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WHATCOM COUNTY COUNCIL
Regular County Council
September 28, 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:
Kathy Sutter
L. Ward Nelson
Connie Hoag
Barbara Brenner
Tom Brown
Robert Imhof
ANNOUNCEMENTS
Absent:
None
Dawson announced that there was an update regarding ongoing Lummi
water negotiations (AB99 -018) during Committee of the Whole.
Dawson announced there was also discussion with Senior Deputy
Prosecutor Randy Watts regarding pending litigation (AG99 -018) during
Committee of the Whole in executive session. Direction was given to staff.
SPECIAL PRESENTATION
1. SPECIAL PRESENTATION BY YVONNE GOLDSMITH REGARDING
CENSUS 2000 (AB99 -017)
Dawson stated she was with Goldsmith at a conference in Oregon on this
issue. She was impressed with Goldsmith's focus, energy, and dedication on this
issue. She was one of thirty applicants that was hired by the Council of
Governments. She is further ahead than other jurisdictions. People have been
trying to recruit her to the regional level because she has worked hard for the
community.
Regular County Council, 9/28/99, Page 1
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Yvonne Goldsmith, Census 2000, introduced Marta Guevera who agreed to
be the volunteer chairperson for the Spanish- speaking community. A packet of
information about a Complete County Committee was sent to the councilmembers.
All the jurisdictions in the county are participating with Complete Count
Committees. There are eight Complete Count Committees. Fifteen people from
Whatcom County went to Portland for this training. The count committee is to
increase the count so there is a more accurate count than there was ten years ago.
Ten years ago, the county was undercount by 2.4 percent of the population. Over
the course of ten years, the citizens of Whatcom County have missed out on $2.4
million in funds. On the whole for all the jurisdictions in Whatcom County, they lost
out on $5.6 million to spend on transportation, education, and medical items.
When a census count is taken, each person is worth $700 - $800 dollars. The state
disperses about $180 per person to the community. An undercount happens after
the census takes place. The census is April 1, 2000. They are hoping people will
return the census forms the first two weeks after they arrive. After the forms are
sent in and the census closes mid - April, a new crew hired by the United States
Census Bureau will track a certain number of homes to ask the same questions that
are on the questionnaire. Those answers will be complied and compared with the
answers that were mailed in. That is how they come up with the over count or the
under count. Each home that does not answer the questionnaire will be visited up
to six times by an enumerator hired by the U.S. Census Bureau. Hopefully in those
six visits, they will get the person to cooperate. After the six visits, the enumerator
will go to a neighboring home and ask the neighbors the questions. She would
rather the citizens of Whatcom County be educated by the Complete Count
Committees. When one answers the census form, it is totally ripped apart so each
piece of the identifying information is disposed of separately. Each enumerator
must read a statement that answers are kept confidential. No one has access to
the answers for 72 years, which is the lifespan of a person. After 72 years, those
answers are released. She read a statement into the record.
Dawson stated the census office is closed to the public, unless an
appointment is made beforehand.
Marta Guervas, Census 2000, read the same privacy statement into the
record in the Spanish language.
Goldsmith stated the goal with the Complete Count Committee is to get
elected officials and others to volunteer to talk to the community about the
importance of the census. She encouraged the County Councilmembers to
volunteer in a variety of different ways.
Regular County Council, 9/28/99, Page 2
I Brown stated the school district might have foreign language translators that
2 are available to volunteer.
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Goldsmith stated, in Whatcom County, there are approximately 31 different
languages spoken in the schools. Out of those 31 different languages, the school
districts are short on funds to hire the people to help translate for the children.
Parents think that, because the children are not taxpayers, they don't have to be
included on the forms. The census has a program in conjunction with Scholastic for
kindergarten through the twelfth grade. Kids will be taught all about census. The
schools will be sent a form the kids will take home notifying the parents of the
census. She submitted a copy of the very first census that happened in the United
States, from 1790. The original census takers were U.S. Marshals that went door
to door. The numbers on this form were totaled incorrectly, which shows that
mistakes can be made. There is a book that has all the proposed questions on the
short and the long forms. The short form will have six to eight questions. Five out
of six homes will receive the short form. The sixth home gets the long form, which
will have more than forty questions.
