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HomeMy WebLinkAboutCouncil June 22 1993J WHATCOM COUN'T'Y COUNCIL Regular Meeting June 22, 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 READING AND APPROVAL OF MINUTES The minutes of the May 25 meeting were approved as presented. SPECIAL ITEMS 1. RESOLUTION RECOGNIZING THE COUNTY ENGINEER FOR RECEIVING THE GOOD PRACTICE CERTIFICATE FROM C.R.A.B. (AB93 -226) Topics discussed: Background on this item; State gas tax funding. Speakers: Whatcom County Engineer Ed Henken; Laidlaw. LAIDLAW MOVED APPROVAL OF THE RESOLUTION. The motion carried unanimously. 2. JOINT PROCLAMATION BY THE EXECUTIVE AND THE COUNCIL THAT THE MONTH OF JULY, 1993, IS RECYCLING APPRECIATION MONTH IN RECOGNITION OF WHATCOM COUNTY'S RECENT AWARD FROM THE DEPARTMENT OF ECOLOGY AS THE BEST LARGE GOVERNMENT RECYCLING PROGRAM (AB93 -228) Topics discussed: Background on this item; thanks to the Council, both present and previous, and the County Executive for their support in the various recycling programs being carried out in Whatcom County; the different programs available in recycling; solid waste revolution; recycling appreciation month; the proclamation (on file, AB93 -228); community involvement. Speakers: Waste Reduction /Recycling Coordinator Jack Weiss; Laidlaw. 2 WARNER MOVED APPROVAL OF THE JOINT PROCLAMATION. 3 4 The motion carried unanimously. 5 6 OPEN SESSION 7 8 Frank Winslow, 433 17th St.: Spoke to the reorganization (AB93- 391B); would like to 9 see a Human Services department with the reorganization plans. Spoke to the Northwest 10 Regional Council Interlocal Agreement (AB93 -138); would like to see the AD HOC Committee 11 continue to deal with the problems of the aging. 12 13 Sheila Larson, 1544 Churchill Rd.: Wanted clarification on whether this closure would 14 be restriction of Roosevelt east or west of Tyee (AB92 -242) Ed Henken clarified that the 15 closure would be restriction of Roosevelt west of Tyee. Larson pointed out that access to 16 Sunrise Terrace had not been dealt with in the plans of reordering the traffic patterns. 17 18 Josselyn Winslow, 433 17th St.: Stated that she feels that it is very important that all 19 folks to be aware of how the supporting funds are being used by the Northwest Regional 20 Council, particularly in terms of staff travel and publications. She detailed travel expenses 21 within the last year and questioned who approved this, noting that after communicating with 22 Shirley Van Zanten, Executive, Winslow decided that the Executive had no interest in 23 managing. Winslow suggested that more attention should be paid to what's going on in NWRC 24 and that all travel should be done only through pre- approved vouchers. She asked the Council 25 to take control of NWRC. O 27 Nelda Sigurdson, Ferndale Road: (AB93 -227) She decided to hold her remarks until the 28 public hearing on the Coordinated Water System Plan later in the meeting. 29 30 Lesa Starkenberg, Whatcom Sand and Gravel Association: Spoke to AB93 -215. She 31 stated that Whatcom Sand and Gravel Association was interested in rock crushing as a 32 conditional because, while this use had been included as part of the Title 20 changes done last 33 year, the Planning Commission had deleted it. Since an MRL overlay district has been created 34 by the Council, since only a handful are in the agricultural zone, and since most of these do 35 have rock crushers, this would facilitate economical mining for those in business. 