HomeMy WebLinkAboutCouncil April 27 20101
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WHATCOM COUNTY COUNCIL
Regular County Council
April 27, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, L. Ward Nelson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS
Crawford announced there was an update on urban growth area issues and
discussion of the Council Planning and Policy Analyst's role in preparing
ordinances (AB2010 -054) during a Special Committee of the Whole meeting at 1 p.m.
Crawford also announced there was a strategy planning discussion and
positions to be taken regarding collective bargaining (AB2010 -018) in executive
session during the Special Committee of the Whole meeting at 4 p.m.
Crawford finally announced there was Consideration of an Appeal of the Hearing
Examiner's Decision Filed by Wesley Mussio, regarding Administrative Appeal No.
APL2009 -0023 (AB2010 -052) in executive session during the Committee of the Whole
meeting at 6:45 p.m.
Nelson moved to uphold the Hearing Examiner's decision.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
MINUTES CONSENT
1. REGULAR COUNTY COUNCIL FOR MARCH 16, 2010
Brenner moved to approve the minutes.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
Whatcom County Council, 4/27/2010, Page 1
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OPEN SESSION
The following people spoke:
• Ronna Loerch, 116 Aspen Drive, Everson, submitted information (on file) and
spoke on proposed changes to the the Urban Growth Area (UGA) Plan and the
responsibilities of councilmembers as public servants.
• Abe Jacobsen, 2314 Samish Way, Bellingham, submitted information (on file)
and spoke on the urban growth areas.
• Jason Rinne, 163 16th Street, Lynden, spoke on the urban growth areas.
• Bruce Diele, Citizen, spoke on marijuana reform and driving under the
influence.
• Carol Jacobsen, 2314 Samish Way, spoke on the urban growth areas.
• Leonard Lindstrom, citizen, spoke on social issues.
• James Riley Sweeney, 112 E. Maple, Bellingham, spoke on urban growth
areas.
• Charles Law, Bellingham, spoke on the urban growth areas.
• Dan McShane, 1451 Grant Street, Bellingham, spoke on a recent flood tour
and examples of Flood District work.
• Todd Donovan, 247 Cherry Street, Bellingham, spoke on the urban growth
areas and rural element update.
• Steve Reimer, 155 Cain Lake Road, spoke on the Board of Equalization.
• Gregory Jilek, 920 - 22nd Street, Bellingham, spoke on jail siting.
• Laura Brakke, Pleasant Bay, spoke on urban growth areas.
• Jeremiah Chaussee, 6079 Shannon Avenue, spoke on the issue of E- Verify.
• Elliott Smith, 1715 Mill Avenue, Bellingham, spoke on urban growth areas.
• Elizabeth Britt, Bellingham, spoke on urban growth areas.
• Bob Wiesen, 3314 Douglas Road, Ferndale, spoke on urban growth areas.
• Mike Gleason, Mosquito Lake Road, spoke on E- Verify.
• Gary Jensen, 2482 Hilltop, Ferndale, spoke on urban growth areas.
• Mary McKay, 4693 Sucia Drive, spoke on E- Verify.
• Jeff McKay, 4693 Sucia Drive, spoke on property rights.
• Gary Russell, Fire District 7 Chief, submitted information (on file) and spoke
on the status of the District 7 paramedics.
• Elizabeth Gleason, Mosquito Lake Road, Deming, spoke on E- Verify.
• Joan Carson, East Smith Road, Bellingham spoke on E- Verify.
• Joan Dow, 5491 Woodfern Way, spoke on E- Verify.
• Joe Knight, 3880 Cabrant Road, Everson, spoke on urban growth areas.
• Vince Lalonde, 1221 Roland Street, Bellingham, spoke on urban growth areas
and E- Verify.
• Wendy Harris, Bellingham, spoke on urban growth areas.
• Shane Roth, 3925 E. Connecticut Street, submitted information (on file) and
spoke on the Caitac urban growth area.
• Greg Brown, 4363 Saddlestone Drive, spoke on urban growth areas.
• Kathy Lehman, Futurewise Whatcom, spoke on productive alternative
housing.
