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HomeMy WebLinkAboutCouncil July 6 19931 WHATCOM COUNTY COUNCIL 2 Regular Meeting 3 4 July 6, 1993 5 6 The meeting was called to order at 7 p.m. in the Council Chambers, 1000 N. 7 Forest St., 2nd floor, by Marge Laidlaw; Council Chair. 8 9 Also present: Absent: 10 Barbara Brenner None 11 Larry Harris 12 Ken Henderson 13 Bob Imhof 14 Dennis Vander Yacht 15 Dan Warner 16 17 READING AND APPROVAL OF MINUTES 18 19 The minutes of the June 14, 1993, minutes were approved as presented. 20 21 Harris announced that the Lake Whatcom Joint Subcommittee is meeting at 22 Bellingham City Hall, Council Chambers, on Thursday, July 8, at 1 p.m., not at 1:30 as 23 announced in the packet. 24 25 SPECIAL PRESENTATION . 26 27 1. PRESENTATION ON THE SECOND AND THIRD ARROW PROJECT 28 BY JACK WEISS, SOLID WASTE DIVISION (AB93 -264) 29 30 Weiss said the whole timber issue is about resource exploitation and job stability; 31 society is currently concerned with both the environment and the economy and it's no 32 longer a choice of one or the other, but of working the two together in a balanced 33 manner. Weiss then introduced Fred Miller, the project manager of the Arrow Projects. 34 35 Miller passed out pencils made from recycled newsprint and cardboard. The 36 container holding the pencils was made from recycled stretch belts. He demonstrated 37 many other products made from recycled materials in order to illustrate the point that in 38 order to think both resource management and job stability, new thinking, creativity, and 39 innovation are necessary. He continued his presentation by outlining the current status of 40 recycling and collection in Whatcom County and the problems faced by those working 41 with recycled materials. 42 43 OTHER ITEMS 44 45 1. RESOLUTION ADOPTING PUBLIC PARTICIPATION PROCESS FOR ,6 VISIONING (AB93 -254) 1 Vickie Matheson, Planning Department, introduced the work of the Visioning 2 Committee, its recommendations, and the members of the Committee: Dick Gilda, 3 Karen Whiting, Kurt Russo, John Hirsch, Kathy Sutter, Mike Ross, Mary Cutbill, Bruce 4 Burpee, Mona Moore, and Sharon Schayes. 5 6 Warner reported for Planning and Development and recommended approval. 7 8 HE SO MOVED. 9 10 Brenner and Harris complimented the Visioning Committee on the quality of its 11 work. 12 13 The motion carried unanimously. 14 15 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY 16 ZONING ORDINANCE, TITLE 20, TO ALLOW THE COMMERCIAL 17 EXTRACTION OF SAND AND GRAVEL KNOLLS AND RIDGES 18 AND ACCESSORY SORTING OF MATERIALS IN THE 19 AGRICULTURE DISTRICT (AB93 -214) 20 21 Warner reported for Planning and Development and recommended adoption. 22 23 HE SO MOVED. 24 25 WARNER MOVED THE FOLLOWING AMENDMENTS: 26 27 TO AMEND THE ORDINANCE TITLE BY DELETING "TO ALLOW THE 28 COMMERCIAL EXTRACTION OF SAND AND GRAVEL KNOLLS AND RIDGES" 29 AND REPLACING THAT WITH "TO ALLOW AS A CONDITIONAL USE THE 30 SALE OF SAND AND GRAVEL EXTRACTED FROM KNOLLS AND RIDGES" 31 32 TO CHANGE THE FIRST SENTENCE OF FINDINGS 1. TO READ: "THE 33 REQUEST WOULD ALLOW THE NON - COMMERCIAL SALE BY LAND 34 OWNERS OR FARMERS OF MINERAL RESOURCES REMOVED FROM 35 CERTAIN AGRICULTURE LANDS" 36 37 TO CHANGE FINDINGS 6. TO READ 'BENEFITS FROM THE REMOVAL OF 38 KNOLLS AND HILLS CONTAINING MINERAL RESOURCES SHOULD BE FOR 39 FARM ENHANCEMENT." 