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WHATCOM COUNTY COUNCIL
Regular Council Meeting
January 26, 1999
The meeting was called to order at 7:10 p.m. by Marlene Dawson, Council Chair, in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Kathy Sutter
Robert Imhof
L. Ward Nelson
Connie Hoag
Tom Brown
ANNOUNCEMENTS
Dawson announced that, during Committee of the Whole, there was an update from
Whatcom County Water Resource Planner Sue Blake on Lake Whatcom management and
discussion of the resolution adopting the 1999 Lake Whatcom Management Program
(AB99 -056) and an update from Whatcom County Public Works Director Jeff Monsen
regarding salmon recovery efforts (AB99 -055)
SPECIAL ORDER OF BUSINESS
COUNCIL TO APPOINT ONE MEMBER TO CANVASS THE REGULAR, SPECIAL,
AND QUESTIONED ABSENTEE BALLOTS FROM THE SPECIAL PRIMARY
ELECTION TO BE HELD ON FEBRUARY 2, 1999. THE CANVASS WILL BE
HELD ON FEBRUARY 10 AT 9:00 A.M. AND FEBRUARY 12 AT 2:00 P.M. (IF
NECESSARY, AN ADDITIONAL MEETING WILL BE HELD ON FEBRUARY 11
AT 9:00 A.M.)
Imhof volunteered for February 10, 1999.
Sutter volunteered for February 12, 1999.
Hoag stated that the reason Council Member Brenner was going to be late to the meeting
was because her son was being inducted into the Ferndale National Honor Society.
OPEN SESSION
Don Flescher, 881 Bennett Road, questioned whether there will be discussion regarding
guns in parks. Dawson responded that was scheduled for a public hearing.
Marian Beddill, 3600 Seeley, Bellingham, stated that the Lake Whatcom Management
Plan is scheduled for discussion. Out of the 23 goals, virtually all of the funds and efforts are
going to only one goal, ignoring the other 22. That goal is the stormwater management plan. In
Regular County Council Meeting, 1/26/99, Page 1
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the plan and the related contract, there is a potential conflict of interest on the part of a
contractor. One of the indicated subcontractors was recently on the Water District #10 Board of
Directors and expressed concerns that were not consistent with protection of the Lake Whatcom
environment and water. She recommended that the Council either direct the contract to decline
the services of the individual as a consultant, or make sure that public involvement is very open
and carefully followed. There have been numerous statements by Council members and staff
regarding plans and programs for the justification of building more homes, sewer systems, and
roadways in the Lake Whatcom watershed. In spite of those actions, there have not been
statements that explain or indicate the actions to be taken to protect the Lake Whatcom water
quality when those construction activities and development activities take place. She requested
policy statements that justify, when the Lake Whatcom water quality has been lost, what will be
the source of drinking water for the City of Bellingham and where the money would come from
to reverse the low water quality of the Lake. More roadways mean more homes in the
watershed.
Sherilyn Wells, 1020 Geneva, Bellingham, echoed Beddill's comments. The stormwater
contract does not meet the criteria for a comprehensive environmental impact statement (EIS),
which is still missing for the Lake Whatcom watershed. There is an emphasis on ambient water
quality data, which is not recognized as being the most effective process for determining water
quality. This is clearly a public health issue, however the Public Health Officer is not mentioned
in the document. There is a bias towards structural stormwater controls. There is a redundancy
of investigation. The State Department of Ecology has established an oxygen deficit trend in the
lake. There is a conflict of interest that Beddill pointed out. She forwarded the contract to Dr.
Richard Horner, who is a stormwater expert. There is no description on dealing with the fact that
there is no genuine baseline data on Lake Whatcom water quality when it has not been
continually flushed for forty years with an exterior source of water.
Pete Kremen, County Executive, recognized three individuals of the community who
have worked on the Whatcom County Flood Control Advisory Committee. They are William
Harriman, Fred Nowicke, and Ladd Shumway.
CONSENT AGENDA
Nelson reported for Finance and Administrative Services Committee and moved approval
of items one through nine.
Brown removed item #6.