• Patrick Alesse, 4825 Alderson Road, Birch Bay, spoke on development and the
cost of delivering public services to the people.
PUBLIC HEARINGS
Whatcom County Council, 4/27/2010, Page 2
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1. RESOLUTION DECLARING THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT'S INTENTION TO LEASE PROPERTY AT 7495 EMMERSON ROAD
AND AUTHORIZE THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT WITH THE HIGHEST RESPONSIBLE BIDDER, SUBJECT TO A
PUBLIC HEARING (AB2010 -178)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Crawford opened the public hearing and, hearing no one, closed the public hearing.
Kershner moved to approve the resolution.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Mann and Kershner (6)
Nays: None (0)
Absent: Knutzen (1)(out of the room)
2. ORDINANCE AMENDING, ON AN INTERIM BASIS WCC 20.84 AND WCC 21.01
TO ALLOW FOR THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR OR
WHATCOM COUNTY HEARING EXAMINER TO GRANT A ONE -TIME TWO YEAR
ECONOMIC HARDSHIP EXTENSION TO ISSUED PLANNED UNIT
DEVELOPMENTS, CONDITIONAL USE, VARIANCE, ADMINISTRATIVE
APPROVAL, SHORT SUBDIVISION OR BINDING SITE PLAT, AND CRITICAL
AREA AND GEOLOGIC ASSESSMENT REPORTS (AB2010 -180)
Crawford stated he submitted proposed amendments (on file). He described the
amendments. He opened the public hearing, and the following people spoke:
Lesa Starkenburg, Lynden, stated several planned unit development (PUD) projects
are currently working their way through the process. She is concerned about the proposed
notice of additional requirements to receive approval. Be very clear about what they're
talking about, so staff can properly administer what is and isn't entitled to a request for
extension. She referenced her letter submitted earlier today (on file), which suggests an
amendment.
Dannon Traxler, 709 Dupont Street, stated she agrees with Ms. Starkenburg's
comments. The proposed ordinance is a great start, but include revised language to ensure
the ordinance is fair. This ordinance will help not only big developers, but also small
developers and individuals. Include all of these people and the different permit processes.
Amend the ordinance to include subdivisions, also called long plats. She read Revised Code
of Washington (RCW) 58.17.140, which governs the Council's authority to allow extensions.
Consider including pending applications and applications that expired in the past year.
Therefore, change the start date from March 1, 2010 to January 1, 2009 for all permits and
pending applications, whether or not they are expired.
Laura Lee Brakke, 585 Pleasant Bay Road, stated it seems the problem they're trying
to solve is the financial hardship for small and large developers. Allow an extension so the
developer doesn't have to reapply. Anyone can reapply. It's not okay for people to think
they don't have to play by the rules. Waive the re- application fee, but make people reapply
so they have to follow the rules in place at the time of the new application.
Whatcom County Council, 4/27/2010, Page 3
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Doug Campbell, Associate Project Consultants Owner, stated adopt the substitute
ordinance Councilmember Crawford submitted. The Council has authority from RCW
36.70.020, including land use and environmental permits. That includes building permits,
subdivisions, binding site plans, and other permits, including those required by the critical
areas ordinance and site specific rezones. This extension is good for the larger community.
The Cities of Blaine, Nooksack, and Sumas have also considered a similar interim or regular
ordinance that is retroactive. Give relief to people who filed applications in January 2009.
Last night, the City of Bellingham retroactively extended permits based on the same
definition in the RCW. The State is also extending permits to save money and resources
during this time of recession.
Wendy Harris, Bellingham, stated the Council has not paid enough attention to the
issue of vesting. This is about an ordinance that will have significant impacts to all
community members. She agrees with Laura Lee Brakke. If the purpose is to provide
financial relief, extend the application fees. Separate that from vesting rights, which is
being used politically to expand the rights of developers in the community. Washington
State's vested rights doctrine was enacted based on balancing the needs of the
development community and the needs of the public to control environmental and other
land use regulations in the public's interest. When they talk about reinstating expired
permits, there may be legal ramifications of vesting rights. It may not be legal to reinstate
an expired permit and issue vested rights after the application is expired. Not many
average people in the community are filing long plat applications. Use care in extending
vested rights, and consider the need to protect the public.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated timing is everything. Many
proposals have been pending for several years. The County's slow and convoluted
permitting process handicapped these projects already. The County may save money by
not re- processing some of those permits. Include permits that expired last year. Someone
who wants to build a house may have to put it off for a year or two, due to changing
economics. They plan to build the house a certain way. If the County has different
requirements, it changes the economics for that person. That's not entirely fair.
