Idea Transcript
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WHATCOM COUNTY COUNCIL Regular Council Meeting January 26, 1999 The meeting was called to order at 7:10 p.m. by Marlene Dawson, Council Chair, in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Also Present: Kathy Sutter Robert Imhof L. Ward Nelson Connie Hoag Tom Brown
Absent:
ANNOUNCEMENTS Dawson announced that, during Committee of the Whole, there was an update from Whatcom County Water Resource Planner Sue Blake on Lake Whatcom management and discussion of the resolution adopting the 1999 Lake Whatcom Management Program (AB99-056) and an update from Whatcom County Public Works Director Jeff Monsen regarding salmon recovery efforts (AB99-055) SPECIAL ORDER OF BUSINESS COUNCIL TO APPOINT ONE MEMBER TO CANVASS THE REGULAR, SPECIAL, AND QUESTIONED ABSENTEE BALLOTS FROM THE SPECIAL PRIMARY ELECTION TO BE HELD ON FEBRUARY 2, 1999. THE CANVASS WILL BE HELD ON FEBRUARY 10 AT 9:00 A.M. AND FEBRUARY 12 AT 2:00 P.M. (IF NECESSARY, AN ADDITIONAL MEETING WILL BE HELD ON FEBRUARY 11 AT 9:00 A.M.) Imhof volunteered for February 10, 1999. Sutter volunteered for February 12, 1999. Hoag stated that the reason Council Member Brenner was going to be late to the meeting was because her son was being inducted into the Ferndale National Honor Society. OPEN SESSION Don Flescher, 881 Bennett Road, questioned whether there will be discussion regarding guns in parks. Dawson responded that was scheduled for a public hearing. Marian Beddill, 3600 Seeley, Bellingham, stated that the Lake Whatcom Management Plan is scheduled for discussion. Out of the 23 goals, virtually all of the funds and efforts are going to only one goal, ignoring the other 22. That goal is the stormwater management plan. In Regular County Council Meeting, 1/26/99, Page 1
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the plan and the related contract, there is a potential conflict of interest on the part of a contractor. One of the indicated subcontractors was recently on the Water District #10 Board of Directors and expressed concerns that were not consistent with protection of the Lake Whatcom environment and water. She recommended that the Council either direct the contract to decline the services of the individual as a consultant, or make sure that public involvement is very open and carefully followed. There have been numerous statements by Council members and staff regarding plans and programs for the justification of building more homes, sewer systems, and roadways in the Lake Whatcom watershed. In spite of those actions, there have not been statements that explain or indicate the actions to be taken to protect the Lake Whatcom water quality when those construction activities and development activities take place. She requested policy statements that justify, when the Lake Whatcom water quality has been lost, what will be the source of drinking water for the City of Bellingham and where the money would come from to reverse the low water quality of the Lake. More roadways mean more homes in the watershed. Sherilyn Wells, 1020 Geneva, Bellingham, echoed Beddill’s comments. The stormwater contract does not meet the criteria for a comprehensive environmental impact statement (EIS), which is still missing for the Lake Whatcom watershed. There is an emphasis on ambient water quality data, which is not recognized as being the most effective process for determining water quality. This is clearly a public health issue, however the Public Health Officer is not mentioned in the document. There is a bias towards structural stormwater controls. There is a redundancy of investigation. The State Department of Ecology has established an oxygen deficit trend in the lake. There is a conflict of interest that Beddill pointed out. She forwarded the contract to