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WHATCOM COUNTY COUNCIL
Regular Council Meeting
February 23, 1999
The meeting was called to order at 7:00 p.m. by Council Chair Marlene Dawson in the
Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Kathy Sutter None
Robert Imhof
L. Ward Nelson
Connie Hoag
Barbara Brenner
Tom Brown
ANNOUNCEMENTS
Dawson announced that, during Committee of the Whole executive session, there was
discussion with Senior Deputy Prosecutor Daniel Gibson regarding potential litigation
(AB99 -017).
Dawson also announced that there was discussion regarding the Council's e-mail
distribution policy (AB99 -017) and discussion regarding the Council policy on Council
Member correspondence.
Dawson announced that the proposed Firearm Ordinance (AB99 -040) was held in committee.
Brenner stated that they came up with some policies that they believe will enact State law and
protect people in parks, yet allow firearms in parks as protection and with a concealed weapon.
Dave Wareing, Deputy Administrator, invited the public to give their input tonight.
CANVASSING
COUNCIL TO APPOINT ONE MEMBER TO CANVASS THE REGULAR, SPECIAL,
AND QUESTIONED ABSENTEE BALLOTS FROM THE SPECIAL GENERAL
ELECTION TO BE HELD ON MARCH 9, 1999. THE CANVASS WILL BE HELD
ON MARCH 17 AT 9:00 A.M. AND MARCH 19 AT 2:00 P.M.
Sutter volunteered to canvass on March 19th.
Dawson stated that they will choose someone to canvass on March 17th at a later time.
APPROVAL OF MINUTES
Regular County Council Meeting, 2/23/99, Page 1
2 APPROVAL OF MINUTES: COMMITTEE OF THE WHOLE FOR JANUARY 12
3 AND 26,1999; REGULAR COUNCIL FOR JANUARY 26,1999; SPECIAL
4 COUNCIL FOR DECEMBER 15,1998; BOARD OF HEALTH FOR SEPTEMBER 8
5 AND NOVEMBER 17, 1998
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7 Imhof moved approval of the minutes.
9 Hoag stated that there are some typos, which will be considered scrivener errors and will
10 be corrected.
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12 Motion carried unanimously.
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14 OPEN SESSION
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16 The following persons addressed the Council:
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18 Kathy Keena, Attorney with Simonarson, Visser, Zender, & Thursston, 1700 D Street,
19 Bellingham, stated that she represents the Killiams, who have a request for a rezone that was
20 before the Planning Committee earlier in the day. She formally objected to the process followed
21 in committee today. The process violated the Killiam's procedural due process rights, especially
22 the right to notice of what transpired. The committee members were acting in a quasi-judicial
23 nature and they summarily denied the application submitted by her client. In doing so, there was
24 public comment that was received. There was public comment submitted prior to the hearing,
25 none of which was made known to her or her clients. When acting in a quasi-judicial nature, the
26 applicant should have a right to notice that those things will be considered.
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28 Sutter explained that it was not a quasi-judicial matter. They had no obligation to hear
29 from the public at the committee meeting. The issue will come back to the full Council for
30 decision, however it has been held in committee for two weeks. The only thing that the
31 committee does is make a recommendation to the full Council. The recommendation that was
32 made by the Planning Committee will come before the full Council in two weeks, for the full
33 Council to make the determination.
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35 Keena stated that, in making that determination, they were taking evidence and people
36 were allowed to speak. The committee meeting was held in the manner of a public hearing. It
37 was handled in a quasi-judicial manner. They ruled that there were not changed circumstances
38 and would not recommend it to the full Council.
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40 Sutter stated that there are still four other Council members that have to vote on it.
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42 Keena stated that, with procedural due process requirements, they should have been given
43 notice of that hearing.
44
Regular County Council Meeting, 2/23/99, Page 2
I Sutter questioned Karen Frakes about whether the Council or a committee must have a
2 public hearing to docket items on the Planning Commission agenda.
3
4 Karen Frakes, Senior Civil Deputy Prosecutor, stated that they are not. She will look into
5 some of the issues and report back in two weeks.
6
7 Keena stated that the ordinances are void of this process being set out, that the Planning
8 and Development Committee makes this recommendation to the full Council.
9
10 Hoag explained that the public is always allowed to speak during committee meetings.
11 That gives an opportunity for proponents and opponents to provide information to the committee
12 members. She was not denied anything. This is not an item that goes straight to the Planning
13 Commission. It goes to the County Council first, for their approval. The committee looks at the
14 item and determines whether this is an item on which they want to spend time and money and
15 whether it matches Comprehensive Plan and other policies. The Council just dealt with this
16 issue last year.
17
18 Brenner explained that the committee was not acting in a quasi-judicial manner. They
19 prefer to let people speak. They were not preventing anyone from doing anything. When the
20 Council acts in a quasi-judicial manner, they are very certain of that and handle things
21 differently.
22
23 OTHER ITEMS
24
25 1. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 9.32
26 UNLAWFUL DISCHARGE OF FIREARMS (AB99 -040)
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28 Brenner reported for the Public Works Committee and stated that this item was held in
29 committee.
30
31 2. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING
32 AMENDMENTS (AB99 -074)
33
34 Sutter reported for the Planning and Development Committee and stated that there were
35 two issues before the committee. One was a presentation regarding the Agricultural
36 Protection Overlay (APO) and the Land Evaluation Site Assessment (LESA) soils criteria
37 (AB99 -083). The staff has been working on developing new criteria and language for the opting
38 out of the APO zoning requirements. That will come forward later for docketing on the Planning
39 Commission agenda for text amendments.
40
41 Sutter continued to state that the resolution before the full Council will be held in
42 committee for two weeks.