Hearing no one else, Crawford closed the public hearing.
Mann stated he is concerned about receiving changes at the last minute. When this
initially came forward, he supported it, but it seems the scope has expanded. If they make
a significant change, they need to have another public hearing. He moved to reintroduce
the ordinance tonight and hold this item for another public hearing in two weeks.
Dana Brown - Davis, Clerk of the Council, stated the Council would make any
amendments to the substitute version, and introduce that version tonight, for a public
hearing in two weeks.
Mann withdrew his motion.
Nelson moved to adopt the ordinance.
Crawford stated he prepared and submitted a substitute ordinance. He described the
differences between the two ordinances.
Brenner stated she hasn't even looked at some of this language. She prefers waiting
to introduce the ordinance for an additional two weeks.
Whatcom County Council, 4/27/2010, Page 4
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Crawford stated he could go along with extending it by two weeks, if they agree in
principal to make it retroactive. It won't matter how long they take on this if they make it
retroactive to January 1, 2009.
Brenner stated she can only say that should support making it retroactive for two
weeks. She's not comfortable putting something on for a hearing in two weeks.
Mann moved to hold it over for introduction in two weeks, with a public hearing in
four weeks.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. ORDINANCE AMENDING, ON AN INTERIM BASIS, WHATCOM COUNTY CODE
10.44, HORSES ON CERTAIN ROADS (AB2010 -145A)
Crawford opened the public hearing, and the following person spoke:
Patrick Alesse, 4825 Alderson Road, Birch Bay, stated Birch Bay is a recreational
area. A former County employee designed paths along Birch Bay Drive many years ago.
He was in favor of those paths. The County would have gotten its money back from the
increased assessed value of nearby properties. Birch Bay has special interest groups to
take care of the recreational area. Don't think of Birch Bay Drive as simply for
transportation. It's also for recreation. The C Shop and Bay Center Grocery has sponsored
a horse ride the last few years on Discovery Day. Government should set things up so
people can run their lives and businesses. The ordinance as it is will prohibit those horses
along Birch Bay Drive. Tweak the ordinance.
Hearing no one else, Crawford closed the public hearing.
Brenner moved to adopt the ordinance. She asked if Mr. Alesse was for or against
the carriage rides. Alesse stated he is in favor of the carriage rides.
Brenner stated the main concerns she heard about included horse poop. That won't
be a problem because there will be a contraption to collect it before it touches the ground.
There was a concern about traffic. The committee included language limiting the hours of
operation, which will only be two or three days per week, after rush hour. It will take some
people out of their cars. The owner will give people great information about Birch Bay. It's
an interim ordinance, so they can work out any problems that may arise.
Nelson asked who enforces the ordinance.
Joe Rutan, Public Works Department, stated that the Sheriff's Office would enforce
the ordinance. The Public Works Department administers the activity through a right -of-
way use permit, which is similar to a parade use permit, which Discovery Day gets.
Discovery Day gets a permit to allow those horses.
Nelson stated the only thing the Sheriff's Office was concerned about was having to
enforce permitting on the vehicle. Rutan stated the Public Works Department will look after
the vehicle and welfare of the animal to the best of its ability. The staff are not experts in
those fields.