Brown asked how they are going to count the people that don't have a
mailing address, but who live in the out of way locations in the county. Goldsmith
stated they would be visited in person. For example, the City of Ferndale has post
office box delivery downtown. For those people, the post office gave the census the
physical addresses. A census worker will visit those people. The people that are
homeless will be visited by a special group of people that would wake them
between four a.m. and seven a.m. on one specific day. The same thing will happen
in the soup kitchens. They will do the same for nursing homes, gated
neighborhoods, universities, and marinas.
Brown stated there are many people that live out of the way that even the
Assessor can't find. Goldsmith stated they are hoping to convince those people to
come out and answer the forms.
Dawson stated the Asian community traditionally gets undercounted because
in the Asian communities, they find out the number of males for recruitment into
the military.
Nelson asked about duplication. Goldsmith stated forms will be scanned in
and it will produce a duplicate.
2. PROCLAMATION BY WHATCOM COUNTY EXECUTIVE PETE KREMEN
FOR THE PURPOSE OF DECLARING OCTOBER AS FIRE PREVENTION
MONTH AND OCTOBER 3 -9 AS FIRE PREVENTION WEEK (AB99 -017)
Regular County Council, 9/28/99, Page 3
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Pete Kremen, County Executive, read the proclamation into the record. He
presented Dave Hanson, President of the County Fire Commissioners, and Dave
Williams, Secretary /Treasurer of the Whatcom County Fire Commissioners, with a
framed proclamation for display.
Dave Williams, Secretary /Treasurer of the Whatcom County Fire
Commissioners, thanked everyone for their support. He will be providing an update
to the Council during open session on some of the issues regarding Growth
Management.
Kremen introduced the new Water Resource Coordinator, Dr. Bruce Roll, and
discussed Dr. Roll's background.
Dr. Bruce Roll spoke. He was drawn to Whatcom County because he wanted
a challenging job and to live in a community where he could make a change. He
has spent his life working in water and with various groups to come to a consensus
regarding quantity and quality issues. He looked forward to creating a new division
within the Public Works Department. It will be a division that will hopefully address
many of the watershed issues, the endangered species issues, as well as many of
the marine issues that are before Whatcom County.
OPEN SESSION
The following people spoke:
Cheryl Hershey, 1229 Roland Street, Bellingham, asked the County Council
to pass a resolution in opposition to I -696, which is known as the ban all nets
initiative. It does not ban all nets. It bans the non - native commercial fishing nets
used by the greatest portion of the commercial fishing industry. It exempts certain
nets that are used to catch the bait needed by sport fishermen. It also cannot ban
the nets used by the treaty fishermen. There are many in the native community
and many sport fishermen that are not supporting this initiative. This is an
initiative push by a small, vocal group of rabid sport fishermen. The way the laws
are now, I -696 does not save salmon. It reallocates them. The Boldt Decision
gave the native and non - native fisherman the right to catch equal amounts of the
harvestable fish population. Federal court rulings came up with the Foregone
Opportunity Clause, which means that if one group doesn't catch their portion, then
the other group can. It reallocates the fish from the non - native to the native
fishermen. The 1997 harvestable numbers show the Chinook and Coho are caught
in greater numbers by sport fisherman than non - native fisherman. The initiative
Regular County Council, 9/28/99, Page 4
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has a negative impact on this community and doesn't do any good. It takes the
emphasis off of what they need to be looking at, which are the four "H's," harvest,
habitat, hydroelectricity, and hatcheries. One group taking a stance against
another does no good.
Brenner asked if the title could legally be misleading.
Karen Frakes, Senior Civil Deputy Prosecutor, stated the title is supposed to
accurately reflect the substance.
Brown stated he would be abstaining from the vote because this is not the
place for elected officials to campaign for or against a specific issue.
Dawson stated it is proper for the councilmembers to act. It is a state
initiative. The council has a right to lobby the state.
Hoag asked for a legal opinion on whether the Council could lobby. Another
county commissioner told her they could not campaign in their position as
councilmembers.
Frakes stated she would look it up.