36 37 HEARINGS 38 39 1. ORDINANCE AMENDING EXISTING COUNTY ORDINANCE 92 -88 40 ESTABLISHING 1993 FEE SCHEDULE FOR THE WHATCOM COUNTY 41 HEALTH DEPARTMENT (AB93 -211) 42 43 Laidlaw opened the public hearing. 44 45 Hearing no one, Laidlaw closed the public hearing. Council Minutes, 6122193, Page 2 WARNER MOVED APPROVAL OF THE ORDINANCE. The motion carried unanimously. 2. ORDINANCE AMENDING NO. 89-103, AN ORDINANCE ESTABLISHING WHATCOM COUNTY'S FERRY RATES (AB93 -152A) This hearing was postponed until July 13 to allow for re- advertising. 3. DECISION ON PETITION FOR VACATION OF A PORTION OF PATTON ROAD, FILED BY LINDA HELGESON (AB93 -159) Laidlaw opened the public hearing. Whatcom County Engineer Ed Henken gave some background information on this road vacation. The petitioner, Linda Helgeson, stated that she would be available to answer questions. Hearing no one else, Laidlaw closed the public hearing. IMHOF MOVED APPROVAL OF THE ROAD VACATION The motion carried unanimously. 4. DECISION ON PETITION FOR VACATION OF A PORTION OF FIRST STREET FROM FOREST TO CASTOR STREET, FILED BY J.R. & MARGARET ROOT (AB93 -161) Laidlaw opened the public hearing. Hearing no one, Laidlaw closed the public hearing. WARNER MOVED APPROVAL OF THE ROAD VACATION. The motion carried unanimously. 5. REVIEW OF THE WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN (CWSP) WITH POSSIBLE ADOPTION OF THE RECOMMENDATIONSIY THE STAFF REPORT (AB93 -227) Topics discussed: Background information; proposing two motions when dealing with this item; the main goals of the CWSP; consistencies and process; the appeal process; concerns of the Birch Bay Water and Sewer District (outlined in a letter from D.P. Sizemore, on file, AB93 -227); disputed areas; involvement of the Department of Health; expansion into disputed Council Minutes, 6122193, Page 3 I areas. 2 3 Speakers: Gordon Rogers, Planning; Dan Taylor, Planning Director; Laidlaw; Brenner; 4 PUD Manager Tom Anderson. 5 6 Laidlaw opened the public hearing. 7 8 Nelda Sigurdson, Ferndale St.: She stated that if it isn't broken don't fix it. She does 9 not feel that Whatcom County should have only one source of water. Further, it's disastrous 10 to have so many rules and regulations that people can't even go out and fix their own lines. She 11 asked the Council if they knew how much this study has cost and how expensive it is going to 12 be for small associations. She asked the Council for its help in maintaining the small water 13 systems, in permitting them the freedom to serve their constituents, and in keeping the 14 regulations few and simple. 15 16 Pat Sizemore, District Manager of the Birch Bay Water and Sewer District ( BBWSD): 17 Stated that BBWSD has been working with Whatcom County to solve some of the Water 18 problems. He presented a map which showed the proposed growth boundaries for the City of 19 Blaine and described the problems Blaine would face serving this area. He asked how BBWSD 20 fits into Growth Management and the urban growth plans. He presented a letter to Council 21 Members (on file AB93 -227). Taylor explained that under Growth Management the cities 22 would be expected to provide these services, and in Whatcom County some of these decisions 23 for growth boundaries were going to be tough ones; it's too soon to predict with any accuracy 24 what will actually take place. 25 26 Tom Anderson: The PUD has acted as the leader of this plan for the last two years. 27 He reported that their many meetings on this issue and that the meetings produced many great 28 and useful results. He feels that there has been good effort put into this and that a lot of work 29 has gone into this plan. He thanked many of those involved in coming up with this plan. He 30 supports sending this plan on to the state. 