
21 school district assessment of $1,480 per house will be paid. The traffic study has
22 been done and the changes will be carried out.
23
24 Motion carried unanimously.
25
26 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CODE,
27 TITLE 20, CHAPTER 20.40, AGRICULTURE DISTRICT (AB2000 -342)
28
29 McShane reported for the Planning and Development Committee and stated
30 this was held in committee.
31
32 4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY CODE,
33 TITLE 20, CHAPTER 20.38, AGRICULTURE PROTECTION OVERLAY, TO
34 ENHANCE THE APO COMPLIANCE WITH THE GROWTH MANAGEMENT
35 ACT, THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE
36 COUNTY -WIDE PLANNING POLICIES; TO CLARIFY; AND TO ENHANCE
37 PROTECTION OF AGRICULTURE LANDS (AB2000 -356)
38
39 McShane reported for the Planning and Development Committee and stated
40 this was held in committee.
41
42 The committee scheduled two special meetings. One meeting is March 15
43 from 1:30 p.m. to 3:30 p.m. to discuss cottage industries. The following week, on
44 March 22, they will discuss agriculture issues at noon. He was not sure he would
45 be able to attend.
46
47 (Clerk's Note: End of tape one, side A.)
48
Regular County Council Meeting, 3/6/2001, Page 8
1 5. RESOLUTION AUTHORIZING A NAME CHANGE FOR WATER DISTRICT
2 12 (AB2001 -095)
3
4 McShane moved to approve changing the name to the Samish Water District.
5
6 Motion carried unanimously.
7
8 6. RESOLUTION SUPPORTING THE CURRENT FREEZE ON TRUCK LENGTH
9 RESTRICTIONS (AB2001 -070A)
10
11 Brenner stated this was in her committee. She came up with a resolution
12 that neither side liked. The Washington Alliance for Safer Highways did not like
13 that the Council was dropping the length restriction. The Trucking Association
14 stated they were not thrilled that they weren't including the longer lengths and
15 triple trailers. She was happy with the resolution. It supports what they already
16 have. The weight issue did not catch her eye. Washington allows certain lengths
17 already. It is not fair to tell other states that they should not have weights that
18 Washington already has. The resolution says that they do not support the longer
19 lengths. They are not taking a position on the weight issue. This is what the
20 Council said it wants to do.
21
22 Dawson stated they should drop the entire resolution. There is a new
23 manufacturer in town that has products to modify truck to correct sway and tip -
24 overs. The business can regulate the hours and address the weather conditions.
25 The Council doesn't have all the information. She moved to rescind the approved
26 resolution.
27
28 Nelson asked if the resolution was sent.
29
30 Brenner stated it was. The Council would have to send something else.
31
32 Dawson stated they would have to write a retraction.
33
34 Hoag stated she supported the original resolution. She was concerned with
35 triple trailers and extensive weight. She didn't want to restrict Milky Way and
36 gravel trucks from operating, but she didn't want people to add more weight on top
37 of that. It is difficult to stop a heavy load.
38
39 Imhof stated the state has length and weight restrictions now. There is no
40 legislative movement to change those at the state level. Triple trailers do become
41 a hazard on the freeways and the single lane roads.
42
43 Brenner stated that, by rescinding the resolution, they are not opening the
44 door to triple trailers. They are not allowed anyway. They were her concern. The
45 state does not allow triple trailers.
46
47 Motion to rescind and send notification of the rescindment carried 5 -2 with
48 Hoag and McShane opposed.
Regular County Council Meeting, 3/6/2001, Page 9
1
2 INTRODUCTION ITEMS
3
4 Brenner moved to accept the Introduction Items.
5
6 Motion carried unanimously.
7
8 1. ORDINANCE ACCEPTING A PORTION OF ZANDER DRIVE AS A PUBLIC
9 ROAD (AB2001 -082A)
10
11 2. ORDINANCE ACCEPTING A PORTION OF MCLEOD ROAD AS A PUBLIC
12 ROAD (AB2001 -083A)
13
14
15 OTHER BUSINESS
16
17 Dawson moved to send the letter she wrote to Bill Black of the Bureau of
18 Indian Affairs requesting information under the Freedom of Information Act.
19
20 Brenner says she doesn't see what the Council's interest is.
21
22 Dawson stated that the Department of the Interior says that it does not
23 manage the tidelands or keep track of them. It is very strange why they would be
24 negotiating. They have to disclose money that has been taken in. Some strange
25 things are going on, and this would help get clarification.