40 41 TO REMOVE THE WORDS "SMALL SCALE COMMERCIAL" FROM THE 42 WORDING OF FINDINGS 7. 43 44 TO ADD A NEW NUMBER 20.40.165 (1) TO READ "UNLESS PRODUCTIVITY Council Minutes, 716193, Page 2 1 AND AGRICULTURAL DISTRICTS WILL BE ENHANCED BY MINING GRAVEL 2 FROM AND REMOVAL OF KNOLLS AND RIDGES, THAT IS AN 3 INAPPROPRIATE ACTIVITY ON FARM LANDS. THIS SECTION IS NOT 4 INTENDED TO PROVIDE LANDOWNERS OR FARMERS WITH A MONEY 5 MAKING SIDE LINE OPPORTUNITY OR TO SUPPLEMENT THEIR INCOME 6 EXCEPT AS PURELY INCIDENTAL TO FARM ENHANCEMENT. NO 7 CONDITIONAL USE PERMITS SHALL BE ISSUED UNDER THIS SECTION 8 UNLESS THE RESPONSIBLE DEPARTMENT OR DIVISION ADMINISTRATORS 9 ARE SATISFIED THAT THERE IS ADEQUATE PERSONNEL FOR POLICING 10 AND ENFORCEMENT OF ALL PROVISIONS OF THE LAW AND THE PERMIT." 11 THE FOLLOWING ITEMS WILL BE RENUMBERED ACCORDINGLY. 12 13 TO CHANGE LINE .165 TO ADD AFTER "SURFACE MINING FOR FARM 14 ENHANCE PURPOSES AND ACCESSORY SORTING" THE WORDS " 15 INCLUDING INCIDENTAL SALE OF EXTRACTED RESOURCES." 16 17 TO ADD TO THE CURRENT (3), THE NEW (4), THE WORDS "SURFACE 18 MINING " BETWEEN THE WORDS "TWO CONTIGUOUS" AND "OPERATIONS." 19 20 TO ADD A NEW (11) TO READ "THE CONDITIONAL USE PERMIT 21 APPLICATION INCLUDES PROPOSED DAYS OF WEEK OPERATION AND 22 HOURS OF DAY OPERATION. THE HEARING EXAMINER MAY LIMIT ANY 23 OPERATION AS TO DAYS AND HOURS OF OPERATION." THE FOLLOWING 24 ITEMS WILL BE RENUMBERED APPROPRIATELY. 25 26 TO ADD A NEW (13) TO READ "THE OPERATION IS NOT INCONSISTENT 27 WITH THE COUNTY'S CONCERN FOR FLOOD MANAGEMENT AND WILL 28 NOT CONTRIBUTE TO NOR EXACERBATE UNDESIRED FLOODING. WHEN 29 MINING OPERATIONS ARE PROPOSED WITHIN OR ADJACENT THE 100 30 YEAR FLOOD PLAIN, THE APPLICANT MUST ALSO OBTAIN A FLOOD 31 PERMIT FROM THE COUNTY." THE FOLLOWING ITEMS WILL BE 32 RENUMBERED APPROPRIATELY. 33 34 TO CHANGE THE WORDING OF THE LAST ITEM, NOW NUMBER (15), TO 35 READ "PERFORMANCE BONDS OR OTHER MONETARY SECURITY AS 36 APPROVED BY THE PROSECUTING ATTORNEY EQUAL TO THE COST OF 37 COMPLETING THE PROPOSED RECLAMATION PLAN ARE SUBMITTED TO 38 THE COUNTY WHICH SHALL BE RELEASED WITHIN TWO YEARS AFTER 39 COMPLETION OF THE SURFACE MINING PROVIDED THE PROJECT IS IN 40 ACCORDANCE WITH THE RECLAMATION PLAN." 41 42 TO ADD A NEW DEFINITION TO READ "RECLAMATION. THE PROCESS OF 43 RECONVERTING DISTURBED LANDS TO THEIR FORMER USES OR OTHER 44 COMPATIBLE USES." Council Minutes, 716193, Page 3 1 There was discussion on the amendments. Jeff Griffin, Planning Department, 2 answered questions from Harris, Imhof, Henderson, and Brenner regarding flood 3 permits,-appraisals for suitable performance bonds, and effects of the SEPA process. 4 5 VANDER YACHT MOVED TO AMEND THE AMENDMENT BY 6 DELETING THE SENTENCE "NO CONDITIONAL USE PERMITS SHALL BE 7 ISSUED UNDER THIS SECTION UNLESS THE RESPONSIBLE DEPARTMENT 8 OR DIVISION ADMINISTRATORS ARE SATISFIED THAT THERE IS 9 ADEQUATE PERSONNEL FOR POLICING AND ENFORCEMENT OF ALL 10 PROVISIONS OF THE LAW AND THE PERMIT' FROM (1). 11 12 There was discussion on the motion to amend the amendment. 13 14 The motion carried 6 to 1 with Harris opposed. 