HomeMy WebLinkAboutCouncil October 27 19981
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WHATCOM COUNTY COUNCIL
Regular Council Meeting
October 27, 1998
The meeting was called to order at 7:00 p.m. by Council Chair Robert Imhof in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Kathy Sutter Tom Brown
Connie Hoag
Barbara Brenner
Marlene Dawson
L. Ward Nelson
ANNOUNCEMENTS
Imhof announced that, during executive session, there was discussion with Chief Civil
Deputy Prosecutor Randy Watts regarding pending litigation (AB98 -020) and discussion
regarding master collective bargaining agreement negotiations (AB98 -360).
Imhof also announced that there was discussion in Committee of the Whole regarding
the Lake Whatcom Joint Management Plan (AB98 -386). Suggestions were made on
prioritizing certain elements of the plan. The plan will betaken to the Water District #10 Board
of Supervisors.
APPROVAL OF MINUTES
APPROVAL OF MINUTES: COMMITTEE OF THE WHOLE — SEPTEMBER 29,
1998; REGULAR COUNCIL — SEPTEMBER 15, 1998, AND SEPTEMBER 29, 1998
Dawson moved approval of the minutes.
Motion carried 5 - 0 with Nelson and Brown absent.
Regular County Council Meeting, 10/27/98, Page 1
I SPECIAL PRESENTATION
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3 MIKE BRENNEN, BELLINGHAM /WHATCOM COUNTY CHAMBER OF
4 COMMERCE, TO PRESENT INFORMATION ON THE 1998 SKI TO SEA
5 FESTIVAL (AB98 -385)
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7 Sutter announced that this item had been postponed.
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OPEN SESSION
The following people spoke during open session:
15 Jean McKay, Crestline Drive, Bellingham, questioned when the Council will enact a
16 moratorium on building in the Lake Whatcom watershed to protect the only source of drinking
17 water for most of the County residents. She also questioned when the Council will appoint a
18 medical professional to the Board of Health, and what laws will be put into place regarding
19 infectious waste before Recomp begins its expanded operations.
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21 Imhof explained that the medical doctor's professionalism is represented on the Public
22 Health Advisory Board. Brenner stated that the Health Board should discuss this. Imhof
23 requested that this item be scheduled for the next Board of Health agenda.
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25 Kay Sahrdo, 490 South State Street, Bellingham, spoke on the outreach program for
26 Medicaid. Approximately 12% of children in Washington State are eligible for Medicaid and
27 are not insured. In Whatcom County, 14% are not covered by Medicaid. It is a possibility for
28 bringing Medicaid funding into the County. It wouldn't cost the County anything. It would be
29 managed out of the Health Department. The target population are those who do not normally
30 receive outreach. The Opportunity Council has Head Start Centers. They would try to tap
31 populations in cooperation with the Health Department to reach populations that would not
32 normally get registered for Medicaid.
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34 Chris Phillips, 1501 Lowe Ave, Director of Community Outreach at St. Joseph's Hospital
35 and former director of the Interfaith Clinic, spoke in support of the program proposed by the
36 Health Department for Medicaid outreach. It is important to provide health insurance. Medicaid
37 is health insurance for low- income people. They would like to provide health insurance in
38 addition to charity care. Charity care and health insurance should be provided when needed to
39 people with low incomes. There are a number of children at the hospital who are not insured. If
40 they partner with other community organizations, then they would be able to get Medicaid for
41 the children as well as for the families.
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Regular County Council Meeting, 10/27/98, Page 2
I Leroy Richards, 6742 Portal Way, Ferndale, stated that they have applied for emergency
2 rezoning for their property for their business. They have 18 years into the business, with seven
3 employees. They need more operating capital and, although they are running a legal business,
4 they are running under a conditional use permit. All the finances are tied up. They must either
5 get financing or begin laying off employees. He asked for Council support.
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7 Sylvia Goodwin, Planning and Development Services Planning Manager, explained that
8 it is the last item scheduled in the meeting.
