HomeMy WebLinkAboutCouncil April 27 19932
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WHATCOM COUNTY COUNCIL
Regular Meeting
April 27, 1993
The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. Forest
St., 2nd floor, by Marge Laidlaw, Chair.
Also present: Absent:
Barbara Brenner
Larry Harris
Ken Henderson
Bob Imhof
Dennis Vander Yacht
Dan Warner
ANNOUNCEMENTS:
Laidlaw announced that there will be a joint meeting of the City and County
Councils and Water District 10 at City Hall on April 28 at 6:30 p.m. Lake Whatcom goals
will be discussed.
Laidlaw introduced Robin Thurston, who is taking part in the "Take- Your - Daughters
to Work Day" and will be visiting with the Council tomorrow. She is a student at Fairhaven
Middle School.
OPEN SESSION
Kris Heinz, President of the Fee -Land Owners Association: (AB93 -134) She would like to
see the Council pass a resolution supporting non - Indian property owners as they fight taxes
levied within Reservation boundaries which do not benefit non - Indians. If regulations
effecting non - Indians are set up within the boundaries of the Reservation, then non - Indians
should be allowed to participate in the process. She discussed the lawsuit against Georgia
Manor. She stated that the Council should not have to be reminded that it represents non-
Indian landowners on the Reservation.
John Sibold, 1622 Euclid St.: Asked the Council for information on the traffic problem in
his neighborhood, which he had brought to the Council's attention during Open Session on
April 13. Bob Imhof is looking into this and will be discussing it in Public Services
Committee at a later date.
Marlene Dawson, 4029 Salt Spring Dr., Ferndale: She read the Council a prepared
statement (on file, AB93 -134) regarding the tribal efforts to govern non - Indian constituents.
She asked that the Council produce a position statement on the various areas of concern by
non - Indians living on the Reservation. She feels this could be a guide to help the tribes
understand what the County is willing /unwilling to accept and could also help educate
future Council Members.
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Tom Bell, 2139 Lummi Shore Rd.: (AB93 -134) Spoke to the concerns of fee land owners
and stated that the tax dollars generated from the folks living on the reservation should be
used to benefit all folks who live on the reservation, not just the Indians.
Dave Williams, 2413 Leana Road: (AB93 -134) Feels the non -Indian taxation issue is very
complex, yet very simple: is this tax legal or is it not? The land owners want to deal with
the Council on a government to government basis.
Bernice Brannan: (AB93 -134) She lives on the boundaries of the Reservation and asked the
Council if there is a zoning change in the works for her area. Council referred her to the
Planning Department and Buildings and Code.
SPECIAL PRESENTATION
1. DISCUSSION OF SECOND 1992 MOFFAT REPORT WITH
PROSECUTOR DAVE MCEACHRAN (AB92 -311B)
Topics discussed: Background of this item; the Richard Hagen matter; W.A.C.'s that
cover this area; Moffat's perception; McEachran's perception; the McAllister case; Section
20.21.03 of the Whatcom County Code; Buildings and Code's oral approval of Whatcom
Farmers Co -Op's bulk propane storage, an expansion of the non - conforming use; denial of
expansion by the Hearing Examiner; detached accessory units.
Speakers: Dave McEachran, Prosecuting Attorney; Karen Frakes, Senior Deputy
Prosecuting Attorney; Brenner; Laidlaw.
Dave McEachran's comments will be sent over in written form.
2. DISCUSSION OF TRIBAL EFFORTS TO GOVERN THE NON - INDIAN
CONSTITUENTS (AB93 -134)
Dan Gibson, Deputy Civil Prosecuting Attorney, gave some background information
on this item.
Topics Discussed: Power of the tribe to tax non - Indians on reservation;
representation on the reservation; the tax being a business tax; justification of the business
tax; where this tax originated; the question of whether there is a tax on all utilities; taxes of
non - indian residences on the reservation; this tax being applied to all subscribers of U.S.
West; subject of legal challenge; who is paying this tax; what will happen if the Council
takes a strong stand on this issue; what the Council's involvement should be in this type of
situation; dictation without representation; having a dialogue with the tribes; the tribe
operating on a different time frame than the norm; talking about "those" people and the
cultural differences; passing this question on to the Executive; the need for Council to take
a stand on this issue; dealing with land issues and water issues; the state's jurisdiction;
bringing this to the table at the Nation to Nation meeting; limitations of the agenda for the
Council Minutes, 4127193, Page 2
Nation to Nation meetings; what recourse is available for the people who are being taxed;
the need for an appeal process; the overall concerns of the non - Indians; the role of the
State Utility Transportation Commission; putting this item in Committee; question of
whether the Council has jurisdiction here.