Whatcom County Council, 4/27/2010, Page 5
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The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. ORDINANCE LIMITING TOTAL ANNUAL REAL ESTATE PROPERTY TAX
INCREASES, INCLUDING THE USE OF BANKED CAPACITY, TO ONE PERCENT
PER YEAR UNLESS A NON - BINDING ADVISORY BALLOT MEASURE WITH ANY
PROPOSED ADDITIONAL INCREASES IS PLACED BEFORE WHATCOM COUNTY
VOTERS (AB2010 -182)
Crawford opened the public hearing, and the following people spoke:
Abe Jacobsen, 2314 Samish Way, Bellingham, submitted and read from information
(on file) and stated if the Council is going to use the referendum for this issue, it should use
it in other areas, such as the urban growth area or the appointment to fill a vacancy on the
County Council.
Shane Roth, 3925 E. Connecticut, Bellingham, stated make one amendment to
clarify and make explicit in writing that this is not intended to apply to short -term
emergencies. Make it clear that an emergency is an exception to this ordinance.
Patrick Alesse, 4825 Alderson Road, Birch Bay, stated the County can only increase
taxes by one percent, which isn't enough to account for inflation. Keep banked capacity.
Otherwise an agency is inclined to grab the one percent any time possible, and end up
spending it on pet projects.
Harriet Spanel, 903 Liberty Street, Bellingham, stated she opposes advisory votes.
This is a representative form of government. People don't vote on every single issue. The
councilmembers were elected to make decisions because they know what the issues, pros,
and cons are. There are other issues just as important as tax issues. If the
councilmembers don't want to make the tough decisions, they probably should have thought
about their decisions to run for office.
Sue Brown, 2188 E. Birch Street, Bellingham, stated she is opposed to the proposal.
Even the best - informed voters aren't privy to all the factors that must be considered before
making such a far - reaching decision. They don't have the specialized information the
councilmembers receive from staff. They don't have access to budget information provided
to councilmembers. Most voters have little or no interest in these matters, besides how it
affects their own financial situation. Short -term fixes that equate to long -term problems are
the reason for the deficits that most government entities face now. Don't put the Council's
responsibilities on the public. Don't try to avoid an unpopular, but necessary, action such as
raising taxes. It takes a strong person to do what is right, rather than what is popular. This
will set a poor precedent, and is a waste of taxpayer time and money. Why bother if the
results are non - binding. There are better ways to spend the money one of these elections
would cost.
Dan McShane, 1451 Grant Street, Bellingham, stated there are three problems with
this approach. First, budgets are very complex, and campaigning by different
councilmembers would confuse voters. Second, it could create a perverse incentive to take
the one percent every year. They haven't raised taxes for a long time, which is why the
banked capacity is there. Third, he asked how that will work with the Charter. There isn't
the window of time to prepare the budget, given the way the Charter is written. Regarding
transferring funds around, don't ever transfer from the general fund to the road fund.
Whatcom County Council, 4/27/2010, Page 6
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Bob Wiesen, 3314 Douglas Road, Ferndale, stated he has concern about the banked
capacity. The Council could raise the taxes more than one percent without the advice of the
citizens. It would be appropriate to go to the public.
Jeff McKay, 4693 Sucia Drive, stated he supports the ordinance. Thanks for asking
the public's opinion.
Hearing no one else, Crawford closed the public hearing.
Brenner stated she supports the ordinance. She thought it would cost a few
thousand dollars to get public opinion on something from many people who don't have the
time and ability to get into Council meetings.
Crawford moved to adopt the ordinance.
Brenner stated she would like to support this ordinance, with amendments. She
would like to know how they would get it on the ballot in time. She sent letters to people
and mistakenly told them this was a resolution with no force of law. She would like to
inform people correctly about this ordinance. Of all the pressing issues, the most pressing
is how they fund things. She's never supported a property tax increase. She has seen
times when they haven't done an adequate job on the budget. They haven't gone through
it with a microscope. No issue is more pressing. She thought this was a vote to put on the
ballot and let people decide whether they should spend public money on this in the future.
She supports it. For a few thousand dollars, they will get comments from the widest
assortment of people, instead of the very narrow minority who attend the meeting. Close
the public hearing and hold the decision for two weeks. She needs to make her correction
to the people. She moved to postpone the decision to a date certain in two weeks.
The motion to hold in Council carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer and Kershner (5)
Nays: Knutzen and Mann (2)
Kershner asked that her name be removed as a sponsor. She is not sponsoring this
ordinance.