Motion to approve items 1 -5 and 7 -9 carried 6 -0 with Brenner absent.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BIDS FOR
VARIOUS STATE CONTRACTS FOR ROAD MAINTENANCE SUPPLIES TO
MORTON INTERNATIONAL FOR ROAD STRIPING PAINT IN THE
APPROXIMATE AMOUNT OF $250,000; TO POTTER INDUSTRIES FOR GLASS
BEADS FOR PAINT IN THE APPROXIMATE AMOUNT OF $50,000; TO WILBUR
ELLIS FOR HERBICIDES IN THE APPROXIMATE AMOUNT OF $65,000; AND TO
Regular County Council Meeting, 1/26/99, Page 2
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WHATCOM TIRE FOR TIRES IN THE APPROXIMATE AMOUNT OF $50,000
(AB99 -046)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD A BID, WITH
THE LOWEST RESPONSIVE BIDDER PRICE OBTAINED BY MULTNOMAH
COUNTY, TO WESTERN BUS SALES FOR THE PURCHASE OF A NEW
PRISONER TRANSPORT BUS, IN THE AMOUNT OF $115,245.75 (AB99 -047)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH DANIEL S. MCGREEVY FOR INDIGENT DEFENSE TO
PROVIDE CRIMINAL AND OTHER LEGAL SERVICES TO INDIGENTS, IN THE
AMOUNT OF $60 PER HOUR (AB99 -048)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH MATTHEW ELICH, WARREN J. PAGE, STARCK FOLLIS,
DAVID A. NELSON, JILL S. BERNSTEIN, AND MARILYN L MCLEAN,
INDIVIDUALLY, FOR INDIGENT DEFENSE TO PROVIDE CRIMINAL AND
OTHER LEGAL SERVICES TO INDIGENTS, IN THE AMOUNT OF $60 PER HOUR
(AB99 -049)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH ROBERT D. BUTLER FOR INDIGENT DEFENSE TO PROVIDE
CRIMINAL AND OTHER LEGAL SERVICES TO INDIGENTS, IN THE AMOUNT
OF $60 PER HOUR (AB99 -050)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH COLLEEN ROGERS, MARY ANN DAVIS, JAN CARLSON
(AKA " WHATCOM GUARDIAN AD LITEM SERVICES ") INDIVIDUALLY
AND /OR COLLECTIVELY, RESPECTIVELY, FOR THE PURPOSE OF PROVIDING
GUARDIAN AD LITEM SERVICES IN THE AMOUNT OF $45 PER HOUR; AND
LAUGHLAN CLARK IN THE AMOUNT OF $60 PER HOUR (AB99 -051)
Brown explained that the reason he cannot support this item at this time is because he
doesn't have enough information. He also referenced a letter from a judge saying that the
Council has no jurisdiction of the guardian ad litem program.
Nelson moved approval of the request.
Hoag questioned whether any complaints had been filed against the people in these
contracts.
Regular County Council Meeting, 1/26/99, Page 3
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Dave Wareing, Deputy Administrator, stated that there have not been any complaints
filed against these individuals. The person at the focus of the complaints is not one of these
contractors and has not been employed by the County for several years.
Motion to approve carried 5 -1 with Brown opposed and Brenner absent.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
WHATCOM CONSERVATION DISTRICT FOR IMPLEMENTATION OF THE
SHELLFISH CLOSURE RESPONSE STRATEGIES FOR DRAYTON HARBOR AND
PORTAGE BAY SHELLFISH PROTECTION DISTRICTS, IN THE
REIMBURSABLE AMOUNT OF $60,000 (AB99 -052)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM CHAMBER
OF COMMERCE AND INDUSTRY TO PROVIDE PROMOTIONAL AND
ADVERTISING SERVICES, IN THE AMOUNT OF $25,000 (AB99 -053)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM
VOLUNTEER CENTER TO PROVIDE PARTIAL FUNDING FOR THE PROVISION
OF VOLUNTEER SERVICES UPON REQUEST OF THE COUNTY, IN THE
AMOUNT OF $30,000 (AB99 -054)
PUBLIC HEARING
1. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 9.32
UNLAWFUL DISCHARGE OF FIREARMS (AB99 -040)
Roger DeSpain, Parks and Recreation Director, stated that the Parks and Recreation
Commission brought this ordinance forward. There are six reasons for this ordinance. There
used to be a policy in place in the 1980s regarding this issue. This policy needs to be added to
the County Code so that it has authority. They are concerned with the safety of visitors to the
parks and the Parks staff. Park managers are commissioned by the Sheriff's Department. They
do not carry a firearm. They are modeling what is being used at the State Parks and Recreation
Commission. Several Park staff members, the Civil Deputy Prosecutor, and a representative
from the State Department of Fish and Wildlife were present to answer questions.