31 32 Linnea Smith, 2808 Leward Way: Thanked the PUD for leading the process and staying 33 at the front of the issue. She supports the Hearing Examiner appeal process, rather than only 34 being able to go to the state. She was concerned with two issues: (1) the definition of what 35 constitutes public water, and (2) the Sea Water intrusion portion. 36 37 Debbie Kingsley, PUD: Explained the sea water intrusion matter and why it needs to 38 be worded as it is. 39 40 Hearing no one else, Laidlaw closed the public hearing. 41 42 WARNER MOVED (A) THAT THE COUNCIL FINDS THE CWSP NOT 43 INCONSISTENT WITH ADOPTED LAND USE PLANS, THE SHORELINE MASTER 44 PROGRAM, AND DEVELOPMENT POLICIES AS CURRENTLY DEFINED; AND (B) 45 THAT THE COUNCIL RECOMMENDS TO THE ADMINISTRATION THAT THE Council Minutes, 6122193, Page 4 1 OFFICIAL WHATCOM COUNTY ZONING ORDINANCE BE AMENDED, ADDING A 2 NEW SECTION, SECTION 20.92.210 (15) HEARING EXAMINER DUTIES AND 3 POWERS - FINAL DECISIONS GIVING THE WHATCOM COUNTY HEARING 4 . EXAMINER AUTHORITY TO HEAR APPEALS OF WATER SERVICE AREA 5 DECISIONS BY THE WATER UTILJTY COORDINATING COMMITTEE (WUCC) AS 6 SPECIFIED IN THE CWSP. 7 8 The motion carried unanimously. 9 10 6. ORDINANCE ORDERING THE CLOSURE OF THE ALLEY LYING 11 SOUTH OF LOT 9, BLOCK 3, TOWN OF DEMING AT ITS KAREN 12 STREET END (AB93 -207) 13 14 Laidlaw opened the public hearing. 15 16 Debbie Beebe, petitioner: Stated that there is alot of traffic, both vehicular and foot, 17 traveling through this alley at all hours of the day and night. Children bounce balls against the 18 walls of her home, which is situated on the alley, and she has had to replace many windows 19 over the years. Would greatly appreciate the approval of this vacation. 20 21 Susan Lamb, Deming Postmaster: Has no objections to the closure of this alley. 22 23 Hearing no one else, Laidlaw closed the public hearing. 24 25 Imhof reported for Public Services and Solid Waste and recommended approval of the 26 ordinance. 27 28 HE SO MOVED. 29 30 The motion carried unanimously. 31 32 OTHER ITEMS 33 34 1. DECISION ON APPEAL OF HEARING EXAMINER'S DECISION ON 35 HEARING EXAMINER FILE NO. APL 93 -0006, PAPETTI DOCK, FILED 36 BY DOMINIC PAPETTI (AB93 -196) 37 38 WARNER MOVED TO UPHOLD THE HEARING EXAMINER'S DECISION. 39 40 The motion carried unanimously. 41 42 2. BID AWARD RECOMMENDATION FOR TEN -YARD DUMP TRUCKS TO 43 THE LOWEST RESPONSIVE BIDDER, MORGAN - JOHNSON WESTERN 44 STAR FOR $168,206.91 FOR TWO TRUCKS OR $2259898.04 FOR THREE 45 TRUCKS, INCLUDING TRADE -IN AND SALES TAX (AB93 -229) Council Minutes, 6122193, Page 5 Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 3. REQUEST TO REJECT ALL BIDS RECEIVED FOR THE RECONSTRUCTION OF TYEE DRIVE (CRP 992236) DUE TO BEING OVER ESTIMATE AND OVER BUDGET (AB93 -230) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 4. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE FROM 7/1/93 TO 6/30/94 FOR SPACE AT THE 909 LAKEWAY BUILDING FOR THE DEVELOPMENTAL DISABILITIES DEPARTMENT AT A RENTAL RATE OF $853.33 PER MONTH (AB93 -231) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 5. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A FIVE -YEAR LEASE AGREEMENT FOR A MORGUE FACILITY (AB93 -232) Henderson reported for Finance and recommended approval. HE SO MOVED. There was discussion on the motion. Topics discussed: The formal bid process; cost of the equipment; the budget amendment; the lease. Speakers: Deputy Administer Tom Sutberry; Henderson; Woods; Warner. Laidlaw. The motion carried 5 -2, with Laidlaw and Brenner opposed. 6. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER Council Minutes, 6122193, Page 6 INTO AN AGREEMENT FOR DIVERSION SERVICES TO NORTHWEST YOUTH SERVICES FOR THE STATE BIENNIAL YEARS 1993 -1995 AND 1995 -1997, BEGINNING JULY 1, 1993 (AB93 -235) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 7. BID AWARD RECOMMENDATION FOR CEDARVILLE LANDFILL PHASE 2 CLOSURE IMPROVEMENTS TO THE LOW BIDDER, STRIDER CONSTRUCTION, FOR $306,289, INCLUDING SALES TAX (AB93 -236) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0, with Vander Yacht out of the room. 8. REQUEST FOR AUTHORIZATION TO PURCHASE AN ADDITIONAL 1,050 COMPOSTING BINS FROM RECYCLED PLASTICS MARKETING AT A COST OF $28,381.50 (AB93 -237) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0, with Vander Yacht out of the room. 9. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH EPICENTER ASSOCIATES FOR $17,800 (OF WHICH . 50% IS REIMBURSABLE BY A DOE GRANT) TO COMPLETE THE 1993 WHATCOM COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN (AB93 -238) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried 6 -0, with Vander Yacht out of the room. 10. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH ENVIRONMENTAL RESOURCE SERVICES FOR THE ESTABLISHMENT. OF A REUSABLE MATERIAL Council Minutes, 6122193, Page 7 EXCHANGE FACILITY (AB93 -239) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 11. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT EXTENSION FOR THE THIRD ARROW PROJECT WITH FRED MILLER FOR $18,000 (AB93 -240) Henderson reported for Finance and recommended approval. HE SO MOVED. The motion carried unanimously. 12. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY PROPERTY AND THE SETTING OF DATE FOR PUBLIC HEARING THEREON PURSUANT TO WCC 1.10 (DAMAGED VEHICLES) (AB93 -233) Henderson reported for Finance and recommended due pass. HE SO MOVED. The motion carried unanimously. 13. RESOLUTION IN THE MATTER OF SETTING A DATE FOR PUBLIC HEARING FOR DECLARING CERTAIN COUNTY -OWNED PROPERTY SURPLUS PROPERTY PURSUANT TO RCW 36.34.020 (EUCLID PARK PROPERTY) (AB93 -234) Henderson reported for Finance and recommended due pass. HE SO MOVED. The motion carried unanimously. 14. RESOLUTION SETTING HEARING AND NOTICE OF HEARING ON DONATION OF COUNTY -OWNED PROPERTY REQUEST NO. 77 (AB93- 241) Henderson reported for Finance and recommended approval. Council Minutes, 6122193, Page 8 HE SO MOVED. The motion carried unanimously. 15. RESOLUTION SUPPORTING WHATCOM COUNTY'S CONTRIBUTION FOR THE HISTORIC MOUNT BAKER THEAT`ER RESTORATION PROJECT (AB93 -206) Henderson reported for Finance and recommended approval. HE SO MOVED. There was discussion on the motion. The motion carried unanimously. 16. RESOLUTION STATING COUNCIL GUIDELINES FOR 1994 BUDGET (AB93 -176A) Henderson reported for Finance and stated that this item was being brought forward to the full Council without a recommendation from the Committee. Woods stated that in line 4, page 155 of the packet, "enforcement" should read "auditing" and "collections" should read "assessments." WARNER MOVED THE ADOPTION OF THE RESOLUTION. Warner questioned page 3 of the resolution (page 155 of the packet) about current expense subsidies to the Parks and Health Departments. Line 5 should read that these be maintained at their present levels except for inflation increases. He suggested amending line 5 by adding "except for inflation increases." Warner explained his position. Woods stated that this applies to the subsidies, not the