15 16 WARNER ALSO MOVED TO CHANGE (14)(f) TO READ "OWNER 17 SUBMIT A RECLAMATION PLAN TO THE COUNTY PROVIDING FOR 18 MEASURES FOR RESTORING SOIL TEXTURE, STRUCTURE, AND ORGANIC 19 MATTER BY SUB - SOILING, FERTILIZATION, CROP SCHEDULING, AND 20 WEED CONTROL." 21 22 The motion to amend carried unanimously. 23 24 HARRIS MOVED TO AMEND THE MOTION BY REPLACING 25 "INTENSIFYING THE VALUE OF LAND FOR AGRICULTURAL PRODUCTION 26 BY..." IN THE DEFINITION OF FARM ENHANCEMENT WITH "INTENSIFYING 27 THE VALUE OF AN ESTABLISHED WORKING FARM'S LAND FOR 28 AGRICULTURAL PRODUCTION BY..." 29 30 There was discussion on the motion. 31 32 HENDERSON MOVED TO WORD THE CHANGE TO READ 33 "ENHANCING THE VALUE OF LAND ON FARMS CURRENTLY IN 34 AGRICULTURAL PRODUCTION BY..." 35 36 Harris accepted it as a friendly amendment. 37 38 IMHOF MOVED TO WORD THE CHANGE TO READ "ENHANCING THE 39 USE OF LANDS CURRENTLY IN AGRICULTURAL PRODUCTION BY..." 40 41 Harris and Henderson accepted it as a friendly amendment. 42 43 The motion failed 4 to 3. Names were not given. 44 Council Minutes, 716193, Page 4 WARNER MOVED TO AMEND THE MOTION BY DELETING THE WORDS "INTENSIFYING THE VALUE OF LAND FOR" FROM THE DEFINITION OF FARM ENHANCEMENT AND REPLACING THEM WITH THE WORD "PROMOTING." HARRIS MOVED TO AMEND WARNER'S MOTION BY ADDING THE WORD "PROPOSED" BETWEEN THE WORDS "PROMOTING" AND "AGRICULTURAL." Warner accepted it as a friendly amendment. The motion carried 6 to 1 with Imhof opposed. HARRIS MOVED TO AMEND THE MOTION BY DELETING THE WORDS "AND ACCESSORY SORTING" FROM LINE .165 AND ANY OTHER REFERENCE TO "ACCESSORY SORTING" IN THE ORDINANCE. Griffin answered questions about the value of sorting gravel at the extraction site. WARNER MOVED TO AMEND THE HARRIS MOTION TO AMEND TO LEAVE THE WORDS "AND ACCESSORY SORTING" IN LINE .165, BUT TO PLACE THEM AFTER THE WORDS "SURFACE MINING." Harris did not accept the motion as a friendly amendment. Harris's amendment failed 1 to 6 with Harris in favor. WARNER MOVED TO AMEND THE MOTION BY MOVING THE WORDS "AND ACCESSORY SORTING" IN LINE .165, PLACING THEM JUST AFTER THE WORDS "SURFACE MINING" AND TO HAVE IT READ THAT WAY WHEREVER APPROPRIATE THROUGHOUT THE ORDINANCE. The motion to amend failed 4 to 3 with Warner, Harris, and Henderson in favor. Henderson asked for clarification of (14) (g), review and approval by the Conservation District. Griffin explained and answered questions. Linda Sanders from the Soil Conservation District also answered questions. The amended ordinance carried unanimously. 3. DECISION ON MAJOR DEVELOPMENT PERMIT APPLICATION AND SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION OF JOSEPH M. SCHECKTER FOR "CHERRY POINT INDUSTRIAL PARK" (AB93 -252) Council 'Minutes, 716193, Page 5 1 Warner reported for Planning and Development which recommended that the 2 Council hold a public hearing. 3 4 HE SO MOVED. 5 6 There was discussion on the motion. Warner pointed out that the basis for any 7 decision on granting the permit rested on whether or not the application fit criteria of 8 the current zoning, not whether or not people wanted it there or its political popularity. 