Brown asked for clarification that this would not make possession of a firearm illegal, it
would make possession of a loaded firearm illegal.
Dawson questioned whether people with firearm permits usually carry them loaded.
Regular County Council Meeting, 1/26/99, Page 4
I Dave Grant, Senior Civil Deputy Prosecutor, stated that it does not prohibit the
2 possession of an unloaded firearm in the park, only the loaded ones. Exceptions are for law
3 enforcement officers, military personnel on assignment, or a security officer on assignment. A
4 person with a concealed weapons permit carrying a loaded weapon into the park would be
5 committing a misdemeanor.
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7 Brown asked for a definition of what is considered a loaded weapon. Imhof responded
8 that it is a cartridge in any portion of the firearm.
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10 Grant stated that the Council should note that they are talking about activity that is off the
11 park itself. For example, it is a misdemeanor to discharge a firearm so that the bullet is propelled
12 into the Park. Weapons also include bows and arrows or spears into the park.
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14 (Clerk's Note: Brenner arrived at 7:43 p.m)
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16 Dave Wareing, Deputy Administrator stated that it would be possible to add a phrase to
17 allow a person with a concealed weapons permit to have a loaded firearm in a park for their
18 safety. There are circumstances that would warrant a loaded, concealed firearm.
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20 Don Fletcher, 881 Bennett Road, Bellingham, stated that both he and his wife have
21 concealed weapons permit for their own protection. He was concerned that an attempt to lessen
22 the privilege of carrying a weapon would lead to other groups approaching the County Council
23 to try and limit their privileges.
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25 Jeff Howlett, 3605 Breckenridge Road, Nooksack, stated that he also has a concealed
26 weapons permit and occasionally carries a loaded weapon. They should not be concerned about
27 the weapon, but the behavior of the individual.
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29 Brenner questioned whether a bolt pistol was considered a concealed weapon. Howlett
30 responded that he did not know.
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32 Bob Harriman, 2284 E. Hemmi Road, Bellingham, represented the Borderline Bass and
33 Contenders. He also has a concealed weapons permit and wanted to ensure that the Plantation
34 Rifle Range and Tennant Lake parks would be exempt from this ordinance. He questioned
35 whether gun shows and civil war reenactments would be exempted also. He questioned whether
36 this would include trailheads. He suggested adding language, "...it is unlawful for any person to
37 possess a firearm with a cartridge in any portion of the firearm except muzzle - loading firearms
38 which are uncapped or unprimed." There is a muzzle - loading season for deer at Silver Lake
39 Park. It is used as a camp base for hunters and fisherman. This is similar language that the State
40 Department of Wildlife uses in their regulations for being unloaded in a vehicle.
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42 The Council, by consensus, allowed Harriman to continue speaking beyond his time.
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44 Harriman stated that signage would have to be installed in the parks.
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Regular County Council Meeting, 1/26/99, Page 5
I (Clerk's Note: End of tape one, side A)
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3 Harriman continued to state that the County ensure that there will always be enforcement
4 in the parks, since they are taking away an individuals ability to protect themselves. He also
5 suggested including language for protection.
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7 Brown stated that they need to determine whether this supercedes language in other
8 sections of the County Code.
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10 Ben Hinkle, 2582 North Shore Road, Bellingham, stated that this is just a foot in the door
11 to erode second amendment rights. He questioned the cause of this. He was unaware of any
12 increase of the discharge of firearms in County parks.
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14 Kurt Dessauer, 2690 Alderwood, Bellingham, urged the Council to table the issue for
15 more information.
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17 Dr. Lauren Brown, Everson, questioned why people who have a concealed weapons
18 permit can't pack a firearm in the park. Land designated as a County park is on the South Pass
19 Road, which is a hunting area. There has been no notification about not being able to pack a
20 firearm. They are needed for the protection from cougar and bear.