26
27 Hoag stated she feels there is a need for clarification. What is being asked
28 for in the letter is not anything that is out of line. For the sake of the individual
29 homeowners who are being sued by the federal agencies, it is important to clarify
30 the issues out there. This is not about the Council taking a particular stand. It just
31 requests clarification. She would support the letter.
32
33 Imhof stated he didn't see the advantage of the Council sending the letter. If
34 homeowners are being sued, they should be sending the letter. This gets the
35 County into a dogfight they don't want to be in.
36
37 Brenner stated she didn't understand why the County Council would have an
38 interest in knowing how much money they've received. The money issue doesn't
39 have to do with legislation. They are legislators.
40
41 Dawson stated the County Council also develops policy, and the County has
42 been involved with similar leases. The Department of the Interior has no record of
43 the tidelands and doesn't manage them. The title was directed to the Department
44 of Interior to be put on all tidelands. It has implications for the County.
45
46 Brenner stated this would just unnecessarily irritate a certain segment.
47 Hoag suggested amending the question so it asks if the Department has
48 managed the tidelands in any way.
Regular County Council Meeting, 3/6/2001, Page 10
1
2 Dawson accepted the friendly amendment.
3
4 Motion carried 4 -3 with Imhof, McShane, and Crawford opposed.
5
6 McShane stated he was confused about the issue regarding public access
7 television. He questioned whether it is possible for the Council to sponsor the video
8 referenced by the speaker during open session.
9
10 Imhof stated he wanted to see the video before he would sponsor it.
11
12 Dewey Desler, Deputy Administrator, gave an explanation of the public
13 access television in Whatcom County. There is a Public, Education, and
14 Government Access Committee, although it is inactive. The City of Bellingham set
15 up channel 10, which is a government access operation. The County is currently
16 involved in negotiations with AT &T Broadband to generate a potential channel 22,
17 designed for county use. The administration is not ready to make a
18 recommendation on how to proceed. At this point, the only access that exists is the
19 broadcast of Council meetings or other specialized events that the Executive or
20 Council would authorize and pay the City of Bellingham to broadcast. When the
21 administration finalizes the arrangements, it will have a recommendation for the
22 County Council.
23
24 Nelson stated he thought that they were to be aired, according to the
25 contract agreement. Desler stated that is an issue they are disputing with AT &T.
26
27 McShane asked if county residents get channel ten.
28
29 Nelson stated he does not get it.
30
31 McShane stated stations other than AT &T don't air it. He questioned whether
32 the Council would have to pay a fee if it sponsors the video. Desler stated the
33 County would have to arrange that with the City of Bellingham.
34
35 Pete Kremen, County Executive, stated the City of Bellingham wants $35,000
36 annually from the County to air all of the Council meetings. The administration is
37 unwilling to accept that proposal. In the interim, the County is paying $50 per
38 Council meeting. When the County wanted to air the war memorial celebration, it
39 asked the City of Bellingham to play the tape. The only way they would have done
40 it was if someone from the city would sponsor the tape, and the County also had to
41 pay for the taping. The County was not able to sponsor it. He didn't know that the
42 County could carry through the citizen's request.
43
44 Desler stated the administration is still negotiating with AT &T.
45
46 Brenner stated the contract is clear. She agreed that the City of Bellingham
47 doesn't have to do this, but there is channel 26. The County should tell AT &T that
Regular County Council Meeting, 3/6/2001, Page 11
1 it needs to put it on the air on channel 26. It is outrageous that the County is
2 paying the City of Bellingham. AT &T should air it on channel 26.
3
4 Hoag asked if the County could request that the tape be aired on channel 26.
5 One of the experts that testified at the meeting is from the University of
6 Washington and has national renown. This is information that is very valuable to
7 the community. Kremen stated he could ask AT &T anything that the Council wants.
