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1 l Also Present: Marlene Dawson Barbara Breriner Larry Harris Alvin Starkenburg Ken Henderson Ward Nelson SPECIAL PRESENTATION OPEN SESSION WHATCOM COUNTY COUNCIL Regular Council Meeting July, The meeting was called to order at p.m. by Council Chair Robert Imhof in the Council Chambers, Grand Avenue. ANNOUNCEMENTS. The following people addressed the Council: Absent: None During the Committee of the Whole meeting, the Council voted to postpone making a decision on appeal of the Hearing Examiner's decision filed by David Barlean (AB-0). This item will be rescheduled to July 1,. SPECIAL PRESENTATION BY BELLINGHAM/WHATCOM COUNTY CHAMBER OF COMMERCE PRESIDENT MIKE BRENNAN ON THE SKI TO SEA FESTIVAL (AB-01) Mike Brennan continued the tradition of thanking the Council for their support of the annual Ski to Sea Festival. He specifically thanked the Parks, the Sheriffs and Public Works Departments and Search and Rescue. He gave a brief review of the Ski to Sea budget and presented a Ski to Sea poster to the County. Bill Griffith, Point Roberts: Point Roberts' community uniqueness Nancy Thompson, 0 Pacific Highway, Bellingham: Squires Lake (AB-) Tom Thompson, 0 Pacific Highway: Squires Lake (AB-) Jim Cozad: Several issues, including the Assessor's Office's need for updated computer systems; the necessity of one-half of 1% tax increase; and Lake Whatcom Trail. in Blue Canyon (AB-0) Regular Council Minutes, //, Page 1

2 ! Susan Struthers, Blue Canyon Road: Blue Canyon Road; Whatcom County Trail (AB-0) Fred Wefer, Fire Chief at Lake Samish: Squires Lake (AB-) (showed a video of a mock fire response along the road to Squires Lake) Martin Van Buren: Squires Lake (AB-) Roger Griffith, Bellingham: Squires Lake (AB-) Bill Geyer: Squires Lake (AB-) Rita Foley: Squires Lake (AB-) Steve Reed, S.W. part of county: Lake Whatcom Trail (AB-0); Squires Lake (AB-) Dorothy Fowler, 1 S. rd Street, Mt. Vernon: Squires Lake (AB-) Dee Stahl, Fairhaven Avenue: Computer equipment for Assessor's Office CONSENT AGENDA 1. BID AWARD RECOMMENDATION FOR A CRAWLER DOZER WITH BLADE AND WINCH TO THE LOW BIDDER, NC MACHINERY CO., FOR $,00.1 (AB-0) Starkenburg reported for Finance & Administrative Services Committee. Starkenburg moved for approval.. BID AWARD RECOMMENDATION FOR TWO WHEEL LOADERS TO THE LOW BIDDER, NC MACHINERY COMPANY FOR ATOTAL OF $,0.0, AFTER SUBTRACTINGTHE VALUE OFTHE TRADE-IN AND THEAWARD OF SALE OF TWO USED LOADERS AT $,0 (AB-0) Starkenburg reported for Finance & Administrative Services Committee and stated this item was held until July 1,, as there had been much discussion in committee regarding various budgetary matters... BID AWARD FOR TRUCK AND TANKER FUEL SERVICE TO THE LOW BIDDER, YORKSTON OIL CO., AT AN ESTIMATED ANNUAL COST OF $1,0. (AB-0) Starkenburg reported for Finance & Administrative Services Committee and moved for approval. Regular Council Minutes, //, Page

3 ! REQUEST FOR APPROVAL TO PURCHASE PROPERTY TO COMPLETE THE lake WHATCOM TRAIL TO BLUE CANYON ROAD (AB-0) Starkenburg reported for Finance & Administrative Services Committee and moved to add this item to Other Items, Item Number, for the purpose of combining all budget items. Other Items and would then become Numbers and respectively. (Clerk's Note: At the decision of the Chair, there was no vote on this motion.) PUBLIC HEARINGS 1. ORDINANCE ESTABUSHING A SHELLFISH PROTECTION DISTRICT CO OPERATIONALLY WITH THE FLOOD CONTROL ZONE DISTRICT (AB A) Council Budget and Program Analyst Bob Woods gave a brief staff report. Imhof opened the public hearing, and the following people spoke: Krag Unsoeld, representing Puget Sound Water Quality Authority Jean Freestone, 0 Vallette Street Michael Freestone, 0 Vallette Street Bob Woods explained Gail Dorfs letter ofjune 0 to County Executive Shirley Van Zanten. Recent testing.showed that local levels read at a lower standard than recommended but not the lowest level allowed. He and Michael Freestone exchanged comments. Janet Hanson, Harrison, Blaine, member of Blaine City Council Ron Bronsema, Chair of Flood Control Zone District Advisory Committee Jeff Menses, W. Laurel, representing Drayton Harbor Oyster Ann Novak, S. Whatcom County, Cain Lake Bob Anderson, W. Holly, Suite Skip Richards, representing Whatcom C.L.U.E. James Kellis, Bellair Way, Bellingham AI Belvins, 1 Arnie Road Janet Hanson, Blaine City Council Fred Nowicke, 1 Burg Road, Everson Jeff Menses Krag Unsoeld, Puget Sound Water Quality Authority Hearing no one else, Imhof closed the public hearing. There was much discussion. Henderson moved to accept the proposed ordinance. Regular Council Minutes, //, Page