Dr. Richard Horner, who is a stormwater expert. There is no description on dealing with the fact that there is no genuine baseline data on Lake Whatcom water quality when it has not been continually flushed for forty years with an exterior source of water. Pete Kremen, County Executive, recognized three individuals of the community who have worked on the Whatcom County Flood Control Advisory Committee. They are William Harriman, Fred Nowicke, and Ladd Shumway. CONSENT AGENDA Nelson reported for Finance and Administrative Services Committee and moved approval of items one through nine. Brown removed item #6. Motion to approve items 1-5 and 7-9 carried 6-0 with Brenner absent. 1.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BIDS FOR VARIOUS STATE CONTRACTS FOR ROAD MAINTENANCE SUPPLIES TO MORTON INTERNATIONAL FOR ROAD STRIPING PAINT IN THE APPROXIMATE AMOUNT OF $250,000; TO POTTER INDUSTRIES FOR GLASS BEADS FOR PAINT IN THE APPROXIMATE AMOUNT OF $50,000; TO WILBUR ELLIS FOR HERBICIDES IN THE APPROXIMATE AMOUNT OF $65,000; AND TO
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WHATCOM TIRE FOR TIRES IN THE APPROXIMATE AMOUNT OF $50,000 (AB99-046) 2.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD A BID, WITH THE LOWEST RESPONSIVE BIDDER PRICE OBTAINED BY MULTNOMAH COUNTY, TO WESTERN BUS SALES FOR THE PURCHASE OF A NEW PRISONER TRANSPORT BUS, IN THE AMOUNT OF $115,245.75 (AB99-047)
3.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH DANIEL S. MCGREEVY FOR INDIGENT DEFENSE TO PROVIDE CRIMINAL AND OTHER LEGAL SERVICES TO INDIGENTS, IN THE AMOUNT OF $60 PER HOUR (AB99-048)
4.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH MATTHEW ELICH, WARREN J. PAGE, STARCK FOLLIS, DAVID A. NELSON, JILL S. BERNSTEIN, AND MARILYN I. MCLEAN, INDIVIDUALLY, FOR INDIGENT DEFENSE TO PROVIDE CRIMINAL AND OTHER LEGAL SERVICES TO INDIGENTS, IN THE AMOUNT OF $60 PER HOUR (AB99-049)
5.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH ROBERT D. BUTLER FOR INDIGENT DEFENSE TO PROVIDE CRIMINAL AND OTHER LEGAL SERVICES TO INDIGENTS, IN THE AMOUNT OF $60 PER HOUR (AB99-050)
6.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH COLLEEN ROGERS, MARY ANN DAVIS, JAN CARLSON (AKA “WHATCOM GUARDIAN AD LITEM SERVICES”) INDIVIDUALLY AND/OR COLLECTIVELY, RESPECTIVELY, FOR THE PURPOSE OF PROVIDING GUARDIAN AD LITEM SERVICES IN THE AMOUNT OF $45 PER HOUR; AND LAUGHLAN CLARK IN THE AMOUNT OF $60 PER HOUR (AB99-051)
Brown explained that the reason he cannot support this item at this time is because he doesn’t have enough information. He also referenced a letter from a judge saying that the Council has no jurisdiction of the guardian ad litem program. Nelson moved approval of the request. Hoag questioned whether any complaints had been filed against the people in these contracts.
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Dave Wareing, Deputy Administrator, stated that there have not been any complaints filed against these individuals. The person at the focus of the complaints is not one of these contractors and has not been employed by the County for several years. Motion to approve carried 5-1 with Brown opposed and Brenner absent. 7.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM CONSERVATION DISTRICT FOR IMPLEMENTATION OF THE SHELLFISH CLOSURE RESPONSE STRATEGIES FOR DRAYTON HARBOR AND PORTAGE BAY SHELLFISH PROTECTION DISTRICTS, IN THE REIMBURSABLE AMOUNT OF $60,000 (AB99-052)
8.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM CHAMBER OF COMMERCE AND INDUSTRY TO PROVIDE PROMOTIONAL AND ADVERTISING SERVICES, IN THE AMOUNT OF $25,000 (AB99-053)
9.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM VOLUNTEER CENTER TO PROVIDE PARTIAL FUNDING FOR THE PROVISION OF VOLUNTEER SERVICES UPON REQUEST OF THE COUNTY, IN THE AMOUNT OF $30,000 (AB99-054)
PUBLIC HEARING 1.
ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 9.32 UNLAWFUL DISCHARGE OF FIREARMS (AB99-040)
Roger DeSpain, Parks and Recreation Director, stated that the Parks and Recreation Commission brought this ordinance forward. There are six reasons for this ordinance. There used to be a policy in place in the 1980s regarding this issue. This policy needs to be added to the County Code so that it has authority. They are concerned with the safety of visitors to the parks and the Parks staff. Park managers are commissioned by the Sheriff’s Department. They do not carry a firearm. They are modeling what is being used at the State Parks and Recreation Commission. Several Park staff members, the Civil Deputy Prosecutor, and a representative from the State Department of Fish and Wildlife were present to answer questions. Brown asked for clarification that this would not make possession of a firearm illegal, it would make possession of a loaded firearm illegal. Dawson questioned whether people with firearm permits usually carry them loaded.
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Dave Grant, Senior Civil Deputy Prosecutor, stated that it does not prohibit the possession of an unloaded firearm in the park, only the loaded ones. Exceptions are for law enforcement officers, military personnel on assignment, or a security officer on assignment. A person with a concealed weapons permit carrying a loaded weapon into the park would be committing a misdemeanor. Brown asked for a definition of what is considered a loaded weapon. Imhof responded that it is a cartridge in any portion of the firearm. Grant stated that the Council should note that they are talking about activity that is off the park itself. For example, it is a misdemeanor to discharge a firearm so that the bullet is propelled into the Park. Weapons also include bows and arrows or spears into the park. (Clerk’s Note: Brenner arrived at 7:43 p.m.) Dave Wareing, Deputy Administrator stated that it would be possible to add a phrase to allow a person with a concealed weapons permit to have a loaded firearm in a park for their safety. There are circumstances that would warrant a loaded, concealed firearm. Don Fletcher, 881 Bennett Road, Bellingham, stated that both he and his wife have concealed weapons permit for their own protection. He was concerned that an attempt to lessen the privilege of carrying a weapon would lead to other groups approaching the County Council to try and limit their privileges. Jeff Howlett, 3605 Breckenridge Road, Nooksack, stated that he also has a concealed weapons permit and occasionally carries a loaded weapon. They should not be concerned about the weapon, but the behavior of the individual. Brenner questioned whether a bolt pistol was considered a concealed weapon. Howlett responded that he did not know. Bob Harriman, 2284 E. Hemmi Road, Bellingham, represented the Borderline Bass and Contenders. He also has a concealed weapons permit and wanted to ensure that the Plantation Rifle Range and Tennant Lake parks would be exempt from this ordinance. He questioned whether gun shows and civil war reenactments would be exempted also. He questioned whether this would include trailheads. He suggested adding language, “…it is unlawful for any person to possess a firearm with a cartridge in any portion of the firearm except muzzle-loading firearms which are uncapped or unprimed.” There is a muzzle-loading season for deer at Silver Lake Park. It is used as a camp base for hunters and fisherman. This is similar language that the State Department of Wildlife uses in their regulations for being unloaded in a vehicle. The Council, by consensus, allowed Harriman to continue speaking beyond his time. Harriman stated that signage would have to be installed in the parks.
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(Clerk’s Note: End of tape one, side A.) Harriman continued to state that the County ensure that there will always be enforcement in the parks, since they are taking away an individuals ability to protect themselves. He also suggested including language for protection. Brown stated that they need to determine whether this supercedes language in other sections of the County Code. Ben Hinkle, 2582 North Shore Road, Bellingham, stated that this is just a foot in the door to erode second amendment rights. He questioned the cause of this. He was unaware of any increase of the discharge of firearms in County parks. Kurt Dessauer, 2690 Alderwood, Bellingham, urged the Council to table the issue for more information. Dr. Lauren Brown, Everson, questioned why people who have a concealed weapons permit can’t pack a firearm in the park. Land designated as a County park is on the South Pass Road, which is a hunting area. There has been no notification about not being able to pack a firearm. They are needed for the protection from cougar and bear. Patrick Alesse, 4825 Alderson Road, Birch Bay, stated that a concealed weapons permit is something to make people feel more secure. Limiting the use of carrying a hand gun does not mean the end of government. Imhof moved to hold in Public