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HomeMy WebLinkAboutCouncil January 12 19991 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 35 36 37 38 39 40 41 42 43 44 45 46 47 WHATCOM COUNTY COUNCIL Regular Council Meeting January 12, 1999 The meeting was called to order at 7:00 p.m. by Council Chair Robert Imhof in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Also Present: Absent: Kathy Sutter None Marlene Dawson L. Ward Nelson Connie Hoag Barbara Brenner Tom Brown ANNOUNCEMENTS Imhof announced that there was Discussion with Senior Deputy Prosecutor Daniel Gibson regarding pending litigation (AB99 -018) in Committee of the Whole executive session. Imhof also announced that that the Committee of the Whole discussed a Request for authorization for the Executive to enter into a contract between Whatcom County and Sally K. Yeager to purchase property on Lummi Island in the amount of $94,000 (AB99- 023). APPROVAL OF MINUTES APPROVAL OF MINUTES: COMMITTEE OF THE WHOLE — OCTOBER 27, 1998 AND NOVEMBER 24,1998; REGULAR COUNCIL — OCTOBER 27 AND NOVEMBER 10, 1998. Nelson moved approval of the minutes. Motion carried unanimously. Regular County Council Meeting, 1/12/99, Page 1 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 35 36 37 38 39 40 41 42 43 44 45 46 47 SPECIAL ORDER OF BUSINESS ANNUAL REORGANIZATION OF THE WHATCOM COUNTY COUNCIL (AB99- 021) Brenner proposed that the Chair position be one that rotates every month, in the interest of fairness. It wouldn't present a problem with staff. She would stay out of the rotation herself. That way, everyone could have a chance. She so moved. Brown stated that he understood the concept, but it there should be an ongoing continuity in dealing with community leaders. Hoag commended Brenner for coming up with a unique concept, however the responsibilities of the chair include more than running the meeting. There is so much behind - the- scenes work that goes on. Brenner stated that they've all chaired meetings. It would not be that difficult. Motion failed 1 -6 with Brenner in favor. Brown nominated Dawson for Chair. Nelson nominated himself. Dawson was appointed 5 -1 with Nelson opposed and Brenner abstaining. Dawson assumed the duties of the Chair. Dawson thanked the Council for their vote of confidence and Imhof for his work the last year. It requires a great deal of extra time and energy for which there is no compensation. Dawson opened nominations for Vice - Chair. Nelson nominated Brown. Dawson closed nominations. Brown was appointed unanimously. Dawson opened nominations for Executive Pro - Tempore. Nelson nominated Sutter. Dawson closed the nominations. Sutter was appointed unanimously. Regular County Council Meeting, 1/12/99, Page 2 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Dawson stated that she was willing to serve on committees if need be. Nelson stated that he would serve on Finance and Administrative Services Committee. Imhof stated that he would serve on Finance and Administrative Services if the time was rescheduled to 11:30 a.m. Brown volunteered to serve on Finance and Administrative Services. Nelson stated that he would volunteer for Natural Resources Committee. Dawson stated that Brown, Nelson, and Imhof have volunteered for Finance and Administrative Services Committee. She nominated the three by acclamation. Brown, Nelson, and Imhof were appointed unanimously by acclamation. Dawson stated that the three volunteers for Planning and Development Committee were Sutter, Hoag, and Brenner. Brown moved to appoint by acclamation Sutter, Hoag, and Brenner to Planning and Development Committee. Motion carried unanimously. Dawson stated that the three volunteers for Public Works and Capital Projects Committee were Brown and Brenner. There was no third volunteer. Dawson moved to the appointments to Natural Resources Committee. Dawson stated that the three volunteers for Natural Resources Committee were Hoag, Sutter, and Brown. Imhof moved to appoint by acclamation Hoag, Sutter, and Brown to Natural Resources Committee. Motion carried unanimously. Nelson volunteered to serve on the Public Works and Capital Projects Committee. Imhof moved to appoint by acclamation