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10 Linda McCarthy, 1235 Roland Street, Bellingham, Mt. Baker Planned Parenthood
11 Assistant Director, spoke in favor of the Medicaid Outreach program. For the last year and a
12 half, Mt. Baker Planned Parenthood has been on an aggressive expansion campaign. There are a
13 lot of people in Whatcom County without health insurance. About 80% of those people are
14 working. It is a hardship on families. Seamar and Interfaith provide affordable health care. This
15 project is important in that it allows Medicaid to be given for the children whose parents have an
16 income up to 200% of the poverty level. The adults may not qualify, but their children do. The
17 state and federal government have made money available to get the word out into the
18 communities. The welfare -to -work program has made significant changes to the way
19 entitlements are provided to folks. There has been a gap in the health care of the children. It is
20 important to make families aware that this is available. Without some way to do that, people are
21 discouraged. They will be covered for medical, dental, and vision.
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23 Joe Elenbaas, 600 East Smith Road, stated that the Sheriff's Department chased an
24 individual at high speeds for one hour in northern Whatcom County. The individual was
25 cornered north of Lynden. He read in the Bellingham Herald that 10 armed officers were needed
26 to bring an individual out of a house. The Council needs to look at what the Sheriff's
27 Department is doing. Regarding the Senate situation, it is his interpretation that the rules of
28 order under which the Council operates limits the Council to one action, which is the completion
29 of the balloting of September 29. He requested that the Council complete that action. Brenner
30 has expressed concerns about the timing of Anderson's resignation. There is nothing anyone can
31 do about that. Whoever is chosen to fill the seat shouldn't have to suffer the burden because one
32 person might have done something that someone else doesn't agree with. Also, there was a
33 concern expressed about the costs of the retirement program. It is something that could be opted
34 for or not opted for. He would not opt for the program. A person does not need to take pay for
35 this type of situation. He has never taken pay for any of the elected positions in which he has
36 served. He did take pay to cover the fine from the court regarding the shotgun episode. He paid
37 his fine with a per diem check. His salary, if appointed, would be donated to the Sean Humphry
38 House and the pregnancy center. Procedurally, the Council must conclude the appointment
39 during old business.
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41 Hoag stated that the Sheriff's officers were there because this individual broke into
42 someone's home and was holding up there.
Regular County Council Meeting, 10/27/98, Page 3
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Elenbaas stated that, in most cases, they could get a detective or an unmarked car and
confine the person without chasing that individual.
Yvonne Goldsmith, 5840 Church Road, Ferndale, requested the Council complete the
task from September 29 and appoint someone to the vacancy of Senator Ann Anderson's seat.
CONSENT AGENDA
Dawson reported for Finance and Administrative Services Committee and moved
approval of items two through five. Item one was moved forward without approval pending
additional information regarding illegal immigrants. The information that was provided showed
that those individuals could not access the program.
Dawson moved approval of items one through five.
Nelson called point of order and questioned whether they would be able to address the
issue regarding the vacancy of the State senatorial seat.
Imhof stated that no one had brought the item forward.
Nelson stated that he would like to discuss the item after the Consent Agenda.
Imhof withdrew item number five.
