HomeMy WebLinkAboutCouncil December 8 20091
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WHATCOM COUNTY COUNCIL
Regular County Council
December 8, 2009
Council Chair Seth Fleetwood called the meeting to order at 7:11 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Laurie Caskey- Schreiber, Seth Fleetwood, L.
Ward Nelson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS
Fleetwood announced there was discussion with Chief Civil Deputy Prosecutor
Randy Watts regarding pending litigation (AB2009 -018) in executive session during
the Committee of the Whole meeting.
SPECIAL PRESENTATIONS
1. SPECIAL PRESENTATION BY THE COUNTY EXECUTIVE TO CHUCK ANTHOLT,
AGRICULTURAL ADVISORY COMMITTEE AND ROD ERICKSON, PURCHASE OF
DEVELOPMENT RIGHTS OVERSIGHT COMMITTEE, FOR THEIR OUTSTANDING
CONTRIBUTIONS TO THE COMMUNITY (AB2009 -017)
Pete Kremen, County Executive, read his comments into the record regarding Mr.
Chuck Antholt's many contributions to Whatcom County and its agriculture, and presented
him with a plaque.
Chuck Antholt, Agricultural Advisory Committee, thanked the Executive and urged
continued support for the purchase of development rights (PDR) program and other tools to
protect agriculture.
Kremen presented Rod Erickson with a plaque and read comments into the record
about his accomplishments.
Rod Erickson, Purchase of Development Rights (PDR) Oversight Committee, thanked
the Executive and County Council and urged continued support of the agricultural
community for future generations.
Brenner read and presented plaques of appreciation to outgoing Councilmembers
Fleetwood, Nelson, and Caskey- Schreiber.
MINUTES CONSENT
Whatcom County Council, 12/8/2009, Page 1
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Weimer moved to approve the Minutes Consent items.
Bruce Deile, Bellingham, stated there is an error in the minutes of November 10.
The minutes don't represent what he said. He suggested amending the minutes:
"Bruce Deile, citizen, stated there
is
involuntary commitment of homeless inebriants in Anchorage, Alaska, but no
priority for repeat drunken drivers. Prior to the Olympics, officials are trying
to remove homeless people out of the area for aesthetics. If there is a
crackdown on trespassing, prior to the Olympics, then homeless people may
be moved out of the area to improve aesthetics. A proposed camp is really
an internment camp. If there is a crackdown on trespassing, then the
proposed camp is no longer voluntary, but becomes compulsory. They need
single occupancy housing. A more conservative Council just elected won't do
that."
Fleetwood withdrew the minutes of the November 10, 2009 Regular Council meeting
to review and amend if needed.
The motion to approve items one and two carried by the following vote:
Ayes: Brenner, Caskey- Schreiber, Crawford, Fleetwood, Nelson and Weimer (6)
Nays: None (0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 10, 2009
2. COMMITTEE OF THE WHOLE FOR NOVEMBER 10, 2009
3. REGULAR COUNTY COUNCIL FOR NOVEMBER 10, 2009
OPEN SESSION
Andy Ackames, Racine Street, stated local temperatures have been below freezing
lately. There are 1,328 homeless in the community. Twenty percent of those are children.
The Bellingham Friends of the Homeless attempts to educate lawmakers that the County is
complicit in allowing 264 children to sleep without a home tonight.