Nelson, Brenner, and Brown to the Public Works Committee. Motion carried unanimously. Imhof moved to appoint Brenner to the Bellingham International Airport Advisory Committee. Regular County Council Meeting, 1/12/99, Page 3 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Motion carried unanimously. Dawson stated that Sutter and Brown have volunteered for the two positions to the Council of Governments. Brown volunteered to be the alternate position to that board. Nelson moved to appoint by acclamation Sutter and Brown to the Council of Governments. Motion carried unanimously. Imhof moved to appoint Hoag to the Drayton Harbor Shellfish Protection District. Motion carried unanimously. Imhof moved to appoint Dawson to the Economic Development Council. Motion carried unanimously. Imhof moved to appoint Nelson to the Forestry Forum. Motion carried unanimously. Imhof moved to appoint Brenner and Nelson to the Health and Human Services Advisory Board, which includes Nelson's appointment to the Health Department Advisory Committee and the Substance Abuse Board and Brenner's appointment to the Developmental Disabilities and Mental Health Advisory Board. Hoag nominated Brenner to the Intergovernmental Tribal Relations Committee. Brenner withdrew her name. Dawson stated that there are two positions to be appointed to the Committee. Brenner and Sutter have volunteered. Imhof moved to appoint by acclamation Brenner and Sutter. Motion carried unanimously. Imhof moved to appoint Sutter to the LEOFF Board. Motion carried unanimously. Brown moved to appoint Nelson to the North Sound Regional Support Network. Regular County Council Meeting, 1/12/99, Page 4 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 35 36 37 38 39 40 41 42 43 44 45 46 Motion carried unanimously. Nelson moved to appoint Imhof to the Northwest Air Pollution Authority. Motion carried unanimously. Imhof moved to appoint Nelson to the Northwest Regional Council. Motion carried unanimously. Brown moved to appoint Hoag to the Opportunity Council. Motion carried unanimously. Imhof moved to appoint Brenner to the Public Defense Advisory Committee. Motion carried unanimously. Nelson moved to appoint Brown to the Solid Waste Advisory Board. Motion carried unanimously. Brown moved to appoint Dawson to the Whatcom Transit Authority. Motion carried unanimously. OPEN SESSION Marion Beddill, 3600 Seeley, Bellingham, thanked Executive Kremen for declining to go forward with the contract for the Lake Whatcom Connector study. She also spoke about two meetings: 1) at WWU in Arntzen Hall at 7:00 p.m. for Lake Whatcom issues, and 2) on January 21St' initiating governments are asking for input on the Watershed Planning Unit. The time and place are as yet unannounced. This is supposed to be the first meeting to inform the public. Also, item #8 should be removed from the Consent Agenda and discussed it in detail. She recommended this be approved, but there should be discussion. They should ask the administration to include more substance to the proposal. They should add policy directives that give real results. Dick Gilda, Jensen Road, agreed with Executive Kremen's decision to not go forward with the contract for the Lake Whatcom Connector study. He suggested an alternate route for the Lake Whatcom Connector, which would come out from Gate 13 in Sudden Valley to the Galbraith Road. This proposal was brought forward in the early 1990's. The County already owns roads along much of the route. Logging roads have been used in the area. There is one of two ways to pay for it. The first is to put together a series of volunteers that live in the area and know the area. The second is to put out a bid for the design and building. Regular County Council Meeting, 1/12/99, Page 5 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 35 36 37 38 39 40 41 42 43 44 45 46 47 Brenner suggested Gilda give the information to Jeff Monsen, Public Works Director, for review and possible forwarding to the Public Works Committee. Brown stated that they could get an initial idea from Public Works. He questioned the highest elevation on the area. Gilda stated that he thought it might be approximately 1,000 — 1,500 feet. Brenner questioned