additional revenues that the departments might find. WARNER MOVED TO ADD "EXCEPT FOR INFLATION INCREASES AS APPROPRIATE" TO LINE 5, PAGE 3. The motion carried unanimously. IMHOF MOVED TO AMEND 317, LINE 4, PAGE 155 OF THE PACKET, TO CHANGE "ENFORCEMENT" TO "AUDITING" AND "COLLECTIONS" TO "ASSESSMENTS." The motion carried unanimously. Council Minutes, 6122193, Page 9 LAIDLAW MOVED TO ADD TO THE END OF LINE 6 "TO INCLUDE A MISSION STATEMENT AND PERFORMANCE MEASURES AND OBJECTIVES." The motion carried unanimously. Council discussed criminal justice system, the road fund, more support from the City of Bellingham, and a potential sales tax. IMHOF MOVED TO CHANGE 1)A TO READ "INCREASE SUPPORT OF CRIMINAL JUSTICE OPERATIONS." TO MAKE 3)A) READ "SECURE APPROPRIATE COMPENSATION FROM THE CITY OF BELLINGHAM FOR SPECIAL CRIMINAL JUSTICE SERVICE LEVELS PROVIDED BY THE COUNTY." AND TO CHANGE THE LETTERING OF THE ITEMS IN 3) SO THAT ALL REMAIN. The motion carried unanimously. IMHOF MOVED TO CHANGE 3)B) BY REPLACING THE WORD "INCREASE" WITH THE WORD 'REVISIT." The motion carried unanimously. The amended resolution carried unanimously. 17. ORDINANCE - ASSIGNMENT AND CLARIFICATION OF MUTUAL AUTHORITY AND RESPONSIBILITY REGARDING THE CONDUCT OF THE NORTHWEST WASHINGTON FAIR (AB93 -208) Henderson reported for Finance and recommended adoption. HE SO MOVED. There was discussion on the motion. Topics discussed: The question of whether this is the best possible arrangement for both parties; background information on the Fair; funding for the Fair; some of the reasons why the Fair wishes to separate from the County. Speakers: Henderson; Ron Vander Yacht, Fair Board Member. The motion to adopt the ordinance carried 6 -1, with Henderson opposed. 18. ORDINANCE AMENDING ORDINANCE 92 -040 APPROVING AND CONFIRMING THE FINAL RATES AND CHARGES ROLL FOR THE LAKE SAMISH LAKE MANAGEMENT DISTRICT NO. 1 (AB93 -209) Council Minutes, 6122193, Page 10 Henderson reported for Finance and recommended adoption. HE SO MOVED. The motion carried unanimously. 19. ORDINANCE AMENDING ORDINANCE 93 -021 AUTHORIZING INVESTMENT OF EXCESS CASH IN CERTAIN FUNDS TO BENEFIT THE SAME (AB93 -210) Henderson reported for Finance and recommended adoption. HE SO MOVED. The motion carried unanimously. 20. ORDINANCE, SUPPLEMENTAL AMENDMENT NO. 9 TO THE 1993 BUDGET (AB93 -212) Henderson reported for Finance and recommended adoption. HE SO MOVED. There was discussion on the motion. The motion carried unanimously 21. EMERGENCY ORDINANCE REGARDING DISPOSAL OF INDIGENT HUMAN REMAINS (AB93 -219A) HENDERSON MOVED APPROVAL OF THE ORDINANCE The motion carried unanimously. 22. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO ALLOW THE COMMERCIAL EXTRACTION OF SAND AND GRAVEL KNOLLS AND RIDGES AND ACCESSORY SORTING OF MATERIALS IN THE AGRICULTURE DISTRICT (AB93 -214) This item was held in Planning and Development Committee. 23. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, AGRICULTURAL DISTRICT, CHAPTER 20.40 TO ALLOW ROCK CRUSHING AS A CONDITIONAL Council Minutes, 6122193, Page 11 USE WHEN WITHIN A MINERAL RESOURCE LAND (MRL) OVERLAY DISTRICT (AB93 -215) Warner reported for Planning and Development and recommended adoption. HE SO MOVED. There was discussion on the motion. Topics discussed: Public concerns regarding rock crushing and the gravel industry in general; the effects of allowing rock crushers as a conditional use within a mineral resource area; problems created when transporting rock crushers from one area to another; reasons why an ordinance like this one is needed to protect the publics interest. Speakers: Harris; Brenner; Imhof; Laidlaw; Jeff Griffin, Planning. The motion to adopt the ordinance carried 6 -1, with Harris opposed. 