S. RESOLUTION LIMITING TOTAL ANNUAL REAL ESTATE PROPERTY TAX
INCREASES FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT,
INCLUDING THE USE OF BANKED CAPACITY, TO ONE PERCENT PER YEAR
UNLESS A NON - BINDING ADVISORY BALLOT MEASURE WITH ANY
PROPOSED ADDITIONAL INCREASES IS PLACED BEFORE WHATCOM
COUNTY VOTERS (AB2010 -182A)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Kershner asked that her name be removed as a sponsor.
Crawford opened the public hearing, and the following people spoke:
Abe Jacobsen, 2314 Samish Way, submitted and read from information (on file) and
stated don't tie this to anything having to do with an emergency.
Whatcom County Council, 4/27/2010, Page 7
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Patrick Alesse, 4825 Alderson Road, Birch Bay, stated his comments are the same as
those for the previous item.
Hearing no one else, Crawford closed the public hearing.
Brenner moved to postpone the decision to a date certain in two weeks.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Mann and Kershner (6)
Nays: None (0)
Abstains: Knutzen (1)
CONSENT AGENDA
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through four and six.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST
YOUTH SERVICES FOR HOUSING CASE MANAGEMENT SERVICES IN
ASSOCIATION WITH WHATCOM HOMELESS SERVICE CENTER, IN THE
AMOUNT OF $17,407 (AB2010 -190)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LYNDEN SCHOOL DISTRICT
FOR BEHAVIORAL HEALTH SERVICES, IN THE AMOUNT OF $76,500
(AB2010 -191)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER SCHOOL DISTRICT
FOR BEHAVIORAL HEALTH SERVICES, IN THE AMOUNT OF $82,500
(AB2010 -192)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY
SERVICES FOR MENTAL HEALTH TREATMENT SERVICES FOR WHATCOM
COUNTY RESIDENTS WHO HAVE NO OTHER READILY AVAILABLE SOURCE OF
FUNDING TO PROCURE MENTAL HEALTH SERVICES (AB2010 -193)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM
COUNTY FIRE DISTRICT 7 FOR THE INCENTIVE PAY AND CONTINUING
EDUCATION COSTS ASSOCIATED WITH PARAMEDIC TRAINED
FIREFIGHTERS AS AUTHORIZED THROUGH THE EMS PLAN AND
SUPPLEMENTAL BUDGET #2 OF THE 2010 BUDGET, IN THE AMOUNT OF
$80,000 (AB2010 -194)
Whatcom County Council, 4/27/2010, Page 8
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Mann reported the Finance and Administrative Services Committee and stated this
item failed in committee. He moved to approve the request as Committee Chair, for the
sake of discussion.
Brenner stated that as long as they keep punishing Fire District 7, there will be no
incentive for anyone to come together and get beyond the issue. The Council voted
unanimously to endorse the concept of the Emergency Medical Services (EMS) Plan, which
was on the ballot. The plan included Fire District 7. After the vote, the City of Bellingham
brought up the issue of unions. The City never said ahead of time that the Fire District had
to be part of the union. The problem is that the person who is supposed to make the
decisions on accrediting the paramedics isn't making that decision, and is requiring that the
paramedics go to Wenatchee for training. If those paramedics had been allowed to do their
training here, they would have been certified and accredited a long time ago. This isn't
their fault. They shouldn't be punished.
Mann stated the Bellingham Fire District didn't change it's mind. The Bellingham
Firefighter's Union changed its mind. He agrees that the Union has some changes to make
in their negotiating stance at this time. The whole thing is a mess. The County paid
$300,000 for these paramedics to be trained. The County declined training funds for the
Bellingham firefighters, which was appropriate. Don't play favorites. Hold them both
accountable to get things resolved and move forward.
Crawford stated he attended mediation with the County administration and
attorneys. The attorneys continue to negotiate details. Generally speaking, they've
conceptually found resolution to those training costs.
Mann stated his decision is the message they've sent with the previous vote on
training and the vote on this training, and the practical reality that he doesn't want to waste
another $80,000 after partially wasting $300,000 so far.