43
Regular County Council Meeting, 2/23/99, Page 3
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Nelson spoke about the Finance Committee's discussion regarding the United States
2000 Census (AB99 -084). The discussion regarded the Council working with the administration
to develop a count committee. There were concerns about the 1990 census not being accurate
Dawson questioned whether there was interest in a presentation before the Council.
The Council concurred that they would like a presentation.
3. APPOINTMENT OF WILLIAM L. GOFF AND RICHARD WILSON NEILY TO THE
DRAYTON HARBOR SHELLFISH PROTECTION DISTRICT ADVISORY
COMMITTEE (AB99 -063)
Imhof moved to approve by acclamation.
Motion carried unanimously.
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT FRED
FRAGNER TO FILL A VACANCY, KENNETH W. HALOWI AND JANET
MCCRARY TO A FIRST TERM, AND REAPPOINT LIZ SMITH TO THE
DEVELOPMENTAL DISABILITIES ADVISORY BOARD (AB99 -085)
Brenner moved to approve by acclamation.
Brenner stated that they have been without board members for quite a while. The
committee meeting time will be changed from noon to 5:00 p.m., which will make it easier for
people to attend the meetings. The meetings are held at the Forest Street Annex office.
Chuck Benjamin, Health and Human Services Director, stated that another advantage of
department consolidation is that members of one board can serve on another board when their
term limit expires. The effect of this is that the boards have cross training and experience
between advisory boards. This will assist in joint efforts down the road.
Dawson questioned whether the meetings have an open session so that people can
address the board. Benjamin stated that they do.
Motion carried unanimously.
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT MARY ELLEN
SHIELDS, M.D. AND JOHN WORLUND, P.E. TO FILL VACANCIES ON THE
PUBLIC HEALTH ADVISORY BOARD (AB99 -086)
Nelson moved to approve by acclamation.
Motion carried unanimously.
Regular County Council Meeting, 2/23/99, Page 4
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INTRODUCTION ITEMS
Nelson moved to accept the introduction items.
Motion carried unanimously.
1. ORDINANCE ADOPTING COMPREHENSIVE PLAN DESIGNATIONS AND
ZONING FOR THOSE FEE LANDS WITHIN THE LUMMI RESERVATION (AB99 -
087)
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP
FROM RURAL FIVE ACRES (R5A) TO LIGHT IMPACT INDUSTRIAL (LII) FOR
APPROXIMATELY 23.5 ACRES IN THE CHERRY POINT - FERNDALE SUBAREA
(AB99 -088)
3. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCTS
(AB99 -089)
4. ORDINANCE AMENDING THE WHATCOM COUNTY CHARTER, TO BE
SUBMITTED TO THE PEOPLE, REGARDING THE LEGISLATIVE BRANCH OF
GOVERNMENT (AB99 -090)
5. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON
PLS92 -0010 (CEDAR HILLS WEST PRELIMINARY PLAT APPROVAL FOR
PROPOSED SUBDIVISION) FILED BY LOIS GARLICK, PRESIDENT, ON BEHALF
OF THE CLEAN WATER ALLIANCE/WATERSHED DEFENSE FUND, PAGE
LOEB, BRAD REYNOLDS, AND SHERILYN WELLS (AB98 -044)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Sutter reported that she went to meeting at Bloedel Donovan Park regarding the citizen's
initiative to purchase land in the Lake Whatcom watershed. It was very interesting and
informative. While this is not a fix -all for the watershed problem, it is an important piece of the
puzzle.
Hoag reported that, during the Natural Resources Committee, they had an update on
Drayton Harbor Shellfish Protection District issues and activities and discussion regarding
sewage overflow (AB99 -091). She will write letters to the State Department of Ecology and the
City of Blaine regarding the enforcement and follow -up.
Hoag also announced that she and Dawson went to Olympia recently and met with the
State legislators and the Association of Counties Legislative Steering Committee. She suggested
that the Whatcom County Council have a person go to the legislative steering committee
meetings and report back to Council on a rotating basis.
Regular County Council Meeting, 2/23/99, Page 5
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Dawson stated that there is a Washington State Association of Counties (WSAC) meeting
on April 1 and 2 in Mount Vernon. Some of the counties have two or more people on the
legislative steering committee, but Whatcom County doesn't.
Imhof stated that he is actually a member of the legislative steering committee. He can't
go every other week during the legislative session.
Brown stated that the Public Works and Capital Projects Committee held a discussion
regarding the possible purchase of 40 acres of old growth (AB99 -092). The actual acreage
was closer to 50 acres. There was a recommendation to the administration to go forward with
that item.
Brown also stated that the April meeting of WSAC is something that the Council needs to
discuss.
Hoag stated again that the Council members should attend the Legislative Steering
Committee meetings on a rotating basis, even though they would not be allowed to vote. They
are not getting connected to what is going on in Olympia. Whatcom County is 39th out of 39
counties that receives back transportation money and other types of revenue.
Imhof stated that Whatcom County is so low on the list because they are part-time
Council members. They don't have the time to connect and work with the people to make those
decisions. The people of Whatcom County decided that is what they want.
Hoag stated that they could find a way to rotate the responsibilities. They may not be
able to sit at the table, but they could be present for the discussions.
Pete Kremen, County Executive, announced that former State Senator Barney Goltz is in
attendance.
F\ lard
The meeting adjourned at 7:29 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on Aril 7 , 1999.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Marlene Dawson, Council Chair
Regular County Council Meeting, 2/23/99, Page 6