whether the roads he outlined are already existing. Gilda stated that some are. Some are just platted. Some are existing logging roads. Dawson asked Gilda to provide the information to Monsen for his review. Sutter stated that one of the items proposed in the Lake Whatcom Study is to look at traffic revisions to redirect traffic away from the lakeshore. Perhaps this should be a part of that evaluation. Rita Foley, S. Lake Whatcom, objected to Gilda's proposal. There have been violations in the watershed. The County has allowed four mansions to be built in a wetland and marshland. All anyone does is talk. She was concerned about construction in the watershed. They should try to protect the Lake for other people's benefit. She questioned where the animals will go when they are forced out. Donna Clark, 1041 Coronado Street, Bellingham, stated that the Connector is necessary to ease the burden on Lakeway. They are no longer talking about Sudden Valley. They need to deal with the problem now, or it will cost more. She first petitioned for this road in 1971 at a cost of $1 million. The longer it is put off, the more regulations there will be. Lakeway and North Shore have become so busy that there are safety issues. Ann McBride, 5572 Guide Meridian, spoke to the guardian ad litem system. There is a lack of an accountability and grievance procedure against a guardian ad litem (GAL). They are contracted by the County to act as the eyes and ears of the court, and in the best interest of the children in divorce and custody cases. In November 1996, complaints against a guardian ad litem were sent to N.F. Jackson, Superior Court Clerk, through the Attorney General's office. There is no funding for a grievance procedure. She asked that the issue be put into committee to consider Franklin County's current policy. They have created a panel, separate from the court, to hear a grievance in a fair and impartial way. The panel is staffed with three professional volunteers, with alternates. Hoag questioned whether the complaints from November 1996 were regarding one particular GAL. McBride stated that it was about one particular GAL. He still may be currently in the system. Brenner stated that she has received complaints and would like it to go into committee. Imhof stated that they could pull that information from the Municipal Research Service. (Clerk's Note: End of tape one, side A) Regular County Council Meeting, 1/12/99, Page 6 1 2 Brad Reynolds, 1321 Oriental Avenue, spoke against the Lake Whatcom Connector. 3 There is a huge traffic problem. He favored investing more money into purchasing buses for 4 mass transportation rather than building more roads. They need to encourage people to get out 5 of their cars and utilize mass transportation. 6 7 Dawson said that she would take the issue to the WTA. 8 9 Brenner stated that she was told that the bus service to Sudden Valley and that area has 10 been cut back. Dawson stated that it has been because the numbers are down. 11 12 Brenner suggested more frequent shuttle buses. 13 14 Reynolds stated that it may have something to do with union dues and drivers not willing 15 to give up their pay for driving smaller vehicles. He has heard that the drivers' union has 16 something to do with keeping those larger buses on the road, even though they are not as 17 effective. 18 19 Sutter suggested that anyone with those kinds of ideas bring them to Dawson so that she 20 may bring them to the WTA. 21 22 Robin Dexter, Purse Seine Vessel Owners, stated that rider -ship of transit is down, 23 however building more roads is not the right answer. It prevents rider -ship from increasing. 