Nelson stated he has not read the initiative and the council would have to
look at all initiatives and their impacts on the community. People look to the
community leaders to make a decision.
Brown stated part of what was discussed with Frakes was that they have to
give the opposing people equal opportunity to speak.
Pete Kremen, County Executive, stated he believed the council as a body has
the authority to vote on the resolution, but they have to notify the public in
advance before they do so. He suggested they defer action on this resolution and
publicize it for the next council meeting in two weeks. According to the public
disclosure law, they have to publish it because it is a ballot issue.
Frakes stated Kremen was correct. It has to be advertised in an open
meeting because it is a ballot measure.
Dave Williams, 4563 Vining Road, Bellingham, stated he spent a lot of time
addressing growth management, as it is related to fire service. There were issues
about working out an agreement between fire districts and the City of Bellingham
regarding the urban fringe boundaries. The short -term result was that, had they
Regular County Council, 9/28/99, Page 5
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lacked an agreement, it could have tied up the urban growth boundaries for the
county until litigation was resolved. It came down to the final wire. The County
Executive broke the stalemate. In addition, Whatcom County is well represented at
the state, local, and regional levels. Mayor Asmundson and Dave Hanson, Fire
District #2, both represent the county on the Governor's Accident Prevention and
Response Commission. The charge is to develop state policy guidelines that may or
may not be enacted through legislation to address issues the community faced with
the Olympic Pipeline explosion. There is representation for the Governor's
Emergency Medical Service and Trauma Steering Commission, by Dr. Marvin
Wayne, Whatcom Medic One Medical Director. Steve Hubbard, Hubbard Ambulance
Services Past President, sits on the Governor's Emergency Medical Service and
Trauma Steering Commission representing the Washington State Fire
Commissioners Association. Sometimes they hear bad news, but some good things
are happening as well. Whatcom County has state of the art leadership at the
regional and state levels. On behalf of Fire District #4 and the Whatcom County
Fire Commissioners' Association, he thanked the county for its support. They broke
ground on a new fire station last week.
(Clerk's Note: End of tape one, side A.)
Linnea Smith, 2808 Leeward Way, was concerned that if the County puts the
Lummi Tribal Employment Rights Ordinance (T.E.R.O.) ordinance into the contract,
it enters into a racial preference agreement with the tribe and would formally allow
the tribe to tax areas of fee lands and county properties, which are not subject to
tribal tax presently under state and federal laws. T.E.R.O. includes tribal
preference clauses, which no county or state should enter into. There is proposed
language in the Lummi Shore Road contract which says the ordinance would not
apply if contradictory to state law, this is not a guarantee of fairness. They only
have to look at the Portage Island contract. Also included in the T.E.R.O. ordinance
is the requirement that one percent of the cost of the project fee goes to the tribe.
For projects on tribal lands, this money is intended to be used for the operating
costs of the T.E.R.O. office. However, if the T.E.R.O. ordinance language is placed
in county road contracts, it leaves those not normally subject to tribal laws in a
position of having to pay tribal taxes at the instigation of, and with the blessing of,
the county. When county government officials put this kind of language in formal
county road contracts, they are denying due process recourse to people who should
not have to be subject to tribal ordinances. T.E.R.O. also states a contract shall be
let to the Indian firm that expresses an interest in the contract. Putting the
T.E.R.O. requirement in the contract is the county's responsibility. By doing so, the
county would knowingly require contractors to pay the one percent T.E.R.O. tax,
and that the subcontracting would be done under a racially preferential system.
Most contractors could not sue the tribe over application of the Lummi T.E.R.O.
Regular County Council, 9/28/99, Page 6
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taxing or racial preference policies. The county should not be putting such
requirements in their construction contracts. She asked the language be removed.
The language has been in the Lummi Shore Road project since its inception. It
needs to be addressed at this phase of the project. The contract also requires the
county to begin discussions that the Lummi Shore Road maintenance be transferred
to the tribe. She would rather see language included that the county will look into
the possibility of maintenance transfer so the county will not be required to do it
later.
Brenner stated Senior Civil Deputy Prosecutor Dan Gibson seemed to think
the County was not violating state law, since the T.E.R.O. ordinance pertained to
the subcontractor, not the contractor. She asked if the county could put items in
the contract that are contrary to state law.