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22 Patrick Alesse, 4825 Alderson Road, Birch Bay, stated that a concealed weapons permit
23 is something to make people feel more secure. Limiting the use of carrying a hand gun does not
24 mean the end of government.
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26 Imhof moved to hold in Public Works Committee.
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28 Hoag spoke in favor of going into committee and then holding another public hearing.
29 She questioned the capitalization of the word "county" in reference to County parks. This would
30 ensure that the regulation would apply only to Whatcom County owned parks and not all parks in
31 the County.
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33 Brown stated that there is an increase of County parks' acreage. He was concerned about
34 people crossing County parks borders when hunting in the more remote areas. He questioned
35 whether any portion of the firearm could be loaded.
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37 Myron Hawkins, State Department of Wildlife, stated that under State law, a clip or
38 magazine can be loaded as long as it is not in the firearm or attached to the firearm.
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40 Grant stated that was their intent as the ordinance was drafted. They will work on the
41 language regarding the muzzle- loaders.
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43 Brenner stated that Whatcom County can only legislate the County's jurisdiction,
44 whether or not "county" is capitalized. She questioned whether it is always implied in County
45 ordinances that regulation is for Whatcom County.
Regular County Council Meeting, 1/26/99, Page 6
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Grant stated that it would be a good thing to capitalize the word.
Brenner questioned whether there is a rash of problems with loaded guns in the parks.
Mike Barnes, Silver Lake Park Manager, stated that there is not. He found raccoon
hunters in the park. At the time, there were not any laws to prevent that. They could write them
up for reckless endangerment, but in certain situations, that may not apply. He has taken
firearms from people who have discharged them in the public areas. He also found a loaded
handgun in one of the cabins that was left open. He was also concerned with people with
concealed weapons permits. This ordinance would enable him to address the issue of someone
displaying a loaded firearm in the park.
Brenner asked for clarification of the difference between reckless endangerment and the
intent of this ordinance.
Sutter stated that this type of law creates a new class of criminal and a new class of
victim. She would not go fishing or hiking in the woods without protection.
Brown stated that it is already illegal to discharge a firearm within the parks. The parks
do not have to post notification that other no- shooting zones have to post.
Dave Wareing, Deputy Administrator, stated that the attempt is by the Parks Department
to address the irresponsible individuals that go to the parks and creates a hazard to other people,
animals, or park property. He told of the people who brandish weapons in parks and cause fear
in others.
Brenner stated that the parks are huge. She was concerned about creating a law that
would require a lot of enforcement. Wareing stated that this will be used to make people behave
themselves that would otherwise act irresponsibly. The weapons that aren't seen won't be a
problem. The hunting would not be offensive to people. Reckless endangerment is a State
statute, not a County ordinance. It would apply if a person were shooting a firearm in a manner
to cause another person injury.
Motion to hold in Public Works Committee for four weeks carried unanimously.
OTHER ITEMS
1. 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 $250,000 (AB99 -030)
Regular County Council Meeting, 1/26/99, Page 7
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Nelson reported for Finance and Administrative Services Committee and moved approval
with the amount of $250,000.
Hoag stated that the item mentions a technical team, a Blue Ribbon Panel. She wanted to
see that panel is subject to approval by the Council's of the different jurisdictions that are
involved.
Hoag moved that the Bellingham City Council, Public Utility District (PUD), and County
Council approve of the panel.
Imhof stated that was an administrative function.
Brown stated that he would not support that.
Nelson stated that the Lake Whatcom Management Committee is an agreement between
the Executive, Mayor, and Water District #10 Commissioners. It is an executive function. The
Council funded it as requested by the Executive. They have put together the program that is
proposed for approval. It is their responsibility. The Council's responsibility is to support them
in this endeavor to provide stormwater protection to Lake Whatcom. The administrations have
worked out the details themselves.
Dave Wareing, Deputy Administrator, stated that it is the responsibility of the
administration to work with the other entities to ensure that this works right. The administration
desires Council input. If there are concerns, they encourage the concerns be provided so that
they can be appropriately addressed.
Hoag stated that she made the motion because the Blue Ribbon Panel would be providing
the scientific basis for the decisions that are being made. It is essential that all of the various
voices be heard. The Councils are to oversee policy. The members of the panel will affect
policy. She is not asking to appoint the members, only to approve the appointments.