Works Committee. Hoag spoke in favor of going into committee and then holding another public hearing. She questioned the capitalization of the word “county” in reference to County parks. This would ensure that the regulation would apply only to Whatcom County owned parks and not all parks in the County. Brown stated that there is an increase of County parks’ acreage. He was concerned about people crossing County parks borders when hunting in the more remote areas. He questioned whether any portion of the firearm could be loaded. Myron Hawkins, State Department of Wildlife, stated that under State law, a clip or magazine can be loaded as long as it is not in the firearm or attached to the firearm. Grant stated that was their intent as the ordinance was drafted. They will work on the language regarding the muzzle-loaders. Brenner stated that Whatcom County can only legislate the County’s jurisdiction, whether or not “county” is capitalized. She questioned whether it is always implied in County ordinances that regulation is for Whatcom County. Regular County Council Meeting, 1/26/99, Page 6
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Grant stated that it would be a good thing to capitalize the word. Brenner questioned whether there is a rash of problems with loaded guns in the parks. Mike Barnes, Silver Lake Park Manager, stated that there is not. He found raccoon hunters in the park. At the time, there were not any laws to prevent that. They could write them up for reckless endangerment, but in certain situations, that may not apply. He has taken firearms from people who have discharged them in the public areas. He also found a loaded handgun in one of the cabins that was left open. He was also concerned with people with concealed weapons permits. This ordinance would enable him to address the issue of someone displaying a loaded firearm in the park. Brenner asked for clarification of the difference between reckless endangerment and the intent of this ordinance. Sutter stated that this type of law creates a new class of criminal and a new class of victim. She would not go fishing or hiking in the woods without protection. Brown stated that it is already illegal to discharge a firearm within the parks. The parks do not have to post notification that other no-shooting zones have to post. Dave Wareing, Deputy Administrator, stated that the attempt is by the Parks Department to address the irresponsible individuals that go to the parks and creates a hazard to other people, animals, or park property. He told of the people who brandish weapons in parks and cause fear in others. Brenner stated that the parks are huge. She was concerned about creating a law that would require a lot of enforcement. Wareing stated that this will be used to make people behave themselves that would otherwise act irresponsibly. The weapons that aren’t seen won’t be a problem. The hunting would not be offensive to people. Reckless endangerment is a State statute, not a County ordinance. It would apply if a person were shooting a firearm in a manner to cause another person injury. Motion to hold in Public Works Committee for four weeks carried unanimously. OTHER ITEMS 1.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR CONSULTING SERVICES BETWEEN WHATCOM COUNTY AND ECONOMIC AND ENGINEERING SERVICES, INC. TO PROVIDE LAKE, STORMWATER, WATER QUALITY, WATERSHED, MODELING, ENGINEERING, REGULATORY COMPLIANCE, AND FINANCIAL SERVICES, IN THE AMOUNT OF $250,000 (AB99-030)
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Nelson reported for Finance and Administrative Services Committee and moved approval with the amount of $250,000. Hoag stated that the item mentions a technical team, a Blue Ribbon Panel. She wanted to see that panel is subject to approval by the Council’s of the different jurisdictions that are involved. Hoag moved that the Bellingham City Council, Public Utility District (PUD), and County Council approve of the panel. Imhof stated that was an administrative function. Brown stated that he would not support that. Nelson stated that the Lake Whatcom Management Committee is an agreement between the Executive, Mayor, and Water District #10 Commissioners. It is an executive function. The Council funded it as requested by the Executive. They have put together the program that is proposed for approval. It is their responsibility. The Council’s responsibility is to support them in this endeavor to provide stormwater protection to Lake Whatcom. The administrations have worked out the details themselves. Dave Wareing, Deputy Administrator, stated that it is the responsibility of the administration to work with the other entities to ensure that this works right. The administration desires Council input. If there are concerns, they encourage the concerns be provided so that they can be appropriately addressed. Hoag stated that she made the motion because the Blue Ribbon Panel would be providing the scientific basis for the decisions that are being made. It is essential that all of the various voices be heard. The Councils are to oversee policy. The members of the panel