Karen Frakes, Senior Civil Deputy Prosecutor, stated the provision says
T.E.R.O. will comply as long as it doesn't conflict with state law.
Brenner stated she was concerned about requiring a contractor to do
something that is against state law.
Frakes stated those contracts will come before the council. If the council
feels there is a conflict with the state law, the council can address them at that
time.
Dawson stated the contract with the contractors doesn't even mention the
language that exempts compliance that would be against state law.
Brown stated he called Mr. Gibson. He was looking at the fallout from I -200
and whether the state or county offices could impose requirements on a racial
basis. The answer he received was that this is federal money and federal
requirements are in place. They demand preference be given on this basis.
Federal employment requirements do have preferential requirements and are in all
of the contracts.
CONSENT AGENDA
Nelson reported for Finance and Administrative Services Committee and
moved approval of Consent Agenda Items one and two.
Brown removed item number one for discussion.
Motion to approve item number two carried unanimously.
Regular County Council, 9/28/99, Page 7
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I. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE
CHANGE ORDER NO. 2, BETWEEN WHATCOM COUNTY AND ELITE
ELECTRICAL, FOR ELECTRICAL INSTALLATION OF THE NEW
EMERGENCY GENERATOR AND A TRANSFER SWITCH WITH AN 800
AMP DISCONNECT, IN THE AMOUNT OF $10,490.03 FOR A TOTAL
CONTRACT AMOUNT OF $41,153.09 (AB99 -368)
Brown stated this item includes an additional amount for an emergency
generator and a transfer switch with an 800 amp disconnect. The council received
a memo on July 23 that specifically refers to a change order for transfer switch
installation in the amount of $10,000. The council voted on that during the budget
amendment at the last meeting. He questioned why they are doing this again.
Dewey Desler, Deputy Administrator, stated the original bid did not include
the installation of a transfer switch as well as the installation of the generator.
When the electricians discovered that, the administration began seeking the
transfer authority. The administration did not seek the budget authority for this at
the last meeting. The generator itself came in at over $30,000.
Brown stated the document specifies installation. Desler stated those were
the original estimates that were made. When the bids went out, they did not
include the technical requirements for the installation of the transfer switch or the
installation of the generator. It was in the proposal, but not in the contract
instruments that were distributed. They had to seek a change order.
Brown stated the administration originally sent out a bid for demolition in the
amount of $70,000. There was a second request of $160,000 that includes these
items.
Hoag stated the bid included onsite start up and testing, and shop
modifications, which means it would have to be installed.
Desler stated they voted on the budget authority, not the ability to modify
the contract. The facilities manager did not include in the contract the technical
requirements.
Imhof stated they allocated the money last week. This is not to allocate the
money, but to give the executive the approval to change the work order and spend
the money. Desler stated Imhof was correct.
Nelson questioned whether the original contact contained the language.
Desler stated it did not include the transfer switch.
Hoag stated the money amounts don't match between last week and this
week. Desler stated there is more than one installation issue and more than one
transfer.
Regular County Council, 9/28/99, Page 8
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Imhof moved to refer to committee in two weeks.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
SURVEYING AND GPS (NWS) TO PROVIDE PROFESSIONAL
SURVEYING SERVICES OF THE EXISTING LEVEES AND HIGH GROUND
ALONG THE NOOKSACK RIVER FROM THE GUIDE MERIDIAN BRIDGE
DOWNSTREAM TO BELLINGHAM BAY, IN THE AMOUNT OF $90,490
FOR A TOTAL CONTRACT AMOUNT OF $141,670 (AB99 -369)
PUBLIC HEARING
1. ORDINANCE IMPOSING A MORATORIUM ON APPLICATIONS FOR
LAND USE PERMITS FOR WIRELESS COMMUNICATIONS FACILITIES
(AB99 -317A)
Michael Knapp, Planning and Development Services Director, gave a staff
reported and stated there has been significant amounts of applications for cellular
tower installation. The emergency moratorium on new cellular towers was passed
in August for 61 days. They have developed a draft ordinance. The Planning
Commission held a public hearing. No comments were received during the hearing.