Brown stated that Dr. Matthews' report is specified to be used. He questioned whether it
would be a conflict to put her on the panel.
Brenner suggested a friendly amendment to have the jurisdictions approve the panel, not
necessarily the Councils of the jurisdictions. Imhof stated that they are already doing that.
Motion to amend failed 1 -6 with Hoag in favor.
Sutter questioned whether they would wait until Phases I is completed before they would
begin Phase II. The early action plans in Phase II are to be completed by March, however Phase
I isn't completed until December.
Jeff Monsen, Public Works Director, responded that the intent of the contract is that they
would recommend actions at any time they have learned enough information to move on.
Regular County Council Meeting, 1/26/99, Page 8
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Brenner questioned whether they have any kind of protection in County contracts against
any contractors having a private interest that directly deals with what he or she is doing within
the contract. If there is a private interest, it should be made known. Monsen responded that he is
not aware of specific language. He believes that a State statute covers the issue. Anytime they
become aware of those kinds of conflicts, they make any appropriate adjustments. It is a practice
of how departments proceed, by looking at those types of issues.
Nelson suggested a kick -back clause.
Wareing stated that they would have to define what a conflict of interest would be.
Brenner stated that there is a definition of conflict of interest in State law and the
County's ethics ordinance. Wareing responded that they would have to review it to determine
whether it applied to a contractor doing work of this type. In some of these situations, there are
people from different interests. They are not comfortable with people of opposite interests being
involved. They will look into the issue.
Nelson disclosed that he lives in the Lake Whatcom watershed and he has an extensive
interest in protecting water quality in Lake Whatcom, and has no vested interest in any financial
or other gain.
Motion to approve carried unanimously.
2. 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)
Nelson reported for Finance and Administrative Services Committee and moved
approval.
Hoag asked if all of the signatures have been obtained.
Nelson stated that all signatures have been obtained except that of the Nooksack Tribe,
who has stated that they will sign.
Hoag thanked George Boggs, Whatcom Conservation District, for his hard work.
Motion to approve carried unanimously.
3. ORDINANCE AUTHORIZING A FAMILY COURT COMMISSIONER (AB99 -041)
Nelson reported for Finance and Administrative Services Committee and moved to adopt.
Regular County Council Meeting, 1/26/99, Page 9
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Brenner questioned whether this would be paid for with State money.
Nelson stated that the County has already received the money and has been approved
through the budget process.
Brenner questioned the funding for the following years.
Dave Wareing, Deputy Administrator, stated that they anticipate it being continued. If
not, then the County has the option to discontinue the position.
Motion to adopt carried unanimously.
4. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF
A PLANNED UNIT DEVELOPMENT, FILED BY FRANK MULJAT AND HILLSIDE
ASSOCIATES FOR "GOVERNOR ROAD" (AB99 -045)
Sutter reported for Planning and Development Committee and moved approval.
Hoag stated that the committee recommended that Public Works Engineering Division
and the applicant work together to help reduce impervious surfaces in various ways.
Motion carried unanimously.
Sutter mentioned that the Central Road issue has been held in committee to answer some
legal and process questions in regard to that rezone request.
5. RESOLUTION ADOPTING THE 1999 LAKE WHATCOM MANAGEMENT
PROGRAM (AB99 -056)
Nelson moved approval of the resolution and questioned other jurisdictions' perceptions
on the issue of transfers of development rights (TDR).
Sue Blake, Planning and Development Services Water Resources Planner, responded that
TDR is still a part of the program. The Planning Commission will be looking at the issue again
in March. A program for receiving areas has been set up jointly with the City of Bellingham.
Those areas have been identified. She hoped a program for TDR would be passed, and at the end
of the year they would review how much action would have happened.
Nelson questioned whether there has been a discussion on placing a waste disposal site in
the watershed so that people in the watershed have easy access to getting rid of their waste
materials to get it out of the watershed area. Blake stated that goals five and six look at
hazardous materials. They would look and see what currently exists and if there are any gaps
such as this, they can be addressed.