will affect policy. She is not asking to appoint the members, only to approve the appointments. Brown stated that Dr. Matthews’ report is specified to be used. He questioned whether it would be a conflict to put her on the panel. Brenner suggested a friendly amendment to have the jurisdictions approve the panel, not necessarily the Councils of the jurisdictions. Imhof stated that they are already doing that. Motion to amend failed 1-6 with Hoag in favor. Sutter questioned whether they would wait until Phases I is completed before they would begin Phase II. The early action plans in Phase II are to be completed by March, however Phase I isn’t completed until December. Jeff Monsen, Public Works Director, responded that the intent of the contract is that they would recommend actions at any time they have learned enough information to move on. Regular County Council Meeting, 1/26/99, Page 8
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Brenner questioned whether they have any kind of protection in County contracts against any contractors having a private interest that directly deals with what he or she is doing within the contract. If there is a private interest, it should be made known. Monsen responded that he is not aware of specific language. He believes that a State statute covers the issue. Anytime they become aware of those kinds of conflicts, they make any appropriate adjustments. It is a practice of how departments proceed, by looking at those types of issues. Nelson suggested a kick-back clause. Wareing stated that they would have to define what a conflict of interest would be. Brenner stated that there is a definition of conflict of interest in State law and the County’s ethics ordinance. Wareing responded that they would have to review it to determine whether it applied to a contractor doing work of this type. In some of these situations, there are people from different interests. They are not comfortable with people of opposite interests being involved. They will look into the issue. Nelson disclosed that he lives in the Lake Whatcom watershed and he has an extensive interest in protecting water quality in Lake Whatcom, and has no vested interest in any financial or other gain. Motion to approve carried unanimously. 2.
RESOLUTION PURSUANT TO ESHB 2496 TO ESTABLISH THE AREA OF WHATCOM COUNTY FOR WHICH A HABITAT RESTORATION PROJECT LIST IS TO BE DEVELOPED AND TO DESIGNATE THE LEAD ENTITY RESPONSIBLE FOR SUBMITTING THE PROJECT LIST (AB99-033)
Nelson reported for Finance and Administrative Services Committee and moved approval. Hoag asked if all of the signatures have been obtained. Nelson stated that all signatures have been obtained except that of the Nooksack Tribe, who has stated that they will sign. Hoag thanked George Boggs, Whatcom Conservation District, for his hard work. Motion to approve carried unanimously. 3.
ORDINANCE AUTHORIZING A FAMILY COURT COMMISSIONER (AB99-041) Nelson reported for Finance and Administrative Services Committee and moved to adopt.
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Brenner questioned whether this would be paid for with State money. Nelson stated that the County has already received the money and has been approved through the budget process. Brenner questioned the funding for the following years. Dave Wareing, Deputy Administrator, stated that they anticipate it being continued. If not, then the County has the option to discontinue the position. Motion to adopt carried unanimously. 4.
CONSIDERATION OF HEARING EXAMINER’S RECOMMENDED APPROVAL OF A PLANNED UNIT DEVELOPMENT, FILED BY FRANK MULJAT AND HILLSIDE ASSOCIATES FOR “GOVERNOR ROAD” (AB99-045) Sutter reported for Planning and Development Committee and moved approval.
Hoag stated that the committee recommended that Public Works Engineering Division and the applicant work together to help reduce impervious surfaces in various ways. Motion carried unanimously. Sutter mentioned that the Central Road issue has been held in committee to answer some legal and process questions in regard to that rezone request. 5.
RESOLUTION ADOPTING THE 1999 LAKE WHATCOM MANAGEMENT PROGRAM (AB99-056)
Nelson moved approval of the resolution and questioned other jurisdictions’ perceptions on the issue of transfers of development rights (TDR). Sue Blake, Planning and Development Services Water Resources Planner, responded that TDR is still a part of the program. The Planning Commission will be looking at the issue again in March. A program for receiving areas has been set up jointly with the City of Bellingham. Those areas have been identified. She hoped a program for TDR would be passed, and at the end of the year they would review how much action would have happened. Nelson questioned whether there has been a discussion on placing a waste disposal site in the watershed so that people in the watershed have easy access to getting rid of their waste materials to get it out of the watershed area. Blake stated that goals five and six look at hazardous materials. They would look and see what currently exists and if there are any gaps such as this, they can be addressed.
