HomeMy WebLinkAboutCouncil April 21 19981
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
April 21, 1998
The meeting was called to order at 7 p.m. by Council Chair Robert Imhof in the
Council Chambers, 311 Grand Avenue.
Also Present: Absent:
Barbara Brenner None
Connie Hoag
Marlene Dawson
Ward Nelson
Kathy Sutter
Tom Brown
ANNOUNCEMENTS
Imhof announced that during executive session Council members were briefed by
legal counsel regarding an appeal of the Hearing Examiner's decision filed by Jim West
(AB98 -114).
Brown moved to remand to the Hearing Examiner in consideration of new
information.
Motion to remand carried unanimously.
Imhof announced that at the Washington State Association of Counties (WSAC)
meeting last week, the County was presented with a framed plaque from Washington
State University.
APPROVAL OF MINUTES
APPROVAL OF MINUTES FOR THE MARCH 10, 1998 COMMITTEE OF THE
WHOLE MEETING AND THE APRIL 7 AND MARCH 10, 1998 REGULAR
COUNCIL MEETINGS
Nelson moved to approve the minutes.
Motion carried unanimously.
Imhof announced canvassing was needed for May 7 at 9:00 a.m. and May 8 at
1:30 p.m. Brenner volunteered for both days.
Regular Council Minutes, 4/21/98, Page I
2 OPEN SESSION
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4 The following people addressed Council:
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6 Darlyn Del Boca, 7208 Lankhaar Road: Agricultural land preservation (AB98-
7 130)
8 Bob Wiesen, 3314 Douglas Road, Ferndale: Controlled intersection at Haxton
9 and Slater Road (AB98 -024)
10 Dave Ernst, 7208 Lankhaar Road: Rezone Ag to Rural Residential (AB98 -130).
11 Imhof announced that this item has been pulled from the agenda, and a public hearing
12 will be scheduled for May 5.
13 Rita Foley, South Lake Whatcom: Amendment to the Whatcom County
14 Shoreline Management Act (AB97 -103) authorizing the County to enforce violators of
15 this Act. Sylvia Goodwin, Planning and Development Manager, explained the history of
16 the amendment and the Department of Ecology's response.
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18 Nelson moved to ask Council Chair send a letter to the Department of Ecology
19 (DOE) encouraging expedition of these amendments with a copy to the state legislature
20 and the governor.
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22 Goodwin stated one of the amendments would allow enforcement via a ticket rather
23 than going through a lengthy court process. Rita Foley added that DOE does not seem to
24 be responsive.
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(Clerk's Note: No vote was taken on Nelson's motion, but Imhof told Foley "We
will get right on it")
Harvey Porter, 346 South Forest:
(AB98 -024)
Marian Beddill, 3600 Seely Street
Lake Whatcom Watershed (AB96 -012)
CONSENT AGENDA
Winchester Heights planned development
Water issues relating to development in the
Dawson reported for Finance and Administrative Services Committee and moved approval
of all consent items. She stated an amendment was attached to item 6, which requested the schools
have the ADA requirements in place. Also, on item 9, Brenner and Sutter will both be attending a
conference in Mt. Vernon.
Items 6 and 9 were pulled.
Brenner requested item 2 be pulled.
Motion to approve items 1, 3, 4, 5, 7, and 8 carried unanimously.
Regular Council Minutes, 4/21/98, Page 2
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1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98-
31 FOR THE PURCHASE OF TWO TEN -YARD DUMP TRUCKS TO THE
LOWEST RESPONSIVE BIDDER, KENWORTH NORTHWEST, IN THE
AMOUNT OF $211,889.52 (AB98 -159)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #98-
33 FOR THE PURCHASE OF TWO ONE -TON CREW CAB TRUCKS TO THE
LOWEST RESPONSIVE BIDDER, DIEHL FORD, IN THE AMOUNT OF
$44,674.04 (AB98 -160)
Brenner spoke against the purchase of the crew cabs.
Dawson moved approval.
Motion carried 5 -2 with Brown and Brenner opposed.
3. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NOS. 994011
AND 997015 FOR THE RECONSTRUCTION OF NORTHWEST DRIVE
(WEST AXTON ROAD TO WEST POLE ROAD), AND REQUEST
AUTHORIZATION FOR THE EXECUTIVE TO AWARD SAID CONTRACT
TO THE LOWEST RESPONSIVE BIDDER, WILDER CONSTRUCTION, IN
THE AMOUNT OF $1,792,664.25 (AB98 -161)
4. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 997002 FOR
THE STRUCTURAL OVERLAY OF LAKE WHATCOM BOULEVARD, AND
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD SAID
CONTRACT TO THE LOWEST RESPONSIVE BIDDER, WHATCOM
BUILDERS, IN THE AMOUNT OF $211,825.50 (AB98 -162)
5. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 995011 FOR
THE RECONSTRUCTION OF WEST BADGER ROAD, AND REQUEST
AUTHORIZATION FOR THE EXECUTIVE TO AWARD SAID CONTRACT
TO THE LOWEST RESPONSIVE BIDDER, CALLEN CONSTRUCTION CO.,
INC., IN THE AMOUNT OF $2,410,615 (AB98 -163)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN THE WHATCOM COUNTY HEALTH
& HUMAN SERVICES DEPARTMENT AND WHATCOM COUNTY
COMMISSION ON YOUTH IN SUPPORT OF THE BEST SELF PROGRAM, IN
THE AMOUNT OF $23,053 (AB98 -164)
Dawson moved to add language to read that the ADA requirements to the Best
Self schools are in place.
There was discussion on the motion. Brown inquired if any funding was going to
benefit any rural areas; his question was answered in the affirmative.
Regular Council Minutes, 4/21/98, Page 3
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Motion to amend carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN THE WHATCOM COUNTY HEALTH
& HUMAN SERVICES DEPARTMENT AND THE ARC OF WHATCOM
COUNTY TO HELP FUND THE PARENT COALITION PROJECT, IN THE
AMOUNT OF $21,000 (AB98 -165)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND THE
WHATCOM DISPUTE RESOLUTION CENTER, FOR THE THIRD AND
FINAL YEAR OF THE COMMUNITY BUILDING PROGRAM FUNDED BY
THE GOVERNOR'S JUVENILE JUSTICE ADVISORY COMMITTEE, IN THE
AMOUNT OF $51,420 (AB98 -166)
7. REQUEST AUTHORIZATION FOR PAYMENT OF PAYMENT OF COUNCIL
MEMBER EXPENSES AND /OR TRAVEL (AB98 -143A)
8. REQUEST AUTHORIZATION FOR PAYMENT OF PAYMENT OF COUNCIL
MEMBER EXPENSES AND /OR TRAVEL (AB98 -143A)
Dawson explained Brenner and Sutter will be attending a two -day conference held in
Mt. Vernon regarding salmon habitat.
Dawson moved to amend by approving Brenner and Sutter to attend the conference.
Motion carried unanimously.
PUBLIC HEARING
1. ORDINANCE SETTING THE DUE DATE FOR PAYMENT OF SERVICE
CHARGES, AUTHORIZING COLLECTION OF INTEREST AND PENALTIES
ON DELINQUENT PAYMENTS OF ASSESSMENTS ON PARCELS IN
SUBZONES, AND ESTABLISHING PROCEDURES FOR RECORDATION
AND FORECLOSURE OF LIENS RESULTING FROM DELINQUENCIES
(AB98 -153)
Lara McKinnon, Public Works, gave a staff report. She suggested on packet
page 318, line 13, add: "...rate of ten (10) per cent of the principal amount due... ".
Imhof opened the public hearing, and no one spoke.
Imhof closed the public hearing.
Regular Council Minutes, 4/21/98, Page 4
2 Dawson moved approval.
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4 Imhof moved to amend on packet page 318, line 13, to add the word "principal"
5 before the word "amount ".
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7 Motion to amend carried unanimously.
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9 Motion to adopt as amended carried unanimously.