8 The problem is that they are not even airing the County Council meetings on
9 channels 26 or 22. The County is in dispute on whether the franchise agreement
10 requires that task. He was not pleased, because they have raised the bar on more
11 than one occasion.
12
13 Crawford stated that they've also raised their rates.
14
15 Kremen agreed. Now they are saying that they will be willing to air the
16 County audiotapes on another channel. They are saying that if they do so, they will
17 charge the subscribers. The administration does not want to go down that path.
18
19 Crawford stated the Dish Network is having a sale.
20
21 Brenner stated the problem is that the County is right on this, and that AT &T
22 is getting away with it. Every time the County misses an opportunity to air material
23 that is of public and government interest, they are winning.
24
25 Hoag moved to request that the administration designate someone to pursue
26 the request to air this tape over public access television.
27
28 Brenner stated the motion should include that the Council submits the tape
29 for broadcast.
30
31 Kremen asked why the County would submit this tape to AT &T and not its
32 own Council meetings. If they are going to do a motion like that, don't make it
33 exclusive to this tape. Focus on the Council meeting tapes.
34
35 Brenner agreed.
36
37 Hoag did not accept the friendly amendment. Her motion was to pursue this
38 and to request that administration try to get this tape aired, whether it involves
39 talking to the City of Bellingham on behalf of these people or talking to AT &T. She
40 wanted this pursued. It is a valid request. The Council should support it.
41
42 Motion carried 4 -3 with Imhof, Nelson, and Crawford opposed.
43
44 Brenner stated there was discussion in the Public Works Committee, and the
45 committee is bringing forward recommendations for Council's approval.
46
47 First, the committee recommended supporting the Engineering staff's
48 direction regarding the speeding problems along Flynn - Euclid (AB2001 -062).
Regular County Council Meeting, 3/6/2001, Page 12
1 The actions will include placing the Sheriff's Office reader board at the location to
2 let people know how fast they are going. The average speed is 40 to 45 miles per
3 hour in a 25 miles per hour zone. After two days with the reader board, the
4 sheriff's deputies would then go to the location to issue tickets. She so moved.
5
6 Motion carried unanimously.
7
8 Brenner stated that the committee approved sending four letters regarding
9 Foothills Recycling (AB2001 -096):
10
11 1. To the Nooksack Tribe offering the County's support and to work
12 jointly with the Tribe on the problem.
13
14 She so moved.
15
16 Motion carried unanimously.
17
18 2. To the Environmental Protection Agency asking for a comprehensive
19 assessment of the site to determine potential hazards and ensure
20 clean -up.
21
22 She so moved.
23
24 Crawford asked if the letter was to include the request that the County's staff
25 accompanies the EPA.
26
27 Brenner stated that the administration would ask for that. Chris Chesson
28 said he would like to attend the site visit.
29
30 Crawford stated that Mr. Chesson would bring along a flood engineer.
31
32 Motion carried unanimously.
33
34 3. To the Army Corps of Engineers, requesting them to participate in the
35 EPA review, and to look at wetland issues at the site.
36
37 Motion carried unanimously.
38
39 4. To their federal legislators, notifying them of the request to the EPA for
40 action. It would be a cover letter to a copy of the letter to the EPA.
41
42 Motion carried unanimously.
43
44 Hoag asked Councilmember McShane to leave the room so that she could
45 talk about the Energy Facility Site Evaluation Council (EFSEC) and Sumas Energy 2
46 (SE2).
47
48 (Clerk's Note: Councilmember McShane left the meeting.)
Regular County Council Meeting, 3/6/2001, Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Hoag stated she distributed a letter to councilmembers for their
consideration. She requested the Council to send letter of support for the recent
EFSEC decision and denial of SE2. She read the letter into the record, and so
moved.
Motion carried 4 -2 with Crawford and Imhof opposed.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports.
ADJOURN
The meeting adjourned at 8:28 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on April 3 , 2001.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
Regular County Council Meeting, 3/6/2001, Page 14