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Hoag stated that funds were not listed in the handouts. She questioned what goal 16 would entail and how it was meant to prevent discharge of hazardous materials. Blake stated that they will be bringing forward draft work on these types of items. She agreed that the goal is confusing. It was written and adopted in 1992. It was re-interpreted to not deal specifically with hazardous materials. They are asking the Council to approve the task, not the goal. The goals have already been adopted in 1992 jointly by the City of Bellingham, Water District #10, and Whatcom County. Brenner suggested that the major ways to resolve goal 7 are not providing doggy waste disposal bags and port-o-potties. They need to limit the use of certain kinds of fertilizers and other similar activities. Nutrient loading is a bigger issue. (Clerk’s Note: End of tape one, side B.) Brown stated that he studied one case of nutrient loading in the City of Chicago that was caused by dog waste. Hoag moved to include a sentence to goal 12, “To promote less impervious surfaces in the watershed.” Imhof stated that these types of changes should be brought up during a joint session with the other jurisdictions. Blake stated that they are looking at issues such as roads within the land use section. Those are being looked at right now. Hoag stated that the Bellingham City Council made changes to this document the previous evening. The whole point of bringing it up to the Council is to point out things they want done differently. Blake clarified that the City Council added a comment in the related information. Hoag amended her amendment to insert it in the related information section. Brown stated that these are items that should be discussed and decided jointly with the other jurisdictions. That way the staff doesn’t have to run back and forth trying to coordinate these things. Sutter stated that goal 13 addresses the issue of road standards. It specifies that impacts of urbanization should be reduced. Dave Wareing, Deputy Administrator, stated that there are non-specific point pollution problems. Cleaning up multiple sources helps the nutrient level. He recommended cleaning up the dog waste.
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Hoag suggested that the mention to the Lake Whatcom Connector is very vague. She preferred that they including language specifying the issue will be resolved and they will determine whether it is a viable option and its possible impacts on the watershed. That language is clearer. Wareing stated that they can attach that as a notation from the Council for consideration. Dawson announced that there was a consensus to include that concern. Motion to approve the resolution carried unanimously. 6.
APPOINTMENT TO THE PORTAGE BAY SHELLFISH PROTECTION DISTRICT (AB98-157B) Nelson moved approval of the appointment. Motion carried unanimously.
7.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT CHARLES A. ALBERTSON TO HIS FIRST TERM AND TO REAPPOINT HY ROSENFELD TO HIS SECOND FULL TERM AS A MEMBER OF THE WHATCOM COUNTY MENTAL HEALTH ADVISORY BOARD (AB99-057) Brenner moved to appoint by acclamation. Motion carried unanimously.
7.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPOINT DANIEL G. BILSON AND JOSSELYN B. WINSLOW TO THEIR FIRST FULL TERM OF OFFICE TO THE NORTH SOUND REGIONAL SUPPORT NETWORK ADVISORY BOARD (AB99-058) Nelson moved approval by acclamation. Motion carried unanimously.
9.
CONTINUATION OF THE JANUARY 12 COUNCIL DISCUSSION REGARDING USE OF CITIZEN INFORMATION/COMMENT/SUGGESTION FORMS (AB99-060)
Dawson stated that all the Council members have received the form. It invites the public to attend the Council meetings. It clarifies that there are certain land use issues that are quasijudicial. It also provides an opportunity for the public to make comments and suggestions. There will be a suggestion box in the back.
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Sutter questioned why the sentences explaining the public hearing process should be deleted. There are people that have never been to a public hearing, and that is who this is addressed to. Hoag would like 2 sentences struck. They are, “Comments should be concise, address a specific issue being discussed, and provide facts and information that will assist the Council. It is recommended that you familiarize yourself with the meeting agenda, so that you are aware of the order in which your issue will be heard.” The point of the letter was to make people feel welcome and let them know how this works. Those two comments lecture people on how to address the Council. It adds a negative tone. Brenner agreed with Hoag and agreed that those sentences talk down to people. People would be intimidated by some of the language. The form could just say, “Comments should address the specific issue.” Sutter stated that it is important for a person to familiarize himself or herself with the agenda. Hoag moved adding language, “…limit their comments to three minutes pertinent to the issue of the hearing.” and to delete the two comments in the middle of the third paragraph. Sutter offered a friendly amendment to not strike the entire second sentence, but amend it to state, “It is recommended that you familiarize yourself with the meeting agenda, so that you are aware of the order in which your issue will be heard.” Hoag did not accept Sutter’s friendly amendment. Motion to amend carried 5-2 with Sutter and Imhof opposed. Sutter moved to amend by including a sentence at the end of the first paragraph that says, “It is recommended that you familiarize yourself with the meeting agenda.” Motion to amend failed 2-5 with Sutter and Imhof in favor. Motion to approve as amended carried 6-1 with Imhof opposed. Brenner thanked Dawson for doing this. INTRODUCTION ITEMS Imhof moved to accept and add item #2. Motion carried unanimously. 1.