9 Five valid questions involve the staffs recommendation to deny the permit vs. the 10 Hearing Examiner's recommendation to approve, the legality of the Cherry Point 11 Management Unit, the Puget Sound pilots' reservations to the safety of docking in this 12 location and request for tidal current studies, the interrelationship between the two 13 proposals for building docks in the area, and the role of the Lummis in the process and 14 the decision. 15 16 Imhof spoke to the length of the process, outlining how these questions would be 17 answered during the process and that their answers would affect the direction of and 18 eventual outcome of the process. 19 20 Henderson spoke to the lengthy process of the Hearing Examiner and the input 21 he has already had on this matter, indicating that a public hearing at the Council level 22 was a duplicate of work already done; on the other hand this is an issue large enough to 23 warrant the time spent on another public hearing. 24 25 Brenner suggested returning this item to the Planning and Development 26 Committee for a public hearing on the committee level. 27 28 Harris spoke in favor of holding a public hearing because of the amount of public 29 interest in the project and because of the size of the project. He discussed the legality of 30 the Cherry Point Management Unit and the effect this project would have on that 31 legality. 32 33 Laidlaw said she favored the more informal discussion that a Committee hearing 34 would allow. Besides, she said, having the hearing at the Committee level would relieve 35 some severe time constraints. 36 37 WARNER MOVED TO RETURN THE MATTER TO THE PLANNING AND 38 DEVELOPMENT COMMITTEE FOR THEM TO ANSWER THE FIVE ISSUES 39 THAT WERE ADDRESSED ABOVE WITH THE WRITTEN RECORD KEPT 40 OPEN UNTIL THE MEETING ON TUESDAY, JULY 13, AT 1:30 P.M. 41 42 The motion carried 5 to 2 with Brenner and Harris opposed. 43 44 WORK SESSION Council Minutes, 716193, Page 6 1. ORDINANCE AMENDING COUNTY CHARTER TO BE SUBMITTED TO THE PEOPLE REGARDING DUTIES OF THE AUDITOR AND TREASURER (AB93 -220) Laidlaw and Bob Woods, Budget Analyst, explained the background for the ordinances. LAIDLAW MOVED TO FORWARD THE ORDINANCE FOR PUBLIC HEARING. Henderson reported that there was a high comfort level on the part of all parties involved in hammering out this ordinance, including Shirley Forslof, Auditor, and Barb Cory, Treasurer. Forslof reported that she supported the process but stopped short of endorsing the specific ordinance. The motion carried unanimously. 2. ORDINANCE AMENDING THE CHARTER TO BE SUBMITTED TO THE VOTERS CHANGING THE COUNTY EXECUTIVE TO AN APPOINTED COUNTY MANAGER (AB93 -221) Woods gave the background for changing to a County Manager. WARNER MOVED TO FORWARD THE ORDINANCE FOR PUBLIC HEARING. Laidlaw asked for clarification of the concept of a strong administration subject to a veto from the County Council of administrative actions. Woods clarified. Brenner explained further the reason for Council's keeping a veto option. Brenner and Woods discussed "strong" and "weak" administrations as a management differentiation. HENDERSON MOVED TO DELETE SECTION 2.70. There was discussion on the effect of veto power and administrative powers. The motion carried 6 to 1 with Vander Yacht opposed. BRENNER MOVED TO DELETE SECTION 2.24 AND CREATE SECTION 2.70 "LEGISLATIVE DIRECTIVE. ANY ACTION ON THE PART OF THE COUNTY MANAGER MAY BE CHANGED