After the hearing, a cellular tower owner asked to leave the hearing open for his
comment. Planning Commission may want to continue that hearing and possibly
reopen the hearing, but the time period is drawing to a close. They would like
more time for public comment and for the council to have adequate time for review.
This ordinance is an extension of that moratorium for 180 days.
Brown stated he was worried about postponing this because they need to
consider the law enforcement and emergency services, who may be trying to locate
a tower for increased public health and safety. He asked there be a provision that
they not be included in the moratorium. Knapp stated the moratorium is for the
residential areas only.
Brown stated his concern was that if there was a need within the 180 days.
Knapp stated it would take one to two months to complete it.
Brown stated he wanted to ensure they had the ability to install a tower.
Dawson opened the public hearing and, hearing no one, Dawson closed the
public hearing.
Regular County Council, 9/28/99, Page 9
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Sutter asked if the moratorium automatically extends it to 180 days. Knapp
stated it is automatically up to 180 days.
Nelson moved approval.
Motion carried unanimously.
OTHER ITEMS
1. RESOLUTION AMENDING RESOLUTION 99 -023, ESTABLISHING A
WHATCOM COUNTY MARINE RESOURCE COMMITTEE AS PROVIDED
FOR UNDER THE NORTHWEST STRAITS COMMISSION (AB99 -1588)
Hoag reported for Natural Resources Committee and stated the committee
recommended approval as amended in Exhibit A. The Northwest Straights
Commission that had been helping them form the committee said the San Juan
Marine Resource Committee had been very strong in scientific representation, and
they felt it would be helpful. The committee had an organizational meeting and all
members agreed they would like three scientific representatives, rather than just
two. The addition of another citizen position was to allow someone to be moved
from the recreational /commercial representation to a citizen representation. That
would allow specific representation for both commercial and sport fishing. There
were a lot of qualified people that volunteered to serve, but there was not adequate
representation from commercial and sport fishing. With this change, they will. The
committee also recommended two more amendments to the Committee Members
section of Exhibit A, '...economic interest (such as, but not limitedto, the P
0 neluding, but net limited to Provided that commercial fishing is represented); 2
members with recreational interests (Ineluding, but net limited te Provided that
sport fishers are represented);..." She so moved.
Motion to amend carried unanimously.
Dawson moved to approve as amended.
Motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
LUMMI INDIAN BUSINESS COUNCIL FOR THE LUMMI SHORE
ROAD / LUMMI VIEW DRIVE RESTORATION PROJECT PHASE IV, WITH
THE COUNTY'S SHARE IN THE PROJECTED AMOUNT OF $600,000
(AB99 -355)
Nelson reported for Finance and Administrative Services Committee and
stated this item came forward with a recommendation for approval from the
committee.
Regular County Council, 9/28/99, Page 10
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Dawson moved to delete section five, beginning on page 26, and add, 'All
federal preferential hiring requirements shall be followed."
Brenner asked the difference between that and the Tribal Employment Rights
Ordinance (T.E.R.O.) that is currently in that section.
Dawson stated T.E.R.O. has an added taxing element.
Nelson stated if this was only county dollars being expended, he would
agree. He had trouble because they are using joint dollars supplied by the federal
government and the Lummi Nation. He understood the tribe has a specific policy
on the reservation on this issue. He asked about the impact if they remove this
language and whether the Lummi Nation would remove their dollars and urge the
federal government to remove their dollars.
Dawson stated not all tribes have this ordinance. She would like a letter
from the tribal solicitor that affirms the validity of what is going on regarding the
taxation and if her recommended change would be a problem. There is not a
position to support the tribe's actions.
Brenner stated she was concerned about anything that gives a preferential
treatment, but Dan Gibson's comments to Councilmember Brown convinced her not
to change the wording that would threaten the federal funding.
Bruce Mills, Public Works Assistant Director of Administration, stated he
believed it could threaten the funding. The original contract was signed in 1992.
This language has been in all but the first contract, which excluded the language
regarding state law. The second amendment to the contract picked that up in
1993, and it has existed in the contract since then.