ORDINANCE REGARDING SUPPLEMENTAL BUDGET REQUEST #1 (AB99-059) Regular County Council Meeting, 1/26/99, Page 13
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ADDED: 2.
ORDINANCE AMENDING WHATCOM COUNTY CODE 2.75.030 OUTLINING DUTIES OF THE PUBLIC WORKS DEPARTMENT AND ESTABLISHING WATER RESOURCE FUND (AB99-062)
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS Hoag stated that the Natural Resources Committee had a letter regarding forest revenues impacted by the Endangered Species Act (ESA) (AB99-065). They wrote a letter to Dan Glickman, Secretary of the Department of Agriculture. It is supporting his proposal for “decoupling,” which would freeze federal forest revenues at $1,340,000. That is the amount received in 1997 and was used for schools and roads. They have also asked that this be tied to the Consumer Price Index, so that they don’t see this shrinking as a revenue base because of inflation. There is also information regarding Whatcom County’s economic stability, wages for loggers, and forest roads providing access to citizens. The Natural Resources Committee recommended approval from the full Council. Hoag moved approval to send to Glickman. Brenner moved to amend the last full paragraph to soften the language. She suggested, “…are subject to the sometime erratic changes in the Endangered Species Act and our land base is largely made up of federal lands.” They don’t need to talk about a congress “out of touch.” Hoag suggested a friendly amendment to change “erratic.” Dawson suggested voting for the intent and allowing Brenner and Hoag to work out the language. Motion to send letter carried unanimously. Wareing stated that they have looked into the possibility of providing laptops to the Council members. It is within the technology rental and revolve (TR&R) ability. They can be provided within 30 days. Dawson provided an evaluation form to critique the Council’s activity. She suggested the forms be turned into the Clerk of the Council to compile. Comments could be made anonymously. Nelson stated that the media and the public do evaluations on a regular basis. Hoag questioned how often Dawson planned on doing the evaluations. Dawson responded that it could be done annually.
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Brenner stated that she was going to a conflict resolution workshop. She will try to find a way to give constructive criticism to each other without killing each other. Hoag stated that the Conservation District went through a conflict resolution program that was very helpful. She encouraged the Council members to participate in this. Imhof stated that he was in Olympia addressing the need for transportation money. The outlook is grim for receiving State money. Out of $2.2 billion, the cities and counties will receive approximately $170 million, or 8%. A majority of the money will be focused between Everett and Olympia, the I-90 corridor, and Spokane. He will keep everyone updated. Dawson stated that she and Hoag are going to Olympia to speak with state legislators about various issues. Sutter stated that Jeff Monsen, Public Works Director, will be in Olympia on Friday to address the Governor’s salmon bill. It doesn’t look good for the County. If they have comments, then they should include suggestions for making it better. Pete Kremen, County Executive, stated that he has spoken with State Representative Kelli Linville and she is aware of how the Council feels regarding the Governor’s salmon bill. He encouraged contacting all the representatives. Also, he invited the Council to a reception in the Council’s honor. It will be held on Friday, February 19, 1999. The location has not yet been decided. ADJOURN The meeting was adjourned at 9:20 p.m.
______________________________ Jill Nixon, Minutes Transcription These minutes were approved by Council on __February 23_______, 1999. ATTEST:
WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON
______________________________ Dana Brown-Davis, Council Clerk
________________________________ Marlene Dawson, Council Chair
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