Bruce Deile, Homeless in Bellingham, stated, he is following up on what he just
spoke about, that is to show that when minutes are not correct, it shows up on a Google
search of his name. He's spoken in Colorado Springs before, under public comment, and all
that stuff comes up under his name when someone does a Google search. When he's
contacted people for roommate situations, or to rent a room, or even for employment
purposes, people do a Google search of your name and all that stuff comes up. Back in
Colorado Springs, they completely just messed up his comments. Minutes not done in an
orderly fashion, after he speaks under public comment, you don't know when minutes are
going to be up for approval, so unless you really pay attention and are here every time to
see if it comes up for approval after you've spoken, it could be several weeks to months
after you've spoken that these come up for approval. So, if you don't come back and to say
that isn't what he said, then all this stuff comes up under your name under a Google search,
and people think this guy didn't make any sense. He did make sense. What they put down
made him illogical. So if the Council could consider doing this in a more orderly fashion so
the public is aware when the minutes are going to be up for approval, so they can be looked
Whatcom County Council, 12/8/2009, Page 2
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at. (Inaudible) meant to be too particular and make a production about it, but just so it can
be correct and have a correct representation of what a person is saying. One more point is
that these have already been approved and he wasn't aware of it, but there's another
comment about Alcoholics Anonymous (AA) when he spoke. What came up in the minutes
was saying that when people are, he doesn't think he can do this under three minutes, but
when people are required court - ordered AA, when it's required for people, it said in the
minutes that no choice was given. What he said was that the way they're getting around
the fact that it's unconstitutional is that they're given a choice. You can either go to AA or
go to one of these secular programs. But say if you're in a town that doesn't have any
secular programs available, you're stuck with going to an Alcoholics Anonymous meeting,
which is unconstitutional, because the Supreme Court ruled that it's religious. They've
gotten around that by (inaudible). And so it's a willingness to happen unconstitutionally.
That was never reflected correctly in the minutes. That's another example. I hope the
Council would consider that.
(Clerk's Note: The speaker following Mr. Deile requested that his /her testimony not
be included in the minutes.)
Mike Kaufman, 1620 Huntley Road, stated he thanks the Councilmembers who are
leaving for their service to the community. They make sacrifices to families and careers.
He is in favor of appointing Dan McShane to the Council vacancy. He did run for that seat.
He put his face out there and his money on the line. He's not looking for an easy way in.
Last, he made a comment about medical insurance last time he spoke. There have been
comments from some of the homeless people and from Councilmember Brenner. Medical
insurance may have extremely good programs. As an individual, he competes against the
money the County buys for medical insurance. The medical insurance that people have are
at the expense of people who are out in the cold. Medical is a major part of humanity, and
they need to get their heads around it. The County Council government can help them do
that.
Chet Dow, 5491 Woodfern Way, Bellingham, stated he thanks councilmembers who
are leaving for what they do and the service they provide. Many Whatcom County citizens
are concerned about an apparent lack of transparency surrounding procedure for filling the
vacant council seat. Little exists in the way of written guidance to consistently assist
Council in evaluating and choosing a candidate to fill this important position. The electorate
normally has weeks to accomplish the task. Of even greater concern is fair and consistent
procedures for nominating and voting on a prospective councilmember have not been
established. If they have, it's not easy for the public to find out what they are. Therefore,
procedures can't be explained to the public. Under the unusual circumstances set in motion
after one a.m. on November 25, the vague language "as Council deems appropriate" found
in County Charter Section 4.50 needs to be publicly addressed with details specific to filling
Mr. Kelly's position and setting forth an explicit, understandable process. This needs to
happen before Council convenes proceedings to discuss filling the vacant seat this evening.
This is like a personnel matter. It's incomprehensible how 24 people can apply, have a
deadline, and have the Council do all this and potentially take a vote this evening. He
hopes they give more consideration than that to a position that will affect such important
things as the condition of the County budget or ongoing debates and discussion about land
use issues.
Yoshi Ravelle, 4026 Willowbrook Lane, Bellingham, stated everyone is a member of
the same family. No matter how much they disagree, they owe each other the basic
respect of being members of the same family. He hopes they can get better at that in the
future. He will try.