24. APPLICATION FOR A PLANNED UNIT DEVELOPMENT FILED BY HARBORVIEW DEVELOPMENT CORPORATION, FOR HARBOR LIGHTS RESIDENTIAL COMMUNITY (HE FILE NUMBERS PUD92 -3, SHS92 -1) (AB93 -225) Warner reported for Planning and Development and recommended approval of the application as recommended by the Hearing Examiner. HE SO MOVED. There was discussion on the motion. The motion carried unanimously. 25. ORDINANCE ESTABLISHING WHATCOM COUNTY VOTING PRECINCTS (AB93 -216) Imhof reported for Public Services & Solid Waste and recommended adoption. HE SO MOVED. The motion carried unanimously. 27. DECISION ON AMENDED NORTHWEST REGIONAL COUNCIL INTERLOCAL AGREEMENT (AB93 -138) This item was taken after item 28. Council Minutes, 6122193, Page 12 Henderson reported for AD HOC and recommended approval. HE SO MOVED. HENDERSON MOVED THE FOLLOWING AMENDMENT: MAKE A NEW SECTION III.F. TO READ" "THE NWRC MAY ADMINISTER ADDITIONAL PROGRAMS UPON APPROVAL OF THE NWRC FOR THE INDIVIDUAL OR COLLECTIVE BENEFIT OF THE MEMBER COUNTIES." The motion to amend carried unanimously. HENDERSON MOVED THE FOLLOWING AMENDMENT: TO REDUCE THE NUMBER OF REPRESENTATIVE MEMBERS FROM ISLAND, SAN JUAN, AND SKAGIT COUNTIES TO ONE COUNTY COMMISSION AND LEAVE WHATCOM COUNTY AT TWO OFFICIALS. The motion to amend carried unanimously. HENDERSON MOVED THE FOLLOWING AMENDMENT: TO STRIKE THE WORD "UNANIMOUS" FROM THE LAST LINE OF PARAGRAPH V. BRENNER MOVED TO ADD "A SIMPLE MAJORITY VOTE" IN PLACE OF THE WORDS "UNANIMOUS VOTE." Henderson accepted it as a friendly amendment. The motion to amend carried unanimously. HENDERSON MOVED TO ADD TO VI.D. "REPRESENTATIVES APPOINTED BY EACH COUNTY TO SUCH BOARDS OR COMMITTEES OR TASK FORCES SHALL BE APPOINTED ACCORDING TO EACH COUNTY'S USUAL AND CUSTOMARY METHOD OF APPOINTMENTS FOR TERMS TO BE DETERMINED BY EACH INDIVIDUAL COUNTY'S CODE. IN NO CASE SHALL A REPRESENTATIVE BE APPOINTED TO A TERM WHICH WOULD RESULT IN MORE THAN TWELVE CONSECUTIVE YEARS ON ANY SUCH BOARD, COMMITTEE, OR TASK FORCE." WARNER MOVED TO CHANGE TWELVE YEARS TO EIGHT YEARS. Warner's amendment carried unanimously. The motion carried unanimously. HENDERSON MOVED TO CHANGE THE WORDING OF SECTION 6E TO READ "UNLESS REQUIRED BY STATE OR FUNDING SOURCES, FUNDING SHOULD BE APPORTIONED BASED ON NEEDS OF THE TARGET GROUP Council Minutes, 6122193, Page 13 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 POPULATION IN THE RESPECTIVE COUNTIES OR ON POPULATION WHERE THE PROGRAM IS NON - SPECIFIC." The motion carried unanimously. HENDERSON MOVED TO CHANGE 6F SO THAT "SHALL" BECOMES "SHOULD" REFLECTING INTENT RATHER THAN MANDATE. The motion carried unanimously. HENDERSON MOVED THAT, BASED ON THE CHANGES IN MEMBERSHIP, WHERE APPROPRIATE QUORUM NUMBERS BE CHANGED TO 4 DELEGATES, AND IN ITEM IX.B. CHANGE THREE - QUARTER AFFIRMATIVE VOTES TO FOUR AFFIRMATIVE VOTES. The motion carried unanimously HENDERSON MOVED TO WORD SECTION XI.B. TO READ AS FOLLOWS: "DISSOLUTION. THE COUNCIL MAY BE TERMINATED BY A VOTE OF FOUR (4) DELEGATES OF THE COUNCIL. UPON TERMINATION OF THIS AGREEMENT, ALL PERSONAL PROPERTY HELD BY THE NWRC FOR CARRYING OUT THE PURPOSES OF THIS AGREEMENT, UNLESS BY GRAND REQUIREMENTS OR OTHER AGREEMENT THAT THE PROPERTY MUST BE DISPOSED OF IN ANOTHER WAY, SHALL BE TRANSFERRED TO THE COUNTIES PARTY TO THIS AGREEMENT AT THE TIME OF THE DISSOLUTION AND SHALL BE DISTRIBUTED BASED PROPORTIONALLY ON A FORMULA TO INCLUDE POPULATION OF THE MEMBER COUNTIES." The motion carried unanimously. The motion to approve the amended agreement carried unanimously. 