Motion to approve items one through four carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERAGENCY AGREEMENT CONTRACT AMENDMENT BETWEEN THE
WHATCOM COUNTY HEALTH & HUMAN SERVICES DEPARTMENT AND THE
WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES TO
ACCEPT FUNDING FOR COMMUNITY ACTIVITIES BY THE OPPORTUNITY
COUNCIL, WITH STATE FUNDS IN THE AMOUNT OF $68,909 (AB98 -373)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN THE W 4ATCOM COUNTY
HEALTH & HUMAN SERVICES DEPARTMENT AND ECONOMIC AND
ENGINEERING SERVICES TO UPDATE AND REVISE THE COORDINATOR
WATER SYSTEM PLAN, IN THE AMOUNT OF $31,000 (AB98 -374)
Regular County Council Meeting, 10/27/98, Page 4
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3. RESOLUTION CANCELING UNCOLLECTABLE WHATCOM COUNTY
TELEVISION RECEPTION IMPROVEMENT DISTRICT NO. 1 ASSESSMENTS IN
THE TOTAL AMOUNT OF $3,963.74 (AB98 -375)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A BID
AWARD WITH UNISOFT INC. FOR THE PURPOSE OF ACQUIRING COMPUTERS
FOR THE PROSECUTING ATTORNEY'S OFFICE IN THE AMOUNT OF $50,320.33
(AB98 -376)
5. REQUEST APPROVAL OF COUNCIL MEMBER TRAVEL AND /OR EXPENSES
(AB98 -143I)
Imhof stated that he would like to add $100, which he paid to the Washington State
Association of Counties for tuition.
Dawson stated that, during Finance Committee, she added a luncheon that she attended.
Motion to amend carried unanimously.
Motion to approve carried unanimously.
Nelson moved to nominate Joe Elenbaas to fill the vacancy of the State 42nd District
senatorial seat, which was vacated by the resignation of Ann Anderson. He urged each
Council member to reflect that the law has outlined a process in which they replace the position
of representation to the people. That process has been completed by the parry involved. The
names that have been selected have come forward to the County Council for consideration.
Sutter stated that there was a motion for reconsideration at the previous County Council
meeting. That motion was not upheld. She questioned where the Council was procedurally and
whether they could bring it back repeatedly.
Imhof stated that it could only be brought up by one of the members who voted to not
reconsider.
Brenner moved to postpone indefinitely until the meeting following the election.
Dawson stated that she believed they have an obligation, when there is a split tie, to come
to resolution on the issue. She would like to see this resolved.
Brenner amended her motion to table for two weeks.
Hoag explained that Elenbaas brought forward information from the Sturgis Rules of
Regular County Council Meeting, 10/27/98, Page 5
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Order regarding the original meeting when the County Council had a motion to table, then had a
tie vote. The problem is that the first action that the Council took was a motion to table. There
was a majority, which was not reported correctly in the minutes. There were four members that
voted for tabling the issue. Sutter's vote was not reported in the minutes. It was tabled 4 - 3 at
the first meeting. It cannot be brought back up for reconsideration. The vote that followed, the
tie vote, was erroneous because the Council thought they had to have a super- majority to table.
The minutes were correct with the original tabling. That action was the correct legal action. It
stands until it is overturned.
(Clerk's Note: Comments by Elenbaas were made away from the microphone, and are
partially inaudible on the audiotape)
Elenbaas stated that the motion to table was invalid. They can only have a motion to
table if there is motion before the Council. There was no motion before the Council. That is laid
out in the Sturgis Rules of Order.
Imhof stated that he also read it. It is his prerogative, when it comes down to it. He
questioned Brenner whether she wanted to withdraw her motion.
Brenner stated that she did not.
Imhof stated that Council Member Hoag is correct. They were told at that time that they
needed a two - thirds majority. They only need a majority to table indefinitely.
Elenbaas stated that they did need a super - majority because it was a special order. It said
at some point later that it would become the first order of business. It is then a special order. A
special order requires a two- thirds vote.
Imhof stated that it was tabled indefinitely. There was no special order.
Nelson stated that it was not tabled indefinitely.
Elenbaas stated that an indefinite table could only be handled at the same meeting. A
motion to postpone indefinitely is for only at the same meeting.
Hoag stated to Imhof that he can't cut Elenbaas off because it is too important. She
stated to Elenbaas that they are trying to follow due process. They understand this is an
important issue to him and other people. When the candidates contacted her, she expressed that
she would like the election to determine who would fill the position because they are so close to
the election. She told him that she would support tabling the issue. If it weren't tabled, then she
would vote. If that action was taken and it was correct, then that is what they would like to stand
by. If that is not correct, then she requested Elenbaas show that. They want to do the right thing.