Whatcom County Council, 12/8/2009, Page 3
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Bruce MacCormack, Northwest Economic Council Chairman, stated he will speak on
Consent Agenda item 24 regarding the contract with Northwest Economic Council for
assistance with the oversight of the Economic Development Investment (EDI)
fund and expanded outreach to the business community (AB2009 -482). He
thanked the outgoing councilmembers for all they've done for this community. The
dedication and long hours are greatly appreciated. He supports the contract. Support their
endeavors to continue the countywide economic plan and the accelerator initiative, which
will create many jobs in this region. Representatives of three other agencies, including
Sustainable Connections, Technology Alliance Group, and the Bellingham Angels are here to
support this request. This represents a milestone. Heretofore, agencies who have had to
compete for dwindling funds in the past can now come together for a common purpose for
the benefit of the community as a whole. They are entering into a new era of cooperation
and harmony to create job opportunities for early stage and startup companies, and
together help rebuild their economy. This is the first time that four agencies have come
together in unison and harmony to ask for a common purpose. He's very proud of that. His
colleagues will speak mainly to the accelerator project, but will also be deeply involved in
the economic planning process, incorporating their special subject matter expertise and
valuable experience, to make this a meaningful, countywide document. Embrace the spirit
of this important accord by supporting this request that is essential to the success of their
plans.
Ron Bronsema, Flood Control Zone District Advisory Committee Chair, stated he
alerts the Council to the inequity looming on the Advisory Committee. They've recently lost
four members. They have two open positions. Now, Sumas Mayor Bromley and he are the
only representatives of the north county left. All the other representatives are from
Bellingham or the south fork. Appoint people to the two open positions who are from the
lower stem of the Nooksack, from the confluence of the forks to Marietta. They need that
knowledge on the advisory committee. He needs help. He thanks the councilmembers for
their service.
Paul Grey, Technology Alliance Group (TAG) Board Member, Bellingham, stated he
supports the contract with Northwest Economic Council for assistance with the
oversight of the Economic Development Investment (EDI) fund and expanded
outreach to the business community (AB2009 -482). He thanked Chuck Antholt and
Rod Erickson for their work over the years on behalf of agriculture and county farmers.
Every community wants good, clean technology industry, but wishing for it won't make it
happen. They need to put definitive programs in place to make the area attractive and easy
for the next technology companies to start and grow their businesses within the boundaries
of Whatcom County. Create a fertile ecosystem that encourages new tech startups and
faster expansion of existing technology companies. Ninety -eight percent of companies that
start within a community will stay in the community. It's importrant to encourage new
startups here. TAG created two online directories to assist in advancing technology
economic development, including the technology directory and a research and development
(R &D) directory. In terms of definitive programs, TAG supports business accelerators,
entrepreneurial training programs, and active networking functions as ways to create the
ecosystem that will drive the most attractive job creation and retention within the
community.
John Lesow, Point Roberts, stated he thanks the councilmembers for their service.
He asks why Bob Wiesen wants to rejoin the Planning Commission. Bob Wiesen has told the
Council that the Whatcom County Planning Commission is the worst in the history of
Whatcom County. At the last meeting, Bob Wiesen accused the Planning Commission of
Whatcom County Council, 12/8/2009, Page 4
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being disrespectful to citizens. Of course those statements aren't true. The rumor that the
County is downzoning 19,000 acres to rural, one unit per ten acres (R10A) is also not true.
Repeating untruths often enough can sometimes be accepted as facts, and sometimes
people start believing. Sometimes rumors can influence elections. One of the shames of
the last election cycle was the demagoguing of land use issues in Whatcom County. Bob
Wiesen and others have been very active in bringing legal actions against Whatcom County,
in support of their positions. In the defense of these actions, it's the taxpayers who pay the
County's legal bills. More and more, land use policy in Whatcom County is being made by
courts and hearings boards. The Planning Commission and County Council are just way
stations, where developers get their tickets punched on the way to the real power, the
hearings boards and courts. He asked how much of his own personal fortune Bob Wiesen
has spent on his expensive lawyers, or if it's all done pro bono with land developers footing
the expense. In his 17 years in Whatcom County, he's spent thousands of dollars on legal
challenges and defenses brought on by the actions or inactions of County government.
During that time, he's had five Whatcom County lawyers representing his interests. He's
paid every one of them in full. He doesn't owe anyone a dime. Any person who is an active
litigant against Whatcom County in matters relating directly to land use policy should not be
considered for appointment to the County Planning Commission. It makes a mockery of the
idea of impartiality and probably violates the appearance of fairness statutes of the State of
Washington, which they are supposed to abide by. He is willing to litigate that point if
necessary.