Brenner she was concerned that there was a federal law allowing preferential
treatment, which was translated into the T.E.R.O. agreement. That may be what
they are going on. She didn't want to change anything without being assured they
wouldn't threaten the availability of the federal dollars.
Dawson stated she doesn't want any preferential hiring.
Brenner stated the federal government may have an agreement with the
tribe.
Sutter asked what would happen if T.E.R.O. was in conflict with state law,
other than regarding the bidding and expenditure of public funds by the county.
Jeff Monsen, Public Works Director, stated the discussion that went on
regarding T.E.R.O. is that it addresses three areas; a hiring preference, a taxing
Regular County Council, 9/28/99, Page 11
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authority for contractual activities, and special language regarding preferential
procedures to Indian -owned business. It is the third provision that was the reason
the county specifically made sure this would be a publicly bid project, with no
preference given for the vast majority of all activity. Regarding support staff in
performing some of the work, it is consistent with a lot of federal contracts, there
would be hiring preference in limited form.
Sutter asked if this would be in conflict with federal laws. Monsen stated that
language could be included. There are elements with the T.E.R.O. Ordinance that
are in conflict with state bidding procedures. He suggested the council defer this
matter until they understand what the language really means.
Mills stated this is a two party agreement that has, in good faith, been going
through the process since 1992. Changing the language would set the contract in
limbo because they would be back in negotiations with the tribe.
Nelson asked about the impact. Mills stated the impact is on the construction
contracts. There are two issues. One is the one percent surcharge tax.
Nelson asked if they are going to authorize that funding. Mills stated it is
always between the contractor and the tribe. The contractor is made aware of the
ordinance they need to comply with. The second item is the preference item. It
encourages the low bidder to use subcontractors that may be tribal members.
Imhof called for the question.
Dawson withdrew her motion and moved to hold in Council to get the full
implication and the correct wording to include the preferential hiring and
contracting. There is a taxing element that doesn't appear to be legal. If the tribe
can provide something from their solicitor, it would be easy to address. A person
can't sue the tribe about the taxing authority. The need to keep people from
feeling intimidated when they want to work on a county project.
Dawson withdrew her motion to table.
Brenner asked if the taxing authority has been through legal review to
determine if it is legal. Monsen stated it appears the tribe has a valid position for
collecting a tax for this type of work. The only way to confirm that would be in
front of a judge.
Dawson stated she has materials from tribal attorneys that an individual has
to receive a direct service if they are to be taxed.
Brown moved to refer to committee. Also, in the T.E.R.O. ordinance, it
discusses contracts specifically for construction, forestry, mining, and other work on
Regular County Council, 9/28/99, Page 12
or near the Lummi reservation. He questioned their attempt to try to collect the
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Motion carried 6 - 1 with Imhof opposed.
3. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20.44,
RECREATIONAL USES (AB99 -297)
Sutter reported for Planning and Development Committee and stated this
came forward with a recommendation for approval from the committee. She so
moved.
Motion carried unanimously.
Sutter stated other items discussed in committee included the ordinance
adopting the amendments to Whatcom County Code, Title 20, zoning text
(AB99 -184). That is still in committee. Several items from that list will go
forward for introduction at the next meeting. Those items are: setbacks ( #48-
98:ZT), trunk utility lines ( #50- 98:ZT), personal storage units ( #51- 98:ZT), front
yard setbacks ( #56- 98:ZT), disabled parking ( #57- 98:ZT), adult family homes
( #63- 98:ZT), and the definition of aquaculture ( #68- 98:ZT).
The next item was a discussion regarding the Planning Commission's
response to Council's request for re- evaluation of Drayton Harbor's short
term planning areas (AB99 -367). The committee is working through that issue.
They have asked for some specific amendments to the amendment, which will allow
them to be put into a short term planning area. They've also asked the residents to
bring forward information the committee will need to do decision - making on the
boundaries.
The next item was the ordinance amending Whatcom County Code,
Title 20.83, regarding lot consolidation (AB99 -328). It is scheduled for public
hearing on October 26.
The next item was the ordinance amending Whatcom County Code,
Title 20.42, regarding harvest activity in Rural Forestry /Commercial
Forestry, and conflicts with landowners (AB99 -329). This will be scheduled
for a public hearing on October 26.