Persons speaking: Gibson; Imhof, Hams; Warner; Brenner; Henderson; Laidlaw;
Vander Yacht.
WARNER MOVED TO REQUEST THE ADMINISTRATION TO PROMOTE A
DISCUSSION WITH THE TRIBES ON ISSUES OF CONCERN TO NON - TRIBAL,
FEE -LAND OWNERS, INCLUDING TAXATION, REGULATION,
REPRESENTATION, ETCETERA.
There was discussion on the motion.
Topics discussed: The need to be fair to both sides; the delicate process of creating
trust with the Indians; the Nation to Nation meeting; looking at the letter from the Lummi
Nation as a starting point on this issue; not jeopardizing the water and land use issues;
entering into a discussion with the Executive; sending letters to the Lummi Tribe and the
fee landowners so that they don't misinterpret what the Council does tonight.
Imhof.
Persons speaking: Brenner; Vander Yacht; Harris; Warner; Laidlaw; Henderson;
Warner's motion carried unanimously.
HENDERSON MOVED TO HAVE A LETTER SENT TO THE FEE -LAND
OWNERS ASSOCIATION ACKNOWLEDGING THEIR CONCERNS AND
REFLECTING THE DELICATE NATURE OF THE TAXATION AND REGULATION
ISSUES.
The motion carried 6 -1, with Brenner opposed.
BRENNER MOVED TO PUT THIS ITEM INTO COMMITTEE FOR FURTHER
DISCUSSION ON DEVELOPMENT OF WHAT POSITION TO RECOMMEND TO
THE COUNCIL.
There was discussion on the motion.
The motion failed 4 -3, with Vander Yacht, Brenner, and Imhof in favor.
HEARINGS
1. DECISION ON PETITION TO VACATE FOREST & SECOND STREETS,
Council Minutes, 4127193, Page 3
AND A PORTION OF FIRST STREET, FILED BY JOHN WILSON
(AB93 -087)
Laidlaw opened the public hearing.
Hearing no one, Laidlaw closed the public hearing.
Vander Yacht asked about the Engineer's report.
Whatcom County Engineer Ed Henken gave background information on this item.
VANDER YACHT MOVED APPROVAL OF THE ROAD VACATION.
The motion carried 6 -0, with Imhof out of the room.
2. RESOLUTION AUTHORIZING THE SALE OF TAX TITLE PROPERTY,
REQUEST #76 (AB93 -120A)
Laidlaw opened the public hearing.
Hearing no one, Laidlaw closed the public hearing.
WARNER MOVED APPROVAL OF THE RESOLUTION.
The motion carried 6 -0, with Imhof out of the room.
OTHER ITEMS
1. DECISION ON APPEAL OF HEARI.NG EXAMINER #CUP -0045, FILED
BY WALTER AND BEVERLY GUNDERSON (AB93 -083)
WARNER MOVED TO REMAND THIS ITEM BACK TO THE HEARING
EXAMINER TO:
1. APPLY A DIFFERENT SECTION OF THE CODE: WCC 20.42.901,
CONDITIONAL USE RURAL FORESTRY.
2. PROVIDE CLARIFICATION OF INTENSITY OF USAGE.
3. REVIEW IF THIS IS APPROPRIATELY CONSIDERED A "RESORT USE ",
AS OPPOSED TO A "CAMPGROUND ".
4. REVIEW IF THIS IS A GEOLOGICALLY HAZARDOUS AREA (FLOOD
PLAIN OR FLOOD WAY).
Council Minutes, 4127193, Page 4
Laidlaw clarified that Council discussed the matter of the Hearing Examiner's
appearance of fairness and found no merit to the accusation.
The motion carried 4 -2, with Warner and Laidlaw opposed, and Harris abstaining.
2. ORDINANCE AMENDING ORDINANCE 91 -002 CLARIFYING
MEMBERSHIP ON THE SOLID WASTE ADVISORY COMMITTEE. A
SECOND ISSUE WILL BE DEALT WITH BY MOTION THAT COULD
REVERSE TWO MEMBERS' CATEGORIES PER 3/31 LETTER FROM
SWAC (AB93 -108)
This item was held in Committee and will be rescheduled for May 11, 1993.
3. ORDINANCE ADOPTING THE 1993 UPDATE OF THE WHATCOM
COUNTY SHORELINE MANAGEMENT PROGRAM (AB93 -109)
Warner reported for Planning and Development and recommended approval of the
Ordinance.
HE SO MOVED.
The motion carried unanimously.
4. BID AWARD RECOMMENDATION FOR THE REPLACEMENT OF
LINDSAY ROAD BRIDGE, NO. 304, OVER THE SUMAS RIVER, CRP
992213, TO JIJ CONSTRUCTION IN THE AMOUNT OF $190,645 (AB93-
140)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried 6 -0, with Harris out of the room.