24 There should be a mechanism to compel people to compromise on the issue. The Hearing 25 Examiner's decision on the Cedar Hills West case was based in part on traffic issues. County 26 staff said that levels of service on Lakeway were adequate to handle another 91 units. There is 27 more to this than just a quick decision. If levels of service will allow those vested developments 28 to continue to go on, then the logic of the connector isn't compelling. What happens in the 29 future is something that needs to be studied before peoples' positions get too hard and fast. 30 31 Suzanne Magnusson, P.O. Box 3265, Blaine, agreed with McBride's proposal regarding 32 the guardian ad litem program. The problem doesn't end with only having the GAL program 33 overhauled. The complaints forwarded to Jackson in November of 1996 were very serious 34 concerns regarding the safety of children. She was one of the complainants. The Superior 35 Court's response was to have a private meeting with the particular guardian ad litem. The 36 County hired an attorney to go after one of the women that issued a complaint. There were more 37 complaints on the same GAL in 1997. In the summer of 1998, she filed the same complaint with 38 Superior Court. The Clerk's first response was an attempt to reject the filing. He filed and 39 sealed it before there was a hearing to determine whether or not it was to be sealed. The 40 document was sealed by the three individuals named in the complaint. She requested that the 41 issue is put into committee and a procedure is developed independent from the court. 42 43 Dawson asked her to make sure we have her phone number. 44 45 Brenner requested that Magnusson provide the complaint packet to the Clerk. 46 Regular County Council Meeting, 1/12/99, Page 7 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 35 36 37 38 39 40 41 42 43 44 Mary Petty, 2613 Peabody Street, Bellingham, stated that the reason people don't ride the buses is because they are not convenient. The bus at the ferry terminal leaves five minutes before the ferry arrives. The buses that leave Sudden Valley leave at either 6:45 or 8:15 a.m. Arrival times need to match work hours. Many people prefer to ride the buses, but they are not convenient. There is no public transportation to the airport. Traffic signals at the freeway on the Guide Meridian are set too long in order to intentionally clog traffic. CONSENT AGENDA Imhof moved to approve items 1 -13. Hoag continued discussion regarding WTA and questioned whether the WTA board has citizens. Dawson stated that it did. She suggested that anyone interested attend the citizens' meetings. County Executive Pete Kremen invited Petty to attend the next WTA Board meeting to address her concerns. Dawson stated that she would also take Petty's concerns to the WTA Board meeting. Brenner stated that she would like to see the County Council take a formal position on this issue. Dawson stated that she would request WTA to make a presentation before the Council. Hoag requested that items 7, 8, 9, and 11 be pulled from the Consent Agenda. Imhof moved to amend item #1 to include additional requests by Brenner in the amount of $138 for CareerTrack seminars and by Imhof in the amount of $149 for a Fred Pryor seminar. Motion to amend #1 carried unanimously. Nelson noted that the amount in #3 had been changed, for a total of $41,975 to ensure the language is the same on packet pages 99 and 102. Motion to approve items 1 - 6, 10, 12, and 13 carried unanimously. 1. REQUEST AUTHORIZATION FOR PAYMENT OF COUNCIL MEMBER TRAVEL AND /OR EXPENSES (AB99 -022) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND CATHOLIC COMMUNITY SERVICES TO PROVIDE RESPITE AND RELIEF CARE FOR CHILDREN IN FAMILIES OF MENTALLY ILL Regular County Council Meeting, 1/12/99, Page 8 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 35 36 37 38 39 40 41 42 43 44 45 CLIENTS, IN THE AMOUNT OF $28,810 (AB99 -024) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND SUN COMMUNITY SERVICES TO PROVIDE SHORT TERM, TRANSITIONAL HOUSING FOR EMERGENCY NEEDS OF MENTAL HEALTH CONSUMERS, IN THE AMOUNT OF $41,975 (AB99 -025) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND LAKE WHATCOM RESIDENTIAL CENTER TO PROVIDE SUPPORTED LIVING SERVICES FOR CHRONICALLY MENTALLY ILL CLIENTS, IN THE AMOUNT OF $71,650 (AB99 -026) 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND WHATCOM COUNSELING AND PSYCHIATRIC CLINIC TO PROVIDE A VARIETY OF MENTAL HEALTH SERVICES, INCLUDING SUPPORTED LIVING SERVICES, COMMUNITY SUPPORT FOR OLDER ADULTS AND JAIL MENTAL HEALTH CASE MANAGEMENT, IN AN AMOUNT NOT TO EXCEED $204,800 (AB99 -027) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND ST. JOSEPH HOSPITAL RECOVERY CENTER TO PROVIDE SUBSTANCE ABUSE