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11 2. ORDINANCE ESTABLISHING A 2,000 -FOOT PORTION OF VAN WYCK
12 ROAD LOCATED IMMEDIATELY EASTERLY OF THE COUNTY
13 MAINTAINED PORTION OF SAID ROAD AS A PUBLIC ROAD (AB97 -413A)
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15 Jeff Monsen, Director of Public Works, gave a staff report.
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17 Imhof opened the public hearing, and the following people spoke:
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19 Greg Anderson, 347 Van Wyck Road
20 Phil Serka, 400 N. Commercial Street, representing several property owners on
21 Van Wyck Road
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23 (Clerks Note: Tape 1, side B)
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25 George Leonard, 247 Van Wyck Road
26 Cindy Anderson, 347 Van Wyck Road
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28 Hearing no one else, Imhof closed the public hearing.
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30 Jeff Monsen, Public Works Director, explained the purpose of the ordinance is to
31 establish the road as a public road and build it to current standard. He clarified the latecomers
32 agreement, which is an introduction item to amend the Whatcom County Code, to allow the
33 County to apply it to Van Wyck. There was discussion regarding the process. Serka
34 explained his concerns. Monsen addressed the latecomers process.
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36 Imhof moved to table for two weeks.
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38 Motion to table carried 4 -3 with Brown, Brenner, and Hoag opposed.
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40 OTHER ITEMS
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42 1. NOTIFICATION OF A PROPOSED REQUEST FOR PROPOSAL FOR WASTE
43 REDUCTION & RECYCLING /HOUSEHOLD HAZARDOUS WASTE TO
44 DESIGN AND IMPLEMENT AN EDUCATION AND PROMOTION PROGRAM
45 FOCUSING ON WASTE REDUCTION AND RECYCLING, AND HOUSEHOLD
46 HAZARDOUS WASTE, IN THE EXPECTED AMOUNT OF APPROXIMATELY
Regular Council Minutes, 4/21/98, Page 5
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$110,000 (AB98 -167)
Brenner reported for Public Works and Capital Projects Committee. She stated this
item was a committee recommendation only to the Solid Waste staff. Committee
recommended staff to do a Request for Proposal (RFP), which will be presented to Finance
and Administrative Services Committee. No Council action was needed.
2. NOTIFICATION OF A PROPOSED REQUEST FOR PROPOSAL FOR LOCAL
WASTE REDUCTION & RECYCLING EDUCATION & PROMOTION GRANT
PROGRAM TO DEVELOP NEW AND INNOVATIVE PROJECTS /PROGRAMS
TO SUPPORT THE COMMUNITY'S WASTE REDUCTION AND RECYCLING
EFFORTS (AB98 -168)
Brenner reported for Public Works and Capital Projects Committee. She stated this
item was a committee recommendation only to the Solid Waste staff. Committee
recommended staff to do a Request for Proposal (RFP), which will be presented to Finance
and Administrative Services Committee. No Council action was needed.
Brown spoke against items #1 and #2, as he voted against these items in committee.
He was specifically concerned about enforcement.
3. RESOLUTION SCHEDULING A PUBLIC HEARING TO CONSIDER
AUTHORIZING A SYSTEM OF ASSESSMENT FOR DIKING DISTRICT NO. 3
(AB98 -169)
Brenner reported for Public Works and Capital Projects Committee and moved approval.
Motion to approve carried unanimously.
4. RESOLUTION SCHEDULING A PUBLIC HEARING TO CONSIDER
AUTHORIZING A SYSTEM OF ASSESSMENT FOR DIKING DISTRICT NO.4
(AB98 -170)
Brenner reported for Public Works and Capital Projects Committee and moved approval.
Motion carried unanimously.
5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM AGRICULTURE (AG) TO RURAL TEN ACRES (R10A) FOR
APPROXIMATELY 60 ACRES IN THE LYNDEN - NOOKSACK SUBAREA
(AB98 -130)
This item has been pulled for a public hearing on May 5.
6. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RURAL TEN ACRES (R10A) TO RURAL FIVE ACRES (R5A)
FOR APPROXIMATELY 29.34 ACRES IN THE FOOTHILLS SUBAREA
Regular Council Minutes, 4/21/98, Page 6
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(AB98 -151)
Sutter reported for Planning and Development Committee and moved to adopt.
There was discussion on the motion. Hoag was concerned about the sloping. Brenner
responded regarding stability. Hoag referred to packet page 211 regarding stability. There
was further discussion. Also participating in the discussion was Michael Knapp, Planning and
Development Services Director. Jon Sitkin, 1616 Cornwall Avenue #209, representing
Dennis Feathers, explained that any development would have to comply with the Critical
Areas Ordinance. There was further discussion.
Motion to adopt carried 6 -0 with Brown abstaining because of his previous
involvement with this issue.
7. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RURAL TEN ACRES (R10A) TO URBAN RESIDENTIAL
MEDIUM DENSITY SIX UNITS PER ACRE (URM6) FOR APPROXIMATELY
39.4 ACRES IN THE BIRCH BAY - BLAINE SUBAREA (AB98 -152)
Sutter reported for Planning and Development Committee and moved to adopt.
Motion to adopt carried unanimously.
8. RESOLUTION INITIATING COMPREHENSIVE PLAN AMENDMENTS
(AB98 -171)
Sutter reported for Planning and Development Committee and moved to remove
item #12 as inappropriate at this time.
She requested clarification on item # 16.
Sylvia Goodwin, Planning Division Manager, gave a staff report.
Sutter moved to remove item # 12.
There was discussion on the motion. Topics discussed included densities; the Forest
Practice Act; and the process.
(Clerk's Note: Tape 2, side A)
Sutter moved to forward this to the Planning Commission with the deletion of
item #12.
Hoag moved to table for two weeks for preparation of Council member additions.
Regular Council Minutes, 4/21/98, Page 7
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3 Motion to table carried unanimously.
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5 9. CONSIDERATION OF APPEAL, HEARING EXAMINER'S DECISION ON
6 CUP 94 -0014 FILED BY JAMES WEST (AB98 -114)
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8 See announcements.
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10 10. RESOLUTION ESTABLISHING A PROCEDURE FOR COUNCIL MEMBER
11 TRAVEL AND EXPENSE APPROVAL (AB98 -158)
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13 Dawson moved approval of the resolution.
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15 There was discussion on the motion. Brenner was concerned about the language on
16 packet page 324 "...that after the Council has approved the request for travel and/or
17 expense reimbursement, the request will be forwarded to the Superior Court for final
18 approval." Nelson and Imhof responded the court will continue to approve payments. The
19 court requested Council approve these requests first, which is according to state law.
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21 Brenner suggested clarifying language on packet page 323, "NOW, THEREFORE"
22 clause regarding "...expense claims shall be submitted...", she suggested "...expense
23 claims shall be subject to approval... ". There was further discussion.
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25 Hoag moved to amend as follows:
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27 "NOW, THEREFORE, BE IT RESOLVED that the M4iateom Goii ty Gettfleil
28 shall approve all Council Member claims for miscellaneous expenses and those related to
29 official County business travel shall be subject to approval by the Whatcom County
30 Council; and...."
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32 Motion to amend carried unanimously.
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34 Motion to approve carried unanimously.
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36 11. REQUEST CONFIRMATION FOR THE EXECUTIVE TO APPOINT IAN F.
37 BROOKS TO THE MENTAL HEALTH ADVISORY BOARD (AB98 -172)
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39 Nelson moved approval.
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41 Motion carried unanimously.
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43 12. REQUEST CONFIRMATION FOR THE EXECUTIVE TO REAPPOINT JIM
44 NOTEBOOM TO THE WHATCOM COUNTY HOUSING AUTHORITY (AB98 -
45 173)
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Regular Council Minutes, 4/21/98, Page 8
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Dawson moved approval.
Motion carried unanimously.
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN AN
APPLICATION FOR A "CLASS A & C" LIQUOR LICENSE FOR TINO'S
PIZZA AND PASTA COMPANY, LOCATED AT 2275 LAKE WHATCOM
BOULEVARD, BELLINGHAM, WA 98225 (AB98 -174)
Imhof moved approval.