Regular County Council Meeting, 10/27/98, Page 6
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The Council opinion is, since the election is only one week away, to let the election determine
who the people want.
Nelson called point of order. There is discussion on the table, but there is a motion to
table.
Elenbaas stated that there are three choices on the table. The motion to table is not a
correct one. There are three types of postponement. One is definite, one is indefinite, and one is
temporary. The motion to postpone definitely he interpreted as Brenner's motion because she
specified the timeframe after the election. It was an indication that at the time they would know
who the winner would be. That means not only after the election, but when it is certified. There
can't be a motion to postpone if they cannot complete the action within the contemplated
timeframe. In other words, the certification does not take place until after the Council's 60 -day
deadline. They can't have a motion to postpone definitely. Regarding a motion to postpone
indefinitely, that means only that they will never deal with the action. The motion to postpone
temporarily means it will be done later at the same meeting. It can only be done at the same
meeting. Also, a motion to postpone carries with it some restrictions. When it relates to
government, one cannot have a motion to postpone either communications from another body or
committee reports. Those are the limits. A motion to postpone was out of order.
Imhof restated the motion to postpone for two weeks.
Nelson questioned Brenner's reason to postpone for two weeks.
Brenner responded that she was postponing until after the election.
Nelson questioned whether she disagreed with the process and how people are replaced.
Brenner stated that she did not disagree with the process. They have been given a
timeframe for this type of a situation. There will be an election in a short time and that gives
them a choice.
Motion to postpone carried 4 -2 with Dawson and Nelson opposed.
PUBLIC HEARING
1. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS WITHIN A
SCHOOL ZONE — NOOKSACK ELEMENTARY SCHOOL (AB98 -365)
Imhof opened the public hearing and, hearing no one, closed the public hearing.
Regular County Council Meeting, 10/27/98, Page 7
I Nelson moved approval.
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3 Motion carried unanimously.
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5 2. ORDINANCE CREATING THE BELLINGHAM- WHATCOM COUNTY
6 COMMISSION AGAINST DOMESTIC VIOLENCE AND ESTABLISHING
7 W14ATCOM COUNTY CODE_ (CHAPTER # TO BE ASSIGNED) (AB98 -366)
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9 Chuck Benjamin, Health and Human Services Director, spoke on the benefits of the
10 commission. This is an outcome of a summit including national speakers that addressed the
11 issue of domestic violence. It was endorsed by County Executive Pete Kremen and Bellingham
12 Mayor Mark Asmundson to jointly sponsor a domestic violence commission in Whatcom County
13 and the City of Bellingham. The cost of the commission would be shared 50150 between the
14 County and the City. It is roughly $80,000 total. He encouraged the Council to adopt this
15 commission. It would pull all the resources in the community directed at domestic violence into
16 a coordinated effort. It would give staff resources to follow through on initiative adopted by the
17 commission.
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19 Imhof opened the public hearing and the following people spoke:
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21 Janet Wynne, 607 Pleasant Bay Road, Bellingham, read a letter from the Coordinating
22 Committee of the Whatcom County Domestic Violence Task Force, which spoke in favor of the
23 commission. (Handout on file.)
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25 Foster Rose, 6623 North Park Drive, spoke on behalf of the Board of Directors of
26 Whatcom Crisis Services and requested the Council support the commission. They have an
27 agency budget of nearly $1 million dollars. They have over 200 volunteers. One of their major
28 programs is service in the field of domestic violence. He attended the domestic violence summit
29 in the spring. The conference told the story of abuse, pain, and the ripple effect throughout the
30 community. At their agency, they attempt to support the victims. They also have an educational
31 program. They need the support of the County to change the ethic in the community. People get
32 injured in these cases. His agency receives victims at the emergency room and in the outpatient
33 area. They deal with the fallout and the children. It gets frustrating if the inflow can't be
34 stopped. The way to stop the inflow is to develop a coordinated impact throughout the entire
35 community. That is why the domestic violence commission has been put together the way it has.