ASSESSMENT AND TREATMENT FOR INDIGENT AND LOW - INCOME CLIENTS IN WHATCOM COUNTY, IN THE AMOUNT OF $100,749 (AB99 -028) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY HEALTH AND HUMAN SERVICES AND THE CITY OF BELLINGHAM FOR THE CITY TO PROVIDE FUNDS FOR THE ALCOHOL PROTECTIVE CUSTODY PROGRAM AND SUBSTANCE ABUSE TREATMENT COSTS, IN A TOTAL AMOUNT OF $53,600 (AB99 -029) Hoag questioned Health Department Director Chuck Benjamin about the changes between the 1998 and 1999 amounts. John Hooper, Health and Human Services Department Human Services Manager, explained that it is approximately a 3% increase. The 1998 amount was $41,400. They also received the liquor tax money of $11,500. It has always been given to the County, but never actually been put into a contract. This year, they decided to include it in the contract. It is the same dollar amount in 1998, for 2% of the liquor taxes. Regular County Council Meeting, 1/12/99, Page 9 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 35 36 37 38 39 40 41 42 43 44 45 Nelson moved to approve. Motion carried unanimously. 8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR CONSULTING SERVICES BETWEEN WHATCOM COUNTY AND ECONOMIC AND ENGINEERING SERVICES, INC. TO PROVIDE LAKE, STORMWATER, WATER QUALITY, WATERSHED, MODELING, ENGINEERING, REGULATORY COMPLIANCE, AND FINANCIAL SERVICES, IN THE AMOUNT OF $300,000 (AB99 -030) Hoag requested that this be put in Finance Committee for further discussion. Brown questioned the difference in amounts listed in the packet and the compensation. Jeff Monsen, Public Works Director, stated that the memo referred to $300,000 budget item from 1998. He did not refer to the contract, which is $250,000. The item should be revised to say $250,000 Hoag moved to hold the item in Finance and Administrative Services Committee. Monsen requested any questions be brought forward prior to the committee meeting, so they can prepare and present the answers to those questions in committee. Nelson stated that it is appropriate to have a presentation by staff, because it was advertised in the Council agenda. Dave Wareing, Deputy Administrator, stated that this item was on the Consent Agenda and would normally not have been discussed in the Council meeting. Nelson stated that it would have been discussed during a committee meeting. Wareing stated that staff is prepared to answer questions. Hoag stated that she preferred to hold it in committee. Motion to hold in committee carried unanimously. 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF SUMAS REGARDING ANNEXATION AND DEVELOPMENT OF PROPERTIES WITHIN THE SUMAS UGA (AB99 -031) Hoag expressed concern about cities annexing areas of the County that are revenue makers for the County. Compensation to the County should be more and for a longer period. Regular County Council Meeting, 1/12/99, Page 10 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 35 36 37 38 39 40 41 42 43 44 Brenner agreed with Hoag. They need to have better agreements lined up with future annexations. Imhof moved approval. Motion to approve carried unanimously. 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BY AND BETWEEN WHATCOM COUNTY, BELLINGHAM, BLAINE, EVERSON, FERNDALE, LYNDEN, NOOKSACK, SUMAS, AND THE PORT OF BELLINGHAM FOR THE PROVISION OF EMERGENCY MANAGEMENT SERVICES (AB99 -032) 11. RESOLUTION PURSUANT TO ESHB 2496 TO ESTABLISH THE AREA OF WHATCOM COUNTY FOR WHICH A HABITAT RESTORATION PROJECT LIST IS TO BE DEVELOPED AND TO DESIGNATE THE LEAD ENTITY RESPONSIBLE FOR SUBMITTING THE PROJECT LIST (AB99 -033) Dawson explained that there is a substitute resolution. Jeff Monsen, Public Works Director, stated that the substitute deals with the fact that administration believed that all of the entities would have approved the designation of a lead entity by this date. That has not happened with the City of Bellingham, Lummi Nation, or the Nooksack Tribe. He was given assurance that it was a procedural issue and they would be coming forward. That is why the language was amended. Dawson stated that she was impressed with the Governor's scientific panel that he plans to develop. They will develop sound criteria for establishing the fish runs and they