Regular County Council Meeting, 1/26/99, Page 10
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Hoag stated that funds were not listed in the handouts. She questioned what goal 16
would entail and how it was meant to prevent discharge of hazardous materials. Blake stated
that they will be bringing forward draft work on these types of items. She agreed that the goal is
confusing. It was written and adopted in 1992. It was re- interpreted to not deal specifically with
hazardous materials. They are asking the Council to approve the task, not the goal. The goals
have already been adopted in 1992 jointly by the City of Bellingham, Water District #10, and
Whatcom County.
Brenner suggested that the major ways to resolve goal 7 are not providing doggy waste
disposal bags and port-o- potties. They need to limit the use of certain kinds of fertilizers and
other similar activities. Nutrient loading is a bigger issue.
(Clerk's Note: End of tape one, side B.)
Brown stated that he studied one case of nutrient loading in the City of Chicago that was
caused by dog waste.
Hoag moved to include a sentence to goal 12, "To promote less impervious surfaces in the
watershed."
Imhof stated that these types of changes should be brought up during a joint session with
the other jurisdictions.
Blake stated that they are looking at issues such as roads within the land use section.
Those are being looked at right now.
Hoag stated that the Bellingham City Council made changes to this document the previous
evening. The whole point of bringing it up to the Council is to point out things they want done
differently.
Blake clarified that the City Council added a comment in the related information.
Hoag amended her amendment to insert it in the related information section.
Brown stated that these are items that should be discussed and decided jointly with the
other jurisdictions. That way the staff doesn't have to run back and forth trying to coordinate
these things.
Sutter stated that goal 13 addresses the issue of road standards. It specifies that impacts of
urbanization should be reduced.
Dave Wareing, Deputy Administrator, stated that there are non - specific point pollution
problems. Cleaning up multiple sources helps the nutrient level. He recommended cleaning up
the dog waste.
Regular County Council Meeting, 1/26/99, Page 11
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Hoag suggested that the mention to the Lake Whatcom Connector is very vague. She
preferred that they including language specifying the issue will be resolved and they will
determine whether it is a viable option and its possible impacts on the watershed. That language
is clearer.
Wareing stated that they can attach that as a notation from the Council for consideration.
Dawson announced that there was a consensus to include that concern.
Motion to approve the resolution carried unanimously.
6. APPOINTMENT TO THE PORTAGE BAY SHELLFISH PROTECTION DISTRICT
(AB98 -157B)
Nelson moved approval of the appointment.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT CHARLES A.
ALBERTSON TO HIS FIRST TERM AND TO REAPPOINT HY ROSENFELD TO
HIS SECOND FULL TERM AS A MEMBER OF THE WHATCOM COUNTY
MENTAL HEALTH ADVISORY BOARD (AB99 -057)
Brenner moved to appoint by acclamation.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT DANIEL G.
BILSON AND JOSSELYN B. WINSLOW TO THEIR FIRST FULL TERM OF
OFFICE TO THE NORTH SOUND REGIONAL SUPPORT NETWORK ADVISORY
BOARD (AB99 -058)
Nelson moved approval by acclamation.
Motion carried unanimously.
9. CONTINUATION OF THE JANUARY 12 COUNCIL DISCUSSION REGARDING
USE OF CITIZEN INFORMATION /COMMENT /SUGGESTION FORMS (AB99 -060)
Dawson stated that all the Council members have received the form. It invites the public
to attend the Council meetings. It clarifies that there are certain land use issues that are quasi -
judicial. It also provides an opportunity for the public to make comments and suggestions.
There will be a suggestion box in the back.
Regular County Council Meeting, 1/26/99, Page 12
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Sutter questioned why the sentences explaining the public hearing process should be
deleted. There are people that have never been to a public hearing, and that is who this is
addressed to.
Hoag would like 2 sentences struck. They are, "Comments should be concise, address a
specific issue being discussed, and provide facts and information that will assist the Council. It
is recommended that you familiarize yourself with the meeting agenda, so that you are aware of
the order in which your issue will be heard." The point of the letter was to make people feel
welcome and let them know how this works. Those two comments lecture people on how to
address the Council. It adds a negative tone.
Brenner agreed with Hoag and agreed that those sentences talk down to people. People
would be intimidated by some of the language. The form could just say, "Comments should
address the specific issue."
Sutter stated that it is important for a person to familiarize himself or herself with the
agenda.