36 It has representatives from throughout the community, including government, large employers,
37 and community service providers. They want to stop the inflow and stop the pain. They would
38 receive $1 for every $1 put into it. This is a good deal for Whatcom County.
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40 Sue Parrott, 121 Bear Creek Lane, Bellingham, stated that she has spent nearly 20 years
41 working to end the violence. They have made progress, but there is still a long way to go.
42 People question when other people will understand what domestic violence is all about. She
Regular County Council Meeting, 10/27/98, Page 8
I doesn't feel as though anyone understands what she has been through. The key to addressing
2 and ending domestic violence is collaboration and the involvement of an entire community.
3 Domestic violence is based on a belief system that is learned and is a mirror of our culture.
4 Domestic violence is not an aberrant incidence. A small group of volunteer -based citizens will
5 not turn the problem around. In the future, an abuser would get the message that it is not
6 acceptable to yell, put down, control and monitor behavior, hit, push, slap, or force a partner into
7 sex. In order for that message to get across, all need to be involved. The City /County domestic
8 violence commission can pass the message to abusers that it is not acceptable, and can make safe
9 the victims and children. The Whatcom County Domestic Task Force has been the primary
10 vehicle for promoting a coordinated, comprehensive domestic violence plan and collaboration
11 and coordination. They have had three primary barriers in making a broad based community
12 change, including a lack of authority and legitimacy, a lack of staff and funding, and a lack of
13 key community leaders to help make the change. The role of local government is to help set
14 social policy and standards. The current laws are not enough to change behaviors. A stronger
15 message from city and county government is needed. The commission will help find creative
16 ways to change systems and responses, so that victims and their children feel safe and offenders
17 are held accountable. One in 8 women will be diagnosed with breast cancer. This problem is
18 taken seriously. 25% - 50% of women will experience a physical domestic assault in her
19 lifetime. The children are impacted also. This serious public health issue should be given more
20 public attention.
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22 Martha Gross, Whatcom County Superior Court Commissioner, spoke.
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24 (Clerk's Note: End of tape one, side A.)
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26 Gross continued by encouraging the County Council to enact the ordinance to establish
27 this commission. She deals daily with civil and criminal domestic violence cases. There are
28 many types of victims. The Courts have powerful tools, such as the no contact orders. They are
29 only effective if they are based on the best information available. The criminal justice system
30 needs to be educated on domestic violence. There were a lot of community leaders at the
31 Domestic Violence Summit. The commission would coordinate, target resources, and ensure
32 services are available to make the changes in the community.
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34 Sue Sharpe, 14 Marina Circle East, Bellingham, facilitator and coordinator for the
35 Community Health Partnership stated that she was involved in organizing the Domestic Violence
36 Summit. The proposal was put together at the Domestic Violence Summit, which was sponsored
37 by Whatcom County, the City of Bellingham, and the Community Health Partnership. There
38 needs to be a community solution with broad community commitment. The groups that were
39 involved were impressed with the Pierce County model. The intent of the commission is to form
40 a broad cross - section of community members to create a foundation of a true community
41 partnership that would include government, law enforcement, health care providers, social
42 services, local business, clergy, and citizens to implement a community based strategy. Susan
Regular County Council Meeting, 10/27/98, Page 9
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Trimingham, chair of the Community Health Partnership, supported the commission.
Manca Valum, 3169 Mt. Baker Highway, Womencare Shelter Development Manager,
member of the Coordinating Committee of the Domestic Violence Task Force, member of the
Board of Directors for the Washington State Coalition Against Domestic Violence, and citizen of
Whatcom County, read a letter from Jerry Hunter of the Mt. Baker School District, which
expressed support of the ordinance. She urged the Council to support the ordinance to provide
leadership to the community's effort to create an effective and coordinated response to the
problem of domestic violence.