have a sound selection process. Nelson moved approval of the substitute resolution despite the fact that they don't have the City of Bellingham or the Tribes. There was a lot of pressure during the budget process to fund the programs. A lot of that pressure came from the City and the Tribes. Hoag suggested putting the issue off until the other entities agree that the County becomes the lead agency. Dawson stated that they would not be lead unless they sign on. They would not be putting the cart before the horse because it just says that they plan on it, which they do. Hoag stated that they are resolving the County be the lead entity when they don't have all of the initiating governments making that commitment. Regular County Council Meeting, 1/12/99, Page 11 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 35 36 37 38 39 40 41 42 43 44 45 Brown concurred with Hoag. Language says that the County has been so designated by the various entities. Monsen stated that it could be adopted this evening based upon verbal assurance from the three entities that they will proceed. Up until receiving that verbal assurance, he would have requested that the item be pulled for those reasons. There is no critical issue to it being adopted now or in two weeks, that he is aware of. Brenner stated that if it is not critical, then they should wait, for proper protocol. Hoag questioned whether there were any grant opportunities that would be missed if the lead entity was not established immediately. Monsen stated that the application deadline for the funding cycle is in March. Motion to approve failed 3 -4 with Nelson, Sutter, and Imhof in favor. This item will be scheduled in committee on the next agenda. 12. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PROPERTY TAX REFUNDS PURSUANT TO RCW 84.69.020, IN THE AMOUNT OF $243,663.42 (AB99 -034) 13. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES AS PRESENTED ON EXHIBIT A BY THE COUNTY TREASURER AND THE COUNTY AUDITOR, PURSUANT TO RCW 84.56.240, IN THE AMOUNT OF $4,575.70 (AB99 -035) OTHER ITEMS 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND SALLY K. YEAGER TO PURCHASE PROPERTY ON LUMMI ISLAND IN THE AMOUNT OF $94,000 (AB99 -023) Imhof moved approval. Motion carried unanimously. 2. ORDINANCE ADOPTING COMPREHENSIVE PLAN DESIGNATIONS AND ZONING FOR THOSE FEE LANDS WITHIN THE LUMMI RESERVATION (AB99 - 036) Sylvia Goodwin, Planning and Development Services Planning Manager, stated that it is an emergency ordinance. The Council, at the last meeting, requested that staff come back with permanent zoning for the Lummi Reservation. They came up with four options for the permanent zoning. At this time, all of those options are different from the existing zoning. Regular County Council Meeting, 1/12/99, Page 12 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 35 36 37 38 39 40 41 42 43 44 45 Planning staff recommends that the Council not adopt permanent zoning at this time, but send the permanent ordinance to Planning Commission within the next 30 days for a public hearing. They should adopt the ordinance to extend the interim for 60 more days. Nelson moved to adopt the emergency ordinance and forward to Planning Commission for a public hearing. Motion to adopt carried unanimously. 2. EMERGENCY ORDINANCE ADOPTING COMPREHENSIVE PLAN DESIGNATIONS AND ZONING FOR THOSE FEES LANDS WITHIN THE MT. BAKER/SNOQUALMIE NATIONAL FOREST (AB99 -037) Nelson moved to adopt the emergency ordinance and forward to Planning Commission for a public hearing. Sutter questioned why they would need to extend the emergency on this item and whether it is ready for adoption. Sylvia Goodwin, Planning and Development Services Planning Manager, stated that this is ready for adoption. It is adopting permanent zoning. It has to be an emergency because it still has to have a public hearing. Planning Commission would have a hearing at the same time. Motion to adopt carried unanimously. 3. REQUEST COUNCIL CONFIRMATION FOR EXECUTIVE TO APPOINT DEBBRA ADAMS TO HER SECOND TERM, AND MARY KARRER AND JANET LUTZ- SMITH TO THEIR FIRST TERMS AS MEMBERS OF THE SUBSTANCE ABUSE ADVISORY BOARD (AB99 -038) Imhof moved approval. Motion carried unanimously. 