Hoag moved adding language, "...limit their comments to three minutes pertinent to the
issue of the hearing." and to delete the two comments in the middle of the third paragraph.
Sutter offered a friendly amendment to not strike the entire second sentence, but amend it
to state, "It is recommended that you familiarize yourself with the meeting agenda
are aware of the order- in whieh your- issue will be heard—."
Hoag did not accept Sutter's friendly amendment.
Motion to amend carried 5 -2 with Sutter and Imhof opposed.
Sutter moved to amend by including a sentence at the end of the first paragraph that says,
"It is recommended that you familiarize yourself with the meeting agenda."
Motion to amend failed 2 -5 with Sutter and Imhof in favor.
Motion to approve as amended carried 6 -1 with Imhof opposed.
Brenner thanked Dawson for doing this.
INTRODUCTION ITEMS
Imhof moved to accept and add item #2.
Motion carried unanimously.
1. ORDINANCE REGARDING SUPPLEMENTAL BUDGET REQUEST #1 (AB99 -059)
Regular County Council Meeting, 1/26/99, Page 13
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ADDED:
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 2.75.030 OUTLINING
DUTIES OF THE PUBLIC WORKS DEPARTMENT AND ESTABLISHING WATER
RESOURCE FUND (AB99 -062)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Hoag stated that the Natural Resources Committee had a letter regarding forest
revenues impacted by the Endangered Species Act (ESA) (AB99 -065). They wrote a letter to
Dan Glickman, Secretary of the Department of Agriculture. It is supporting his proposal for "de-
coupling," which would freeze federal forest revenues at $1,340,000. That is the amount
received in 1997 and was used for schools and roads. They have also asked that this be tied to
the Consumer Price Index, so that they don't see this shrinking as a revenue base because of
inflation. There is also information regarding Whatcom County's economic stability, wages for
loggers, and forest roads providing access to citizens. The Natural Resources Committee
recommended approval from the full Council.
Hoag moved approval to send to Glickman.
Brenner moved to amend the last full paragraph to soften the language. She suggested,
"...are subject to the sometime erratic changes in the Endangered Species Act and our land base
is largely made up of federal lands." They don't need to talk about a congress "out of touch."
Hoag suggested a friendly amendment to change "erratic."
Dawson suggested voting for the intent and allowing Brenner and Hoag to work out the
language.
Motion to send letter carried unanimously.
Wareing stated that they have looked into the possibility of providing laptops to the
Council members. It is within the technology rental and revolve (TR &R) ability. They can be
provided within 30 days.
Dawson provided an evaluation form to critique the Council's activity. She suggested the
forms be turned into the Clerk of the Council to compile. Comments could be made
anonymously.
Nelson stated that the media and the public do evaluations on a regular basis.
Hoag questioned how often Dawson planned on doing the evaluations. Dawson
responded that it could be done annually.
Regular County Council Meeting, 1/26/99, Page 14
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Brenner stated that she was going to a conflict resolution workshop. She will try to find a
way to give constructive criticism to each other without killing each other.
Hoag stated that the Conservation District went through a conflict resolution program that
was very helpful. She encouraged the Council members to participate in this.
Imhof stated that he was in Olympia addressing the need for transportation money. The
outlook is grim for receiving State money. Out of $2.2 billion, the cities and counties will
receive approximately $170 million, or 8 %. A majority of the money will be focused between
Everett and Olympia, the I -90 corridor, and Spokane. He will keep everyone updated.
Dawson stated that she and Hoag are going to Olympia to speak with state legislators
about various issues.
Sutter stated that Jeff Monsen, Public Works Director, will be in Olympia on Friday to
address the Governor's salmon bill. It doesn't look good for the County. If they have
comments, then they should include suggestions for making it better.
Pete Kremen, County Executive, stated that he has spoken with State Representative
Kelli Linville and she is aware of how the Council feels regarding the Governor's salmon bill.
He encouraged contacting all the representatives. Also, he invited the Council to a reception in
the Council's honor. It will be held on Friday, February 19, 1999. The location has not yet been
decided.
ADJOURN
The meeting was adjourned at 9:20 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on _Februa . 23 , 1999.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
Regular County Council Meeting, 1/26/99, Page 15