BY COUNCIL DIRECTIVE. COUNCIL DIRECTIVE IS A MAJORITY VOTE OF THE ENTIRE COUNCIL." Council Minutes, 716193, Page 7 WARNER MOVED TO AMEND THE MOTION SO THAT MAJORITY BE CHANGED TO TWO - THIRDS MAJORITY. Brenner accepted it as a friendly amendment. There was discussion on the motion. BRENNER AMENDED HER MOTION SO THAT INSTEAD OF DELETING SECTION 2.24 IN ITS ENTIRETY, REWORD THE SECTION AFTER "LEGISLATIVE FUNCTIONS OF THIS CHARTER,..." TO READ "...THE COUNTY COUNCIL STAFF AND INDIVIDUAL COUNCIL MEMBERS SHALL NOT..." The motion failed 5 to 1 with Brenner in favor and Vander Yacht absent. HENDERSON MOVED TO STRIKE SECTION 3.26. There was discussion on the motion among Henderson, Woods, Laidlaw, and Warner. The motion carried 4 to 3 with Brenner, Imhof, and Laidlaw opposed. The Council members took a five minute break at this point. HARRIS MOVED THAT IN SECTION 3.22 THE INTRODUCTORY FOUR LINES BE CHANGED TO READ SIMPLY: "THE COUNTY MANAGER SHALL HAVE THE POWER TO:" Dan Gibson, Prosecuting Attorney, and Woods answered questions. The ,motion carried unanimously. HARRIS MOVED TO CHANGE THE SECOND PARAGRAPH OF SECTION 3.21 SO THAT "A RESOLUTION OF REMOVAL SHALL BE ADOPTED BY TWO - THIRDS MAJORITY VOTE..." Brenner spoke against the motion. WARNER MOVED TO AMEND THE MOTION SO THAT THE TWO - THIRDS MAJORITY BECAME A SUPER MAJORITY. Harris accepted it as a friendly amendment. There was discussion on the meaning of "super majority" and on the motion. The motion passed 4 to 3 with Brenner, Laidlaw, and Henderson opposed. Council Minutes, 716193, Page 8 1 HENDERSON MOVED TO STRIKE THE LAST THREE LINES OF 2 SECTION 3.22 BEGINNING "THE SPECIFIC STATEMENT OF..." TO THE END OF 3 THE SECTION. 4 5 Woods and Gibson addressed the issue, explaining the ramifications of striking 6 this section. 7 8 Henderson withdrew his motion. 9 10 Laidlaw and Gibson discussed the different readings of that section and the 11 implications of changing "the" to "these." 12 13 WARNER MOVED TO INSERT THE WORD "THESE" BETWEEN "OF" 14 AND 'PARTICULAR" IN THE FINAL STATEMENT OF SECTION 3.22 SO THAT 15 IT READS "THE SPECIFIC STATEMENT OF THESE PARTICULAR 16 ADMINISTRATIVE..." 17 18 The motion carried unanimously. 19 20 Woods noted that the Treasurer should be added to the list under Section 4.30; 21 this is a scrivener's error from the Code and will be corrected when the new Code is 22 printed. 23 24 Woods explained the section on Boards and Commissions, Section 9.70. 25 26 LAIDLAW MOVED TO DELETE THE TENTH WHEREAS WHICH 27 INDICATED THE COUNTY EXECUTIVE'S APPROVAL OF THE CHANGE TO A 28 COUNTY MANAGER SYSTEM AS PER THE REQUEST OF THE EXECUTIVE. 29 30 Brenner spoke against the motion. She and Laidlaw discussed the motion. 31 32 The motion carried 5 to 2 with Imhof and Brenner opposed. 33 34 HARRIS MOVED TO DELETE SECTION 2.10. 35 36 Gibson said he couldn't think of any legislative powers the Executive had except 37 perhaps the veto power, if that could be considered legislative. Warner suggested 38 perhaps executive orders could be considered legislative powers. This was discussed. 39 40 Woods pointed out that this section is where the Council gets its power from the 41 Charter; perhaps it wouldn't be a good thing to strike the whole section, just to remove 42 the Manager from it. There was further discussion. 