Motion carried unanimously.
INTRODUCTION
Dawson moved to accept introduction items 2 -7.
Dawson announced that item #1 has been withdrawn because it is an
intrajurisdictional concern; therefore, she will bring it forward to the Lake Management
District meeting on April 28 -30.
1. ORDINANCE PLACING A LIMITED BAN ON MOTORIZED WATERCRAFT
ON LAKE WHATCOM (AB98 -182)
2. ORDINANCE AUTHORIZING A SYSTEM OF ASSESSMENT FOR DIKING
DISTRICT NO. 3 (AB98 -169A)
3. ORDINANCE AUTHORIZING A SYSTEM OF ASSESSMENT FOR DIKING
DISTRICT NO.4 (AB98 -170A)
4. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RURAL FIVE ACRES (R5A) TO URBAN RESIDENTIAL FOUR
UNITS PER ACRE (UR4) FOR APPROXIMATELY 412 ACRES IN THE BIRCH
BAY -BLAINE SUBAREA (AB98 -175)
5. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
MAP FROM RURAL FIVE ACRES (R5A) TO NEIGHBORHOOD
COMMERCIAL (NC) FOR APPROXIMATELY 1. 18 ACRES OF A 6.18 ACRE
PARCEL IN THE LYNDEN - NOOKSACK VALLEY SUBAREA (AB98 -176)
6. ORDINANCE AMENDING WCC 12.44 TO CREATE A PROCEDURE FOR
REIMBURSEMENT OF ROADWAY CONSTRUCTION COSTS THAT
BENEFIT OTHERS (AB98 -177)
Regular Council Minutes, 4/21/98, Page 9
1 7. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST #4 (AB98 -178)
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3 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
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5 Resolution Supporting a Public Health Assessment of the Effects of Groundwater
6 Contamination in Northern Whatcom County (AB98- 156A): Hoag moved to approve this
7 resolution.
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9 She pointed out committee vote was unanimous to sign Carl Weimer's resolution with
10 amendments (requesting assistance from the Agency for Toxic Substances and Disease Registry
11 [ATSDR]).
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13 Hoag moved to amend the resolution by deleting paragraph 6 on packet page 121:
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15 "M4ier-eas ne state or- leeal etfffea4ly planning to look into othe
16 possible health e Pets . va by this ,.t.,fninated . ..,�o,.»
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18 Hoag moved to amend the resolution by adding language to the last paragraph on packet
19 page 121:
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21 "...requests the County Administration to have the Health and Human Services
22 Department Offieer -take an active role... ".
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24 Hoag moved approval of the resolution as amended.
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26 Nelson moved approval of both amendments.
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28 Motion carried unanimously.
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30 Motion to approve the resolution as amended carried unanimously.
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32 Re- introduction of an Ordinance Imposing Interim Zoning Regulations in the
33 Lake Whatcom Watershed (AB98 -181): Sutter noted this has been held in committee, as
34 well as was the information forwarded to the Planning Commission (AB98 -171). She stated
35 many efforts are being made toward resolution of the issues in the watershed, and the
36 advisability of imposing a moratorium in the watershed needs to be explored, along with
37 options for resolution of problems not involving the extra burden of a moratorium on the
38 property owners.
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40 Regional Support Network (AB98 -013): Nelson stated he will be attending this
41 meeting in Mt. Vernon this Thursday to work on the service providers for mental health
42 treatment. One of the major issues will be emergency service to mental health patients.
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44 Washington State Association of Counties (AB98 -001): Imhof reported he met last
45 week with this organization. Salmon was one of the issues. Brown requested Imhof look into
46 this organization meeting on an off - meeting day for Council members to participate.
Regular Council Minutes, 4/21/98, Page 10
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ADJOURN
The meeting was adjourned at 8:50 p.m.
Marina Mason, Recording Secretary
These minutes were approved by Council on , 1998.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Robert Imhof, Council Chair
Regular Council Minutes, 4/21/98, Page 11