Derek Long, Sustainable Connections Executive Director, stated he supports the
contract with Northwest Economic Council for assistance with the oversight of the
Economic Development Investment (EDI) fund and expanded outreach to the
business community (AB2009 -482). The qualities that have made Whatcom County
attractive and know for sustainable business practices and living are the same qualities that
attract entrepreneurs and employees of high -tech and growth companies. It's smart for
Whatcom County to invest part of it's economic development funds in attracting these
companies. They typically go after growth markets and have higher wages. Whatcom
County doesn't perform very well regarding wages. This strategy can help remedy that.
With a little bit of work and collaboration, these companies can become sustainable. The
business accelerator is challenging, but compelling. There is potential for good value from
this investment. He likes the talent that Bruce MacCormack brings with him to develop this
concept. Clearly the organization is under new leadership. There are a lot of new
possibilities with this new leadership. Support the request.
Dennis )ones, Sudden Valley, stated Stanford women's soccer beat UCLA. Anson
Dorrance, a 20 -time NCAA Division 1 champion, is someone worth modeling oneself after.
When picking a new councilmember, he agrees with Mr. Lesow that they have to tell the
truth. It's clearly spelled out and everyone knows. No matter how many times they try to
create that fear, it's still there. When making the decision, look ahead 10 years and look
back 10 years. He supports Dan McShane for the vacant Council seat. Don't take the easy
way out.
Caskey- Schreiber thanked Mr. Jones for being so engaged in the community. He
does an outstanding job representing Sudden Valley.
Shawn Kemp, Bellingham Angels Group Steering Committee Member, stated he
supports the contract with Northwest Economic Council for assistance with the
oversight of the Economic Development Investment (EDI) fund and expanded
outreach to the business community (AB2009 -482). He's seen over a hundred
companies come through his screening process. Many are not from the Bellingham area.
Whatcom County Council, 12/8/2009, Page 5
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Many of the group members would like to see more coming out of the area of Whatcom
County. Those who come from Whatcom County are well- received. Also, this area is
uniquely positioned to take the lead around clean technology, green initiatives, and high -
tech. They see this a lot through Sustainable Connections, which has been winning awards
nationwide, and through their membership. The number one area where they want to see
investment opportunities arising is in the green technology space and high - technology
areas. The base of retired professionals they can draw from and they fund is high. They
would like to see more of that happening in a consolidated manner across the initiatives
described in the accelerator activities. New markets in high -tech in service and e- commerce
is uniquely positioned. A couple of startups from this area are doing really well at
generating high -wage jobs and increasing economic areas around here. The Bellingham
Angel Group has had a good track record with investment in those local companies. Of over
100 different companies that come through each year, there are about six from this area
that meet the criteria the investors want to see. The accelerator initiatives will increase that
pipeline, so money doesn't fund activities in Vancouver, Seattle, or Portland, but in
Whatcom County.
Bob Wiesen, 3314 Douglas Road, stated he is an applicant for the vacant County
Council position. His application included a letter of recommendation from Sylvia Goodwin
when he left the Planning Commission. He tried hard while on the Planning Commission to
respect the people coming before the commission and to solve problems. One of his
important factors is good jobs, affordable housing, reasonable regulation, and profitable
farmers. The previous Planning Commission when he served often received comments
about how they listen to people. They need time to figure out how to balance some of these
issues. (Inaudible) Figure out ways to not be so adversarial and try to help people through
problems. The staff and Planning Commission have created an adversarial condition among
the population. (Inaudible) They should respect that they're making it harder for them.
This is the worst Planning Commission he's ever seen. That's unfortunate. He's spent a lot
of money going to seminars. He probably knows a lot more about the Growth Management
Act than John Lesow. There are 14 goals in the Act, and Whatcom County is only looking at
a few of them. They give British Petroleum (BP) a rough time about adding a co- generation
plant, and the result is that they lose the tax base and don't get the good jobs.
Marion Beddill, 2700 Old Fairhaven Parkway, Bellingham