The next item was the ordinance amending Whatcom County Code,
Title 20.34, regarding Lummi Island Rural Residential - Island (RR -I)
amendments (AB99 -330). This comes forward on a 3 -0 vote to approve.
(Clerk's Note: End of tape one, side 8.)
Sutter continued to state that the Lummi Island RR -I item will be scheduled
before the council for approval on October 12. It was introduced last week.
Regular County Council, 9/28/99, Page 13
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Dana Brown - Davis, Clerk of the Council, stated there must be thirteen days
between introduction and adoption. That is the reason it was not scheduled for
approval on this agenda.
Sutter stated the next item was an ordinance amending Whatcom
County Code, Title 20, regarding site specific rezones, master plans, and
site plan amendments (AB99 -331). This item is scheduled for public hearing on
October 12.
The next item, discussion regarding the 1999 zoning docket (AB99 -
326) has been held in committee.
The next item, ordinance regarding water resource protection overlay
zone (AB99 -286), has also been held in committee.
Brenner requested they get through some of the bigger issues without such a
large planning and development committee agenda.
Sutter suggested the committee members become familiar with the items.
Sylvia Goodwin, Planning and Development Services Planning Manager,
stated that the ordinance amending Whatcom County Code, Title 20.42
(AB99 -329) has revised language. They will need to expand the title to reflect the
changes. It now changes several sections in Title 20.
4. ORDINANCE ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE,
TITLE 20, ZONING TEXT (AB99 -184)
See above.
S. RESOLUTION REQUESTING THE UNITED STATES CONGRESS TO
AMEND THE ENDANGERED SPECIES ACT IN CONSIDERATION OF THE
SAFETY OF ALL UNITED STATES CITIZENS (AB99 -365)
Dawson stated this item was being sponsored and proposed by
Councilmembers Hoag and Sutter. She read it into the record.
Sutter stated they were sent a resolution from another county. Their
resolution addressed the Endangered Species Act (ESA) as it addresses
transportation issues. She felt it should have been expanded to include all projects.
Hoag stated the point is that they are not trying to weaken the ESA, but they
must balance the decisions.
Sutter moved to approve.
Motion carried unanimously.
Regular County Council, 9/28/99, Page 14
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INTRODUCTION ITEMS
Imhof moved to accept the Introduction Items.
Sutter added the items she mentioned above. Those items are: setbacks
( #48- 98:ZT), trunk utility lines ( #50- 98:ZT), personal storage units ( #51- 98:ZT),
front yard setbacks ( #56- 98:ZT), disabled parking ( #57- 98:ZT), adult family
homes ( #63- 98:ZT), and the definition of aquaculture ( #68- 98:ZT).
Motion carried unanimously.
I. ORDINANCE AMENDING ORDINANCE 84 -115 (18) REGARDING A
STOP SIGN ON HARKSELL AT WOODLAND ROAD (AB99 -370)
2. ORDINANCE AMENDING THE 1999 BUDGET, REQUEST #8 (AB99 -371)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE, 20.84.240,
APPEALS, TO ADDRESS REFUNDS FOR APPEALS OF ADMINISTRATIVE
DECISIONS AND CODE VIOLATIONS (AB99 -366)
OTHER BUSINESS
Hoag stated in Natural Resources Committee there was a presentation by
Henry Bierlink regarding the formation of a water conservancy board. It would
allow for transfer of water rights by a board established at the local level who would
make recommendations to the State Department of Ecology (DOE). There is a
petition coming forward that will request the council to establish the board by
resolution at the next meeting.
Brown stated that, if the petition doesn't come forward, the council still has
the ability to act and should act.
Sutter suggested they prepare one resolution for each method of creating the
board, by petition or by council action.
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Hoag stated the Natural Resources Committee had a presentation from Craig
MacConnell, Cooperative Extension, regarding integrated pest management (IPM).
The committee supports the effort, and hopes they will expand to other crops.
Currently they are using IPM in the raspberry crops and the apple crops.
ADJOURN
Regular County Council, 9/28/99, Page 15
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The meeting adjourned at 8:40 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on January 25 , 2000.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
Regular County Council, 9/28/99, Page 16