Pete Kremen, 3283 North Shore Road, Bellingham, stated that County government needs
to accept obligation and responsibility for dealing with this problem in the community. The
process used to develop the proposal was sound, inclusive, and collaborative. There will be a
return on the investment in that a high percentage of those incarcerated now were once victims
of domestic violence.
Hearing no one else, Imhof closed the public hearing.
Nelson moved approval.
Dawson stated that perhaps this should be addressed during the budget process. She
would support the ordinance. The ordinance doesn't address staffing needs. There is an
expectation of getting 1 1/2 full time equivalent (FTE) employees may be difficult to fulfill.
Imhof stated that he is glad to see that it is here.
Nelson stated that he had attended seminars that demonstrate how domestic violence
victims incur substance abuse and mental health issues. These are the basics that the community
is responding to.
Brenner stated that it is impossible not to support the commission, but she shared the
concerns regarding the budget process and funding for staff. Administrative support may be
contracted out. She suggested approving the creation of the commission without committing to
funding for the administrative support personnel.
Dave Wareing, Deputy Administrator, clarified that the one -time funding is currently in
the Executive's 1999 recommended budget.
Hoag questioned the funding of a full time position and whether staffing could be done
by a half -time position only. The members should be able to accomplish their tasks with the
assistance of staff. She supported the commission and the half -time position.
Regular County Council Meeting, 10/27/98, Page 10
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Wareing stated that there is no funding obligation in the proposed ordinance.
Kremen stated that the ordinance creates language that includes flexibility in staffing and
funding levels. The recommended $39,000 is a realistic figure, but it is a decision for the
Council.
Hoag stated that no one can deny the need for domestic violence support. However, there
are shelters, programs, transitional housing, treatment programs, and other things. In creating
the commission, leadership will be provided. There is a question as to whether 1 '/2 FTE staff is
needed. It is a question of how much can be afforded, how much is effective, and how much is
more than the County needs.
Nelson questioned the location of the FTE positions. Kremen explained that they would
work under the direction of the Whatcom County Health and Human Services Department.
Nelson suggested funding the Crisis Services so they can hire the staff, instead of hiring
within the Health Department. Kremen responded that is a possibility.
Imhof stated that there are two different issues. One is establishing the commission,
which was before the Council. The financing would come back to the Council through the
Finance Committee.
Sue Sharpe explained that the ordinance is separate from the funding mechanism. The
group looked at different staffing options. They recommended the proposal that was brought
forward in the budget process. With the City's and County's support, the position would be held
in the County Health and Human Services Department and would be accountable to the
commission.
Hoag was concerned about the memo that said these people would staff the commission.
Hoag questioned what happened to the proposal that there be a notice on marriage licenses,
which indicates marriage is not a right to abuse.
Imhof stated that the determination was that it was not within the Council's jurisdiction
to include such a notice.
Sutter explained that several people have expressed that this is an investment in the
community. It is a very small investment in terms of alleviating stress on the criminal justice
system and also on the cost to broken families and broken lives.
Nelson moved an amendment to the language on packet page 209, line 4, "...the City and
County shall provide stie, staff and funding for the commission..."
Regular County Council Meeting, 10/27/98, Page 11
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Motion to amend carried unanimously.
Motion to approve amended ordinance carried unanimously.
(Clerk's Note: End of tape one, side B.)
OTHER ITEMS
1. ORDINANCE AMENDING THE 1998 BUDGET, REQUEST #9 (AB98 -367)
Dawson reported for Finance and Administrative Services Committee and stated that
there is an amended version of the ordinance, which included funding to Owens, Davies, and
Mackie.
Dawson moved approval.
Hoag explained that the funding for Mackie is funding that was already approved. It only
moves money from the general fund into the County Council fund.
Joe Elenbaas was removed from the Chambers.
(Clerk's Note: A break was taken at 8:35 p.m. Tape two was removed during the break.
Beginning of tape three.)
Motion carried 5 -1 with Brenner abstaining.
