HomeMy WebLinkAboutCommittee of the Whole May 5 1998I WHATCOM COUNTY COUNCIL
2 Committee of the Whole
3
4 May 5, 1998
5
6 The meeting was called to order at 6:05 p.m. by Council Chair Robert Imhof in the
7 Council Committee Room, 311 Grand Avenue.
8
9 Also Present: Absent:
10 Ward Nelson None
11 Kathy Sutter
12 Barbara Brenner
13 Connie Hoag
14 Marlene Dawson
15 Tom Brown
16
17 1. DISCUSSION REGARDING THE POSSIBILITY OF SENDING ONE COUNCIL
18 MEMBER TO THE STATE JOINT NATURAL RESOURCES MEETING ON A
19 MONTHLY BASIS (AB98 -197)
20
21 Imhof noted this meeting is usually held either in Seattle or Olympia. Sutter stated she
22 was willing to attend. Imhof noted much of the discussion issues will be focused on the ESA
23 agenda. As no one else volunteered, Sutter was unanimously appointed.
24
25 2. MEMORANDUM OF AGREEMENT BETWEEN THE LUMMI NATION,
26 NOOKSACK TRIBE, AND WHATCOM COUNTY (AB98 -193)
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28 Hoag stated Merle Jefferson originated this memorandum. She felt it was important
29 that the tribes and the County work together, especially with ESA. Hoag requested feedback
30 on the memorandum. The main goal was to display a united effort among the tribes and the
31 County so that when funding is applied for (both state and federal), cooperation would readily
32 be seen. A general memorandum was drawn up to avoid getting caught up in too many details.
33 Staff wrote the termination clause with a copy to legal for review.
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35 Sutter questioned the section on "Management Teams" by inquiring if the entire
36 Nooksack Basin was being discussed. Imhof stated the County and the tribes would lead the
37 group without responsibility. Sutter inquired if the County would lead land use planning for
38 the reservation. Imhof explained there would be two management teams and two votes.
39 Sutter then wondered who would decide a deadlock. She clarified that regarding land use
40 management, the County would work with the tribal planning department; but she asked whom
41 the County will work with regarding fisheries management. Hoag replied the memorandum
42 does not define the number of people involved in this but sets up a very general structure for
43 the work to be done. The tribes are concerned about taking action regarding ESA —they want
44 to know Council is committed to taking action and working with them on this. The format
45 process has been left open so all concerns can be addressed. The scope of work must be
COTW Minutes, 5/5/98, Page 1
I developed. Sutter wanted the jurisdictions to be the same stating if the tribes are dealing with
2 off - reservation issues, the County should be dealing with on- reservation issues.
4 Jeff Monsen, Public Works Director, stated there was no intent in the document to
5 create any regulatory authority that does not already exist in the parties involved. This is
6 more of a cooperative venture to look for a plan and activities that can be jointly
7 accomplished.
9 Dawson stated that in order to ensure cooperation, it is important that the
10 County's management team for land use include the Lummi Planning Department; for the
11 Nooksack, it would be the Bureau of Indian Affairs, as Nooksack has no planning
12 department.
13
14 Hoag pointed out the document states the team may include but is not limited to,
15 so items could be added. Imhof stated the tribes will be needed to help with their portion.
16 Sutter was still unclear regarding language in the tribes' memorandum, as it read to her that
17 their team has been set, but the County's is general. Hoag stated the County requested the
18 language "may include but is not limited to ", as it was felt the County should be able to pick
19 its own team. Sutter continued to point out that no one from the County is allowed by
20 language on the fisheries management team. Monsen stated he recalled the tribe wanted
21 them both to be changed to "may" and that it was up to the teams as they matured to
22 develop the membership. Hoag noted there was concern that co- managers might not be
23 included in some of the tribal decisions. Brenner suggested "will include but may not be
24 limited to ". Imhof suggested leaving both the same language and then develop the scope of
25 work. He then suggested "may include but may not be limited to" in both documents. He
26 stated both documents should be left open -ended until the scope of work has been decided;
27 then membership will be known.
28
29 Bob Andersen, land use planner, suggested multiple objective designs. Imhof
30 stated that was scope of work, which was beyond the subject matter. Sutter felt in
31 deference to the tribes' preference it should read "this will include but is not limited to"
32 for the fisheries management team. Nelson commented.
33
34 Hoag returned to the purpose of having two teams and requested comment.
35 Dawson stated the door needs to be open so there would not be any "bad faith"
36 negotiation in terms of having a County person under the fisheries management and tribal
37 persons under the land use management. It would be an expectation that each would be
38 on the others' team. Imhof stated "the tribe will include but not limited to" and "may
39 include but not limited to" in the County's memorandum of agreement. Hoag was
40 concerned about a lack of direction about the teams.
41
42 Pete Kremen, County Executive, agreed that this memorandum of agreement was
43 very significant in that both tribes were so involved with this process. He felt there was a
44 need to resist the temptation to overly fine -tune the document. Discussion followed
45 regarding leaving the MOU flexible to maintain cooperation among the entities and then
COTW Minutes, 5/5/98, Page 2
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proceed with discussions. Kremen noted that if good faith is not present at the beginning
of this process, nothing will be accomplished.
Imhof moved the amendment: the management team, the Lummi Nation, and the
Nooksack Tribe "will include but not limited to" the tribes, Washington State... .
Motion carried unanimously.
Hoag inquired if there were any legal difference between a MOU and a Memorandum
of Agreement. Karen Frakes, Prosecuting Attorney's Office, replied in the negative.
Brown moved approval as amended.
Motion carried unanimously.
The meeting was adjourned at approximately 7 p.m.
Dana Brown - Davis, Recording Secretary
These minutes were approved by Council on 51998.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Robert Imhof, Council Chair
COTW Minutes, 5/5/98, Page 3