43 44 HARRIS CHANGED HIS MOTION TO DELETE FROM SECTION 2.10 THE Council Minutes, 716193, Page 9 WORDS "OR TO THE COUNTY MANAGER." The motion carried unanimously. BRENNER MOVED TO CHANGE THE WORD "POWER" TO "AUTHORITY" IN THE LAST LINE OF THE INTRODUCTORY STATEMENT OF SECTION 3.22. The motion carried 6 to 1 with Laidlaw opposed. BRENNER MOVED TO SUBSTITUTE THE WORD "AUTHORITY" RELATING TO THE MANAGER EVERYWHERE THAT IT SAYS 'POWER" OR "POWERS." Henderson spoke against the motion. The motion failed 5 to 2 with Vander Yacht and Brenner for. The motion to forward the amended ordinance for a hearing passed 5 to 2 with Imhof and Warner opposed. 3. ORDINANCE AMENDING THE CHARTER TO BE SUBMITTED TO THE VOTERS ESTABLISHING TERM LIMITS FOR COUNTY COUNCIL MEMBERS (AB93 -222) Woods corrected a scrivener's error on line 17 of the ordinance. The word "serve" should be "be elected to." HENDERSON MOVED TO FORWARD THE ORDINANCES FOR A PUBLIC HEARING. There was discussion on the ordinance. BRENNER MOVED TO AMEND THE ORDINANCE TO READ AN EIGHT YEAR LIMIT OF TWO CONSECUTIVE TERMS. Brenner's amendment failed 5 to 2 with Brenner and Vander Yacht in favor. The main motion failed 4 to 3 with Brenner, Vander Yacht, and Henderson in favor. 4. ORDINANCE AMENDING THE COUNTY CHARTER TO BE SUBMITTED TO THE PEOPLE REGARDING COUNTY COUNCIL SALARIES (AB93 -223) Council Minutes, 716193, Page 10 1 Woods pointed out an error on lines 5 and 6 of page 2 of the ordinance. The 2 Prosecutor's salary is specified by state law. That will be considered a scrivener's error 3 and "not" will be inserted after "is" and before "specified." 4 5 Henderson presented the thinking behind the ordinance and explained it. 6 7 HENDERSON MOVED TO FORWARD THE ORDINANCE FOR PUBLIC 8 HEARING. 9 10 Warner spoke against the proposal. 11 12 There was further discussion on the ordinance. 13 14 The motion failed 6 to 1 with Henderson for. 15 16 INTRODUCTION 17 18 1. ORDINANCE PROPOSING A CHARTER AMENDMENT TO BE 19 SUBMITTED TO THE VOTERS TO REVISE COUNCIL ELECTIONS 20 TO SOLELY VOTING BY DISTRICT (AB93 -251) 21 22 2. RECEIPT OF APPLICATION FOR OPEN SPACE /TIMBER, FILED BY 23 FERN L. POSTLEWAIT (AB93 -256) 24 25 3. RECEIPT OF APPLICATION FOR OPEN SPACE /TIMBER, FILED BY 26 JAMES T. STONE (AB93 -263) 27 28 4. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON 29 CASCADE NATURAL GAS, CU92 -2A, FILED BY DON L. BURGER 30 (AB93 -257) 31 32 REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS 33 34 Charter Review Commission (AB93 -289) Warner asked about the Charter Review 35 Commission item. Henderson said it would be coming forward soon. There was 36 discussion on the item. Warner added that he would like to see the Executive /County 37 Manager item put before the Charter Review Commission. 38 39 Funding for Soil Conservation District (AB93 -321) Henderson reported that he 40 would be receiving shortly information from the Soil Conservation District for funding. 