2. ORDINANCE ESTABLISHING WHATCOM COUNTY CODE 16.28, MANURE AND
AGRICULTURAL NUTRIENT MANAGEMENT (AB98 -254B)
Hoag reported for Natural Resources Committee and stated that there are two
amendments to the permanent ordinance. Those amendments are outlined in the packet. There
is also an additional amendment to section 16.28.10, "...is prohibited. (For buffer requirements
on streams, rivers, and other bodies of water, see WCC 16.16.)"
Hoag moved the additional amendment.
Motion to amend carried unanimously
Motion to approve the amended ordinance carried unanimously.
3. RESOLUTION INITIATING EMERGENCY ZONING AMENDMENTS WITHIN THE
Regular County Council Meeting, 10/27/98, Page 12
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FERNDALE UGA (AB98 -378)
Sylvia Goodwin, Planning and Development Services Planning Manager, stated that
there is an ordinance that limits rezone considerations to an annual basis. There is a provision
for emergencies. In this case, property owners have been included in the Ferndale urban growth
area (UGA). The city of Ferndale designated them as industrial. They are bordered by the city
limits on one side, which is industrial zoning. The Grandview industrial area is to the north,
there is industrial area to the west, and the freeway to the east. Their existing business can't
expand because of the zoning. This constitutes an emergency for the business because of the
need to expand and the inability to get financing. If this were initiated, it could be included with
the 1998 batch the Planning Commission is beginning to work on. She recommended approval.
Nelson questioned the use of the surrounding area. Goodwin stated that the zoning is
industrial, but the use is primarily rural.
Dawson moved approval.
Hoag questioned whether this was brought forward to the Planning Commission.
Goodwin explained that it is actually moving the issue forward to the Planning Commission
Motion carried unanimously.
INTRODUCTION ITEMS
Dawson moved acceptance of the Introduction Items.
Motion carried unanimously.
1. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 17.20, FLOOD
PREVENTION MAINTENANCE PROGRAM (AB98 -363A)
2. ORDINANCE REGARDING ESTABLISHING THE SPEED LIMIT ON EMERY
ROAD (AB98 -377)
3. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND TITLE 20 ZONING MAPS AND TEXT (AB98 -
171A)
4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR OF 1999,
PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB98 -379)
Regular County Council Meeting, 10/27/98, Page 13
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5. ORDINANCE ADOPTING THE 1999 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB98 -380)
6. ORDINANCE IN THE MATTER OF THE ADOPTION OF THE FINAL BUDGET OF
WHATCOM COUNTY FOR THE YEAR 1999 AND RESTRICTING THE
EXPENDITURE OF CERTAIN FUNDS THEREIN (AB98 -381)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Sutter stated that there is a meeting for comment on the Washington State Transportation
Plan proposal in Mt. Vernon on September 28.
Also, Development Regulations were held in Planning and Development Committee
(AB98- 169F).
She also attended a seminar on Watershed Planning and Management and has a
guidebook for getting through the ESHB 2514 process. She also attended a Council on Natural
Resources in Olympia, which was appointed to marshal through the salmon restoration plan
strategies. The County needs to compile questions for the National Marine Fisheries Service
(NMFS) and have someone from NMFS attend a committee to answer those questions. Their
expectations are unclear and there is a problem with the funding allocations.
Nelson stated that they are beginning the budget process with Regional Health
Support Network. The timeframe is the same as the Whatcom County budget process.
Chuck Benjamin, Health and Human Services Director, stated that they have fast - tracked
a decision to determine how $800,000 is to be used.
Brenner stated that she wanted the Council to reconsider the Budget request number
nine (AB98 -367). She moved to reconsider.
Motion carried unanimously.
Brenner moved to approve budget amendment number nine.
Motion carried unanimously.
Brenner requested that on packet page 176, the September 29 minutes be corrected on
line 44. Brenner moved to amend the language to state "Motion carried 4 -3 with Brown, Nelson,
and Dawson opposed."