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN APPLICATION FOR A LIQUOR LICENSE FOR THE NORTH BELLINGHAM TEXACO, 5309 GUIDE MERIDIAN, BELLINGHAM (AB99 -039) Imhof moved approval. Hoag questioned whether anyone in the neighborhood had anything to say about it. Nelson stated that notification goes to the neighbors, the State, the Sheriff, and other agencies. Regular County Council Meeting, 1/12/99, 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 35 36 37 38 39 40 41 42 43 44 45 Motion carried unanimously. INTRODUCTION ITEMS Imhof moved to accept the Introduction Items. Brenner stated that she requested reconsideration about the Infectious Waste Limits ordinance. She hadn't heard from any of the Council Members. She wanted to propose it be included with the Introduction Items. Imhof stated that one of the four people that originally voted the item down had to make a motion to reconsider. Nelson questioned whether the Resolution regarding the Treasurer's list of property tax refunds would be done. Dawson stated that was part of the Consent Agenda. Motion carried unanimously. 1. RECEIPT OF APPEAL OF THE HEARING EXAMINER'S DECISION OF FILE NO CUP98 -0031, FILED BY SHERILYN WELLS / WATERSHED DEFENSE FUND (AB98 -427) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 9.32 UNLAWFUL DISCHARGE OF FIREARMS (AB99 -040) 3. ORDINANCE AUTHORIZING A FAMILY COURT COMMISSIONER (AB99 -041) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Dawson stated that she would like public input on the Council meetings regarding proper protocol. She had come up with a form and would like Council members' input. She requested consensus to go forward with the item. Brenner stated that she was conceptually in favor of the item. She appreciated letting people know what the structure of the meeting is and when they could comment. There was consensus to bring it forward at the next meeting. Brown spoke about the infectious waste issue and questioned that other Council members take a look at this and get out there and talk to people and be informed. If the Council doesn't handle it, it will go through on an initiative. What is approved through the initiative process may not be in everyone's best interest. Regular County Council Meeting, 1/12/99, Page 14 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 35 36 37 38 39 40 41 42 43 44 45 Brenner spoke about a resolution written by Marian Beddill regarding Treaty Day. It is a positive outreach to inform people about the history with the area tribes. It is a positive step to work with the Tribes in the future. She read the resolution into the record. Brenner moved to approve the resolution. (Clerk's Note: End of tape one, side B) Nelson questioned whether they want to approve a resolution that is not factual. The Nooksack Tribe was not present at the Point Elliot Treaty when it was signed. They did later become a part of the Treaty. They are not part of the Salish Tribes. The wording infers that they signed on from the beginning. Dawson suggested that they correct the errors and bring it forward with agreement from the Tribes. Sutter stated that it is fine the way it is. All that it says is that the Point Elliot Treaty established the government -to- government relationship. Motion to approve the resolution carried unanimously. Executive Kremen thanked the Council for approving the resolution. On the evening of January 14th' there is a Governor's Commission on early learning with a reception prior to the meeting at 4:30 p.m. at the Children's Museum. The co- Chairs are Melinda Gates and Mona Locke. It is an opportunity to discuss issues pertaining to Whatcom County children and to meet Mrs. Gates and Mrs. Locke. The main meeting is at Whatcom Community College. The reception is from 4:30 p.m. to 5:30 p.m. That is the same evening as the meeting at Western Washington University regarding Lake Whatcom issues, which scheduled for 7:00 p.m. ADJOURN The meeting was adjourned at 8:40 p.m. Jill Nixon, Minutes Transcription These minutes were approved by Council on March 9 1999. ATTEST: Dana Brown - Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marlene Dawson, Council Chair Regular County Council Meeting, 1/12/99, Page 15