28. KENDALL GROCERY GRANT APPLICATION TO THE POLLUTION LIABILITY CONTROL AGENCY TO REPLACE AND UNDERGROUND TANK (AB93 -218) This item was taken before item 27. Imhof reported for Public Services & Solid Waste and recommended adoption. HE SO MOVED. The motion carried unanimously. INTRODUCTION Council Minutes, 6122193, Page 14 1. ORDINANCE AMENDING THE TEXT OF THE WHATCOM COUNTY ZONING ORDINANCE EXPANDING USE OF AIRCRAFT LANDING AREAS TO ALLOW OPERATION OF AIRCRAFT FOR PERSONAL USE IN THE AGRICULTURE AND RURAL ZONES AS A CONDITIONAL USE, AND TO ADD SECTIONS ALLOWING AIRCRAFT LANDING AREAS AS A CONDITIONAL USE IN THE RURAL FORESTRY AND COMMERCIAL FORESTRY ZONES AND AS AN ACCESSORY USE IN THE COMMERCIAL FORESTRY ZONES (AB93 -213) 2. ORDINANCE REGARDING THE ANNEXATION OF CERTAIN PROPERTIES NEAR THE YEW STREET ROAD AREA INTO FIRE PROTECTION DISTRICT NO. 10 (AB93 -180) 3. ORDINANCE AMENDING COUNTY CHARTER TO BE SUBMITTED TO THE PEOPLE REGARDING DUTIES OF THE AUDITOR AND TREASURER (AB93 -220) 4. ORDINANCE AMENDING THE CHARTER TO BE SUBMITTED TO THE VOTERS CHANGING THE COUNTY EXECUTIVE TO AN APPOINTED COUNTY MANAGER (AB93 -221) 5. ORDINANCE AMENDING THE CHARTER TO BE SUBMITTED TO THE VOTERS ESTABLISHING TERM LIMITS FOR COUNTY COUNCIL MEMBERS (AB93 -222) 6. ORDINANCE AMENDING THE COUNTY CHARTER TO BE SUBMITTED TO THE PEOPLE REGARDING COUNTY COUNCIL SALARIES (AB93- 223) 7. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 (DAMAGED VEHICLES) (AB93 -233A) 8. RESOLUTION TO DONATE COUNTY -OWNED PROPERTY (TO THE DEPARTMENT OF NATURAL RESOURCES), REQUEST NO. 77 (AB93- 241A) 10. RESOLUTION IN THE MATTER OF THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 (EUCLID PARK PROPERTY) (AB93 -234A) 11. ORDINANCE ORDERING THE PARTIAL CLOSURE AND TRAFFIC RESTRICTION OF ROOSEVELT ROAD BETWEEN TYEE DRIVE AND A POINT 250 FEET WEST OF TYEE DRIVE IN POINT ROBERTS, WASHINGTON (AB93 -242) Council Minutes, 6122193, Page 15 1 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 27 28 29 30 31 32 33 34 35 36 37 38 39 12. ORDINANCE AMENDING THE 1993 BUDGET, REQUEST #10 (AB93 -243) 13. ORDINANCE AUTHORIZING DEVELOPMENT STANDARDS, THEIR FORMAT AND PROCEDURE (AB93 -244) REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Lummi Shore Dr. meeting (AB93 -147): Imhof reminded Council members about the meeting with the Lummi Tribe regarding Lummi Shore Drive on Wednesday evening. Burning Ban (AB93 -25): Imhof shared a letter from the Northwest Air Pollution Authority regarding expanding the burning ban into the whole County. Public Services and Solid Waste will be discussing it 7/13. Pt. Roberts Transportation (AB93 -242): Laidlaw asked Council to note the numerous letters received on this issue. Laidlaw reviewed the agenda for the July 6 council meeting. Laidlaw reported that the Association of Counties is asking all Counties to write a letter members of Congress in support of HR 1181 which deals with payment in lieu of taxes. If she hears no objection, she will write the letter. She and Warner discussed the issue. Warner objected. Lake Whatcom Watershed Committee(AB93 -202): Harris reported that the Joint Lake Whatcom Management Subcommittee has met twice,and that the Executive has agreed to allow Sue Blake and other staff meet with the committee once a month to discuss Lake Whatcom issues. The meeting was adjourned at 10:00. ATTEST: ara o is, Assi Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marge Lzffidlaw, Chair Council Minutes, 6122193, Page 16