Motion carried unanimously.
Regular County Council Meeting, 10/27/98, Page 14
2 Hoag announced that she attended the Washington State Association of Counties meeting
3 on the Governor's Salmon Strategy. There were also discussions on the Endangered Species Act
4 (ESA) during Natural Resources Committee. They are planning to have a workshop with the
5 Executive to begin planning.
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7 Hoag moved to open discussion and allow Mr. Elenbaas to explain why he thinks the
8 Council is not correct in their action.
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10 Karen Frakes, Senior Civil Deputy Prosecutor, explained that this is a parliamentary
11 procedure issue, not a legal issue.
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13 Nelson questioned whether the people can submit the nominations to the Governor if the
14 Council doesn't make a decision.
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16 Imhof stated that if the Council doesn't make a decision in 60 days, then it goes to the
17 Governor and he has 30 days to make a decision. The Council voted 4 -3 to table the issue until
18 the meeting after the election.
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20 Brenner stated that the County Council staff spent a lot of time researching the problem.
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22 Imhof asked Mr. Elenbaas to come forward and address the Council.
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24 Elenbaas explained that it is a parliamentary procedure and became a point of law when
25 the Council adopted the policy to use Sturgis Rules of Order. It became the guideline for all of
26 Council's actions. By correcting the minutes, the Council has taken away one of the legal
27 challenges. Likewise, they did not take away the next portion of the minutes, which show that
28 nominations were opened and a deadlock was created. When a deadlock is created, it is not an
29 issue that can go away. The Council cannot ignore the issue. A point of order needed to be
30 raised at the meeting by the party that feels the chair made the incorrect vote count
31 announcement. When that time passes, the issue is gone. There was a bona fide nomination.
32 They cannot cancel the action out. Once it exists and is in a deadlock, they must continue to
33 ballot on the issue until it is resolved or, in the alternative if they cannot ballot, they then must
34 choose by lot. The deadlock exists, whether anyone likes it or not. The Rules of Order don't
35 offer any alternatives.
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37 Imhof stated that they have until the 60th day to deal with the issue.
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39 Elenbaas stated that they don't. They can conduct no other business once there is a
40 deadlock. They must resolve the vote. There are no actions that can interrupt the issue.
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42 Hoag questioned the point of order that should have been straightened out at that meeting
Regular County Council Meeting, 10/27/98, Page 15
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and whether that also was true of the tie vote. Elenbaas stated that the deadlock should have
been addressed at the meeting.
Hoag stated that was also an incorrect interpretation on their part. She questioned
whether that should also have been straightened out at the last meeting.
Elenbaas stated that when there is a motion to table, it means it is postponed temporarily.
They should have stated that they would postpone definitely until after the election. A proposal
to table is a motion to postpone temporarily, which means during the same meeting. According
to Sturgis, tabling can only take place for the same meeting. Since the chair didn't state it, it
became a motion to postpone definitely. That definitely was until after the election. In addition,
a motion to postpone until after the election would signify it is a motion to wait until after the
vote is certified.
Hoag stated that he did not have to read that into the motion. It is another issue.
Hoag questioned whether, according to Elenbaas' logic, the Council could go back and
break the tie vote. Elenbaas stated that the action that was taken to correct the minutes was very
opportune. It takes away the opportunity to challenge that.
Brenner stated that Elenbaas's comments convinced her that they messed up on two
issues that night. It negates both of the things they did, and they re -did it during the current
meeting. The issue is done. There is a difference of opinion.
Sutter commented that it is correct that the Council could not postpone definitely. If the
Council postpones something temporarily and it is not brought back at the end of the meeting,
then the motion dies.
ADJOURN
The meeting adjourned at 9:10 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on January 12, 1999.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Regular County Council Meeting, 10/27/98, Page 16
4 Dana Brown - Davis, Council Clerk Robert Imhof, Council Member
Regular County Council Meeting, 10/27/98, Page 17