Weimer stated he voted against this in committee. One reason was Councilmember
Mann's argument about creating an incentive by not spending any more money on either
side until they work out a deal. The bigger reason is because of the EMS Plan. The fifth
medic unit for Fire District 7 is part of the plan, but they haven't followed other parts of the
plan, such as item four, which is to reconstruct the Emergency Medical and Ambulance
Advisory Board. It is to be the primary agency for settling disputes between ambulance
services and governmental agencies operating services throughout Whatcom County, and to
make budgetary recommendations for ambulance services. That hasn't happened. The
Council is being asked to spend money without a budgetary recommendation from that
group. Follow the plan, which includes those things. This evening he hears that they're
getting close to certifying the paramedics. If they are getting that close, he may be willing
to vote in favor of this. However, they need to follow the entire plan.
Dewey Desler, Deputy Administrator, stated the Advisory Board meets as a formal
body and is composed of elected officials a couple times each year. It's not as active as
they may like. There are also other groups that are ad hoc to that effort and that meet and
make recommendations. If the Council wants to be more actively involved with the
advisory group, the administration will work with other elected officials to put that together.
The last meeting resulted in a series of recommendations, including going forward with this
project and to fund the second paramedic training program through the City's program.
There is some actual involvement in the part of that committee. Tonight they heard from
the Fire District Chief, which very positive. Two paramedics will be certified tomorrow. This
Whatcom County Council, 4/27/2010, Page 9
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two -year process is coming to an end. Three other paramedics will be certified soon. At
that point, they can deploy the fifth unit, based on the needs of the community.
Brenner stated that if they had shown a stronger support for moving ahead, there
would have been less bickering. Some people feel they can keep this going. They don't
lose from that. The only ones who lose from these extensions are District 7. That isn't fair.
She supports Councilmember Weimer, and they should move ahead with that, too.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: Mann (1)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID
#10 -32 FOR THE DELIVERY AND SUPPLY OF ASPHALTIC MIXES TO ALL
THREE VENDORS WHO PLACED BIDS - PUBLIC WORKS STAFF WILL SELECT
THE VENDOR THAT IS THE BEST VALUE BASED ON PRICE AND TRANSPORT
COST TO THE SPECIFIC JOB SITE, IN AN ANNUAL AMOUNT OF
APPROXIMATELY $85,000 (AB2010 -195)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, NINTH
REQUEST, IN THE AMOUNT OF $71,451 (AB2010 -179)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
2. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY PROJECT BUDGET,
SECOND REQUEST, IN THE AMOUNT OF $250,000 (AB2010 -181)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT WITH THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF
NATIONAL DRUG CONTROL POLICY, FOR SUPPORT OF THE NW HIDTA
BORDER TASK FORCE PROSECUTION INITIATIVE TO BE USED TO PAY FOR A
PROSECUTOR AND A SECRETARY FOR THE PROSECUTOR'S OFFICE AND
SOFTWARE MAINTENANCE COSTS FOR THE AEGIS R PUBLIC SAFETY
INTERFACE SOFTWARE, IN THE AMOUNT OF $175,073 (AB2010 -186)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Whatcom County Council, 4/27/2010, Page 10
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The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
4. RESOLUTION AMENDING CRP #998001 AND AWARD OF THE
CONSTRUCTION CONTRACT FOR YEW STREET ROAD PHASE II TO FRIBERG
CONSTRUCTION COMPANY, INC. AS LOW BIDDER, IN THE AMOUNT OF
$1,554,900.35 (AB2010 -187)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution. He can't see spending this amount of money on a short section
of road that may get annexed into the City of Bellingham soon. He will vote against the
motion.
Brenner stated she voted against this project to begin with because of the cost.
However, most of the County's portion of the cost has already been spent. Even if the
County doesn't do this, it would be required to do safety measures on that part of the road,
because it is dangerous, which would cost at least that amount, if not more. Those grants
would go away. She will support this piece of the project. She hopes they don't do this
again.