4 ~ 0 1 " 0 1 There was discussion on the motion. Motion failed - with Henderson and Harris in favor. (Clerk's Note: Please see added ''Introduction Item"below: A hearing is to be scheduled on Imhofs proposed ordinance on July 1,. Council members are to submit proposed amendments.) orner ITEMS 1. ORDINANCE AMENDING THE BUDGET, REQUEST NO. (AB-) Starkenburg reported for Finance & Administrative Services Committee and moved approval.. DISCUSSION AND POSSIBLE ACTION OF THE DRAYTON HARBOR SHELLFISH PROTECTION DISTRICT PROGRAM ANALYSIS PLAN (AB-B ) Harris reported for Natural Resources Committee. The committee agreed to take the following position: 1. Council should form Shellfish District;. Council should request from the state further enumeration of data (see letter, on file); and. Council should hold a work session to work through a prioritization ofcounty " actions to take care of the downgrade. (Wait for a response from the state to set work session date). Harris moved to send a letter to Gail Dorf, Washington State Department of Ecology. Motion to send letter carried unanimously. (Clerk's Note: Imhof noted that a work session will be scheduled after receiving a response from Gail Dorf.). REFERRAL OF A PROPOSED ORDINANCE (REMOVING LOT CONSOLIDATION REQUIREMENTS FROM TITLE ) TO THE PLANNING COMMISSION AND PLANNING AND DEVELOPMENT SERVICES DEPARTMENT (AB-A) (/) Regular Council Minutes, //, Page

5 l' ! Nelson reported for Planning & Development Services Committee. He moved to refer the proposed ordinance to the Planning Commission for review as soon as possible. There was discussion on the motion. Harris moved to amend the language of the agenda item description as follows: "Referral of a proposed ordinance removing lfili\lijg lot consolidation requirements frem pi Title to the Planning CommissiOIl and Pianning Department." (Clerk's Note:. The motion to amend was not voted on.) and Development Services Dawson moved to request a review of lot consolidation requirements of Title to the Planning Commission and Planning and Development Services Department.. CONSIDERATION ON APPEAL OF THE HEARING EXAMINER'S DECISION, HEARING EXAMINER FILE #CUP (-00), FILED BY DAVID BARLEAN (AB-0) (Clerk's Note: Please see ''Announcements'~). APPOINTMENT TO FILL VACANCY ON SOLID WASTE ADVISORY COMMfI'IEE (WASTE RECYCUNG INDUSTRY REPRESENTATIVE) (AB-) Imhof opened the nominations. Henderson nominated Herb Barker. Starkenburg moved to close the nominations. Imhof moved to approve Herb Barker by acclamation. Regular Council Minutes, //, Page

6 ~ APPOINTMENT TO FILL VACANCY ON THE WATER DISTRICT # BOARD OF COMMISSIONERS (POINT ROBERTS) (VACANCY CREATED BY THE RESIGNATION OF JOHN LESOW) (AB-A) (FROM /) Imhof opened the nominations. Dawson moved to nominate Henry Martin Rosenthal. Brenner moved to nominate Sid Wallace. Bob Imhof announced a -minute break due to legal question. Upon resuming the meeting, Brenner moved to close the nominations. Henry Rosenthal was nominated - with Brenner and Imhof voting for Wallace.. RESOLUTION SETTING GUIDELINES FOR THE PREPARATION OF THE BUDGET (AB-B) Henderson moved approval as presented. Starkenburg moved to amend on packet page 1, Item 1: "ilitp!:lilti!:y!:ny! ~l~~ ~~ ~d. Motion to amend carried - with Henderson, Harris and Brenner opposed. Main motion carried - with Harris and Brenner opposed.. DISCUSSION AND POSSIBLE ACTION ON THE SQUIRES LAKE ACQUISITION (AB-) (FROM /) Brenner moved to initiate the process to purchase Squires Lake and to approve a resolution proposed by Brenner and Nelson establishing Council policies and priorities for the development of Squires Lake with the Squires Lake Conservation Easement attached. Motion failed - with Brenner and Starkenburg in favor. Henderson moved to amend the resolution to add "..~!i i:::lir:::ii i:::fili Jip::: iil IB~iRSffiHIi:ilglt~P!i:i:ltll:ImiBi:f::l!ipt " Regular Council Minutes, //, Page