41 He said he would be preparing an agenda item on that issue and providing Council 42 members with the necessary paper work. 43 44 No burning zone in Bellingham urban fringe area (AB93 -258) Imhof reminded Council Minutes, 716193, Page 11 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ?4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Council that that issue was scheduled for next week's Public Services and Solid Waste Committee meeting. Hiring another person to supply toilet paper (AB93 -443) Laidlaw reported that she didn't find it appropriate to hire another person to keep the toilet paper supplied in the restrooms in the Courthouse. There was discussion on the matter. Warner suggested that Laidlaw contact Mary Chisholm saying that this appears to be an extravagant use of employees and resources and that some explanation would be helpful. 1995 Police and Fire Association Games(AB93 -445) Laidlaw also reported that the Bellingham Police Association and the Fire Districts wrote asking Council for a letter of support for their 1995 games. BRENNER MOVED THAT THE CHAIR DETERMINE WHETHER OR NOT THE REQUEST IS FOR MORAL SUPPORT OR FINANCIAL SUPPORT AND REPORT BACK TO COUNCIL. Laidlaw agreed to. find out. TCI Cable's conditional use permit problems (AB93 -267) Warner handed out a copy of a resolution he had prepared to deal with this problem. WARNER MOVED THE RESOLUTION. There was considerable discussion on the resolution. Nate Brown explained Buildings and Code's position. The consensus was to wait a week on the issue, referring it to Public Services and Solid Waste Committee. Cable problems and public hearing (AB93 -444) Brenner suggested holding a public hearing to discuss the cable problems in the county, such as senior discounts within the City of Bellingham but not in the rest of the county and having the company charge for services before the services have been received by the customer. Warner suggested having the chair write a letter to the cable company outlining the concerns of the Council members and asking for an explanation. Henderson said he had materials from the cable company that he would share with members. BRENNER MOVED TO PUT THE ISSUE INTO THE PUBLIC SERVICES AND SOLID WASTE COMMITTEE FOR FURTHER STUDY AND ACTION. Henderson asked Brenner to write up what she wants and said he would be happy to schedule it. Private real estate signs on County right -of -ways (AB93 -446: Brenner asked the chair to write to the real estate companies advising them that their signs are not Council Minutes, 716193, Page 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 appropriate on public right -of -ways. Laidlaw said that was not her job; Ray Fenton is already working on the issue. Extended area phone service (AB93 -328) Brenner reported on extended area phone service and updated Council.. She asked to be appointed official Council representative rather than having her position being just Barbara Brenner, Council member. Change in scheduling by Buildings and Code (AB93 -447) Vander Yacht questioned the changes recently made and wondered how this would improve service to the public. There was discussion on asking Nate Brown for an update on this. Imhof will arrange with Brown for the update. American Water Resources meeting (AB93 -302) Harris reported on the four days he spent at the meeting. The meeting was adjourned at approximately 9:15 p.m.. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Co , Assistant Clerk Marge Laidlaw, Chair Council Minutes, 716193, Page 13