Mann stated this is a lot of money. Any free money from the federal government is
still taxpayer money. At some point, they need to say no to projects. There is such a thing
as throwing good money after bad money. Just because it may have been a bad decision in
the past, the problem is compounded as they continue to pour money into the project.
Sooner or later, they must deny projects and be very conservative with money.
Crawford stated this is a wonderful project. It's a needed project. There are many
reasons for this. There is a school there. This is a pedestrian area. There are many safety
issues. It contributes to the continuation of using Yew Street Road, which connects to
Woburn Street, which connects to Hannegan Drive, which is a main north -south corridor
through Whatcom County, if something should happen on the freeway. It got expensive.
The original bids were to complete the entire road to Samish Way. This has been through a
decade of issues, problems, and iterations. This bid is 30 percent to 40 percent lower than
what it would have been two or three years ago. He fully supports this project. The County
needs to do more of them. Nothing has been done badly.
Brenner stated she agrees with Councilmember Mann's comments about drawing the
line. This area is one of the more dangerous areas in the county. She was unhappy with all
the upgrades that went along with it, but she would rather the federal tax dollars be spent
locally. The County has to do improvements there regardless. If Bellingham takes this over
soon, it has to pay back the County for the cost.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen and Kershner (6)
Nays: Mann (1)
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BERGERABAM, INC FOR
STRUCTURAL REHABILITATION DESIGN ANALYSIS FOR MARINE DRIVE —
LITTLE SQUALICUM BRIDGE NO. 001 AND PORTAL WAY — DAKOTA CREEK
BRIDGE NO. 500, IN THE AMOUNT OF $47,376 (AB2010 -188)
Whatcom County Council, 4/27/2010, Page 11
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Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
6. REQUEST APPROVAL FOR THE DEMOLITION OF A STORAGE SHED AT
HOVANDER PARK (AB2010 -189)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated this is a huge building of 4,700 square feet and can be totally
restored. They want to use the space for a brand new building that's much more expensive.
That shouldn't happen.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Knutzen, Mann and Kershner (6)
Nays: Brenner (1)
INTRODUCTION ITEMS
Nelson moved to accept the introduction items, including one additional item,
Introduction Item number three.
Weimer stated the public hearing for item three will be in four weeks, not two weeks.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE ESTABLISHING THE LINCOLN ROAD CONSTRUCTION FUND FOR
THE RECONSTRUCTION OF ROADWAY FROM SHINTAFFER ROAD TO
HARBORVIEW ROAD TO INCLUDE 12 -FOOT LANES, 8 -FOOT SHOULDERS,
STORM SEWERS, STORMWATER TREATMENT SWALES, AND LEFT TURN
LANES ON LINCOLN ROAD AND HARBORVIEW ROAD (AB2010 -196)
2. ORDINANCE FOR 2010 PROJECT BUDGET REQUEST NO. 3 FOR FUNDING
FROM THE LINCOLN ROAD CONSTRUCTION FUND FOR COMPLETION OF
PRELIMINARY ENGINEERING, RIGHT OF WAY ACQUISITION COSTS AND
CONSTRUCTION COSTS FOR THE LINCOLN ROAD PHASE I PROJECT IN THE
AMOUNT OF $3,900,000 AND TO REQUEST AN APPROPRIATION FROM THE
ROAD FUND TO FUND A TRANSFER TO THE LINCOLN ROAD CONSTRUCTION
FUND IN THE AMOUNT OF $1,500,000 (AB2010 -196A)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO REDUCE
DEVELOPMENT POTENTIAL IN ZONING DISTRICTS WITHIN THE LAKE
WHATCOM WATERSHED (AB2010 -185)
OTHER BUSINESS
Whatcom County Council, 4/27/2010, Page 12
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There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Knutzen stated the Dairy Federation Flood Tour was nice.
Crawford stated he learned a lot about sedimentation management on that tour.
They will be hearing more about fire district mediation soon.
ADJOURN
The meeting adjourned at 9:55 p.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council(g-.o.w hatcom .w a.us
Dana Brown- Davis, Council Clerk
Sam Crawford, Council Chair
Whatcom County Council, 4/27/2010, Page 13