7 M Henderson moved to amend the resolution on page following number : '~Ii::::!~ Brenner moved to request the help of everyone opposed to having more park land help us work on the committee on eliminating surplus land. Motion carried - with Starkenburg and Imhof opposed. Main motion to approve the resolution and initiate the process to purchase Squires Lake as amended carried - with Starkenburg, Dawson and Imhof opposed. g. REQUEST FOR APPROVAL TO PURCHASE PROPERTY TO COMPLETE THE LAKE WHATCOM TRAIL TO BLUE CANYON ROAD (AB-0) Starkenburg reported for the Finance & Administrative Services Committee. Starkenburg moved the following amendment: "I move to authorize the Executive to negotiate a partnership contract with Mr. Mark Palmer for the purpose of purchasing Lake Whatcom property as described in our packet and securing trail rights that will allow completion of the Lake Whatcom Trail." Motion carried unanimously: :~1. ORDINANCE AMENDING THE BUDGET, REQUEST NO. (AB-) (FROM /) Starkenburg moved approval of the Ordinance. Starkenburg moved to amend the supplemental to increase the appropriation in the Conservation Futures Fund by an additional $,000 for the purchase of the Lake Whatcom parcel to allow completion of the Lake Whatcom Trail.. W.:i,:± Motion to amend carried unanimously. Motion to approve the amended ordinance carried unanimously. NEW APPLICATION FOR A CLASS C,D LIQUOR LICENSE FOR THE DAKOTA CREEK GOLF COURSE, HAYNIE ROAD, CUSTER, BY PAMELA JANE MAGEE AND FRANKLIN MAGEE (AB-0) Regular Council Minutes, //, Page

8 , Imhof moved for approval. INTRODUCTION ITEMS 1. ORDINANCE AMENDING THE TCI FRANCHISE ORDINANCE TO EXTEND IT FOUR MONTHS TO DECEMBER, OR UNTIL A NEW ORDINANCE IS IN PIACE (AB-0) (HEARING TO BE SCHEDULED). ORDINANCE AMENDING THE PUBUC BENEFIT RATiNG SYSTEM REMOVING OPEN SPACE/TIMBER FROM PIANNING COMMISSION EVALUATION AND ADDING A NEW CIASSIFICATION, FARM AND AGRICULTURE CONSERVATION (AB-0). ORDINANCE AMENDING LAND CLEARING REGUIATIONS IN TITLE, THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (AB-0). ORDINANCE AMENDING THE BUDGET, REQUEST NO. (CONSERVATION FUTURES FUND FOR LAKE WHATCOM TRAIL) (-0A). ORDINANCE FOR ESTABUSHMENT OF DRAYTON HARBOR SHELLFISH DISTRICT (AB-A) Nelson moved to accept the Introduction Items. REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS. Guide Meridian Improvement Plan (AB-0): Brenner would like the Council to propose a resolution to the State Department of Transportation stating that the Council is opposed to the median along the Guide Meridian. Imhof directed Brenner to draft a resolution to be placed into the Public Works and Capital Projects Committee. Squires Lake (AB'-): Brenner stated the Council should authorize a citizens committee to work on the surplus property issue. Bob Imhof directed Brenner to put this item into Public Works and Capital Projects Committee. Courthouse Security (AB-):. Brenner thought it was unnecessary to have a security officer during the Council meetings. Imhof said he will look into the matter. Regular Council Minutes, //, Page

9 The Association of Counties (AB-001): Imhof talked about issues raised at this conference last week. He will create a packet of information from the conference for the Council members,!. ADJOURN Bob Woods announced the birth of Ramona Reeves' baby boy. The meeting was adjourned at : p.m. g"""'--<-'1~uk:-& lilt Nixon, Recording Secretary 1 ATIEST: These minutes were approved by the Council on August,. 1~ r ~~ ~~at Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Regular Council Minutes, //, Page