5. RESOLUTION ESTABLISHING COUNTY ROAD PROJECT NO. 992213
AND THE AWARD OF CONTRACT FOR REPLACEMENT OF
LINDSAY ROAD BRIDGE (AB93 -141)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried 6 -0, with Harris out of the room.
6. BID AWARD RECOMMENDATION FOR CLEANING AND PAINTING
Council Minutes, 4127193, Page 5
VARIOUS STEEL STRUCTURES TO THE LOW BIDDER, DUNKIN &
BUSH, INC., IN THE AMOUNT OF $114,411 INCLUDING TAXES (AB93-
142)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
7. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH ENVIRONMENTAL RESOURCE
SERVICES FOR HOUSEHOLD HAZARDOUS WASTE. EDUCATION
NOT TO EXCEED $40,000 (AB93 -143)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
There was discussion on the motion
Speakers: Jack Weiss, Solid Waste, Laidlaw, Henderson
The motion carried unanimously.
8. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH SOUND RESOURCE MANAGEMENT
GROUP TO CONTINUE PROMOTION OF RECYCLING PROGRAMS
FOR $55,600 (AB93 -144)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
There was discussion on the motion
The motion carried unanimously.
9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH FRED MILLER FOR CONSULTING
SERVICES TO DEVELOP AND IMPLEMENT A LOCAL WASTE
RESOURCES RECYCLING PROJECT (AB93 -145)
Henderson reported for Finance and recommended approval.
Council Minutes, 4127193, Page 6
HE SO MOVED.
The motion carried unanimously.
10. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER
INTO AN AGREEMENT WITH SOUND ACCESS FOR A SURVEY OF
PROGRAM /FACILITIES FOR ADA COMPLIANCE FOR $20,050 (AB93-
146)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
11. ORDINANCE AMENDING THE 1993 BUDGET, NO. 7 (AB93 -125)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
There was discussion on the motion.
Topics discussed: Why this money is needed; not only teaching women how to
breast feed, but also teaching nutritional value; educating low income folks; building healthy
kids in the early stages of development; working with the La Leche League; women training
women; support group development.
The motion carried unanimously.
12. ORDINANCE AUTHORIZING AN INTERFUND LOAN NOT TO
EXCEED $300,000 FROM THE WHATCOM COUNTY EQUIPMENT
RENTAL AND REVOLVING FUND TO THE WHATCOM COUNTY
CONSERVATION FUTURES FUND FOR THE PURPOSE OF
TEMPORARY FUNDING FOR A LAND ACQUISITION ON
CHUCKANUT MOUNTAIN (AB93 -127)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
There was discussion on the motion.
The motion carried unanimously.
Council Minutes, 4127193, Page 7
13. ORDINANCE AMENDING ORDINANCE 88 -63 AUTHORIZING
INVESTMENT OF EXCESS CASH IN CERTAIN FUNDS TO BENEFIT
THE SAME (AB93 -127)
Henderson reported for Finance and recommended approval.
HE SO MOVED.
The motion carried unanimously.
14. RESOLUTION ESTABLISHING POLICIES AND PROCEDURES ON
REPORTING IMPROPER GOVERNMENT ACTION AND
PROTECTING EMPLOYEES AGAINST RETALIATION IN
ACCORDANCE WITH THE LOCAL GOVERNMENT EMPLOYEE
WHISTLE BLOWER ACT (AB93 -148)
WARNER MOVED TO PUT THIS ITEM IN FINANCE AND PERSONNEL
COMMITTEE MAY 11, 1993.
The motion carried unanimously.
15. RESOLUTION AMENDING RESOLUTION 93 -01 ESTABLISHING 1993
MEETING DATES (AB92 -471A)
WARNER MOVED APPROVAL OF THE RESOLUTION.
The motion carried unanimously.
INTRODUCTION
1. RECEIPT OF APPLICATION FOR OPEN SPACE /TIMBER FILED BY
NUJUD R. MURIBY (AB93 -136)
2. ORDINANCE AMENDING ORDINANCE 91 -040 ESTABLISHING THE
HEALTH DEPARTMENT ADVISORY BOARD (AB93 -137)
3. ORDINANCE ESTABLISHING PARKING CONTROL ON LUMMI VIEW
DRIVE DURING THE ANNUAL DRYDOCKING OF THE WHATCOM
CHIEF (AB93 -149)
4. ORDINANCE AMENDING ORDINANCE 92 -077 ASSIGNING THE NON-
EXCLUSIVE FRANCHISE FROM COUNTRY CABLE TV TO
NORTHLAND CABLE PROPERTIES SEVEN LIMITED PARTNERSHIP
(AB93 -150)
Council Minutes, 4127193, Page 8
1 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
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3 Harris reported on the progress of the mediation with Water District 10 (AB92 -246).
4 All parties were present at a meeting in Seattle on April 26 where the following areas of
5 concern were discussed: How and when the watershed EIS should take place; the schedule
6 and time table for coordinating construction of the sewer and at the same time
7 accomplishing the EIS; the question of how and when hookups should go on line if there is
8 a gap between the EIS and the completion of the sewer line; how to make the agreement
9 legally binding. There will be another meeting on May 10 to review some of the options
10 folks come up with.
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12 Randy Watts, Prosecuting Attorney, stated that advantage of handling Water District
13 10's problems sooner (rather than later) is that joint financing with the City of Bellingham
14 would be available.
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16 BRENNER MOVED TO RECOMMEND THAT THE .COUNCIL WRITE A
17 LETTER TO THE GOVERNOR ASKING THAT HE VETO SECTIONS 16 AND 19 OF
18 SENATE BILL 5502 (SURFACE MINING).
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20 The motion carried unanimously.
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22 Laidlaw reported on the $90 million biennium request for Criminal Justice. The
23 request is just that, biennium. The State is not currently considering permanent funding for
24 Criminal Justice. They may take $45 million for 1994 out of motor vehicle excise tax or the
25 public works trust fund. For 1995 they may look at the same sources. Perhaps then they
26 will try to get to permanent funding.
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28 LAIDLAW MOVED THAT THE COUNCIL CONTINUE TO SUPPORT THE
29 CRIMINAL JUSTICE FUNDING EFFORTS, WRITE A LETTER TO THE 40TH AND
30 42ND DISTRICT LEGISLATORS AND TO THE GOVERNOR TO THAT EFFECT,
31 AND MAKE IT CLEAR THAT PERMANENT FUNDING IS WHAT IS NEEDED.
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33 The motion carried unanimously.
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35 Laidlaw reminded Council Members of the Lake Whatcom meeting on April 28. She
36 also asked that all Council Members get their retreat update summaries to her in writing as
37 soon as possible.
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39 Warner reported for Planning and Development Committee, reading a motion that
40 had been made by Brenner.
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42 BRENNER MOVED THAT THE COMMITTEE ASK THAT THE CONCEPT OF
43 ACCESSORY UNITS BE FURTHER EXPLORED BY THE PLANNING
44 DEPARTMENT AND THE PLANNING COMMISSION AND BROUGHT BACK TO
45 COUNCIL WITH RECOMMENDATIONS
Council Minutes, 4127193, Page 9
1 There was discussion on the motion.
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3 The motion carried unanimously.
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5 Imhof reported on the interlocal agreement between the County and the Lummi
6 Business Council regarding the Lummi Shore Road (AB92 -405).
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8 IMHOF MOVED TO ADD AN AMENDMENT TO THE INTERLOCAL
9 AGREEMENT BETWEEN WHATCOM COUNTY AND LUMMI BUSINESS
10 COUNCIL CONCERNING LUMMI SHORE DRIVE WHICH WOULD CHANGE THE
11 TIME FROM 6 MONTHS TO 8 MONTHS ON PAGE 3 OF THE AGREEMENT.
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13 The motion carried unanimously.
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15 Imhof reported that Public Works, the Army Corps of Engineers, and others
16 involved in the project would like a meeting with the Lummi Business Council and the
17 County Council on either June 23 or June 30.
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19 Jeff Monsen, Maintenance and Operations, stated that the purpose of the public
20 meeting would be to hear the alternatives for both the scope of the project and the funding
21 to repair Lummi Shore Dr. It would give the residents an opportunity to have input. The
22 result of the meeting would be to compile data pass the information on to the Councils.
23 This would not be a hearing, just a public meeting. The meeting, he said, should be held in
24 the area.
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26 Henderson reported on Northwest Regional Council. The Finance Committee will
27 set a meeting within the next two weeks.
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29 Henderson said that the budget retreat date still needs to be set.
30 Council discussed the possibility of cancelling the meeting on May 4.
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32 Woods reported on the budget amendment that the Council passed last week,
33 transferring $5,000 from the Health Department to the Prosecutors Office. The Executive
34 has concerns; that mechanism presents her with some problems in dealing with the cities
35 and the health contract. Her office may be proposing a different source for the funds.
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37 The meeting was adjourned at 9:25
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39 WHATCOM COUNTY COUNCIL
40 ATTEST: WHATCOM COUNTY, WASHINGTON
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45 wn- vis, Clerk Marge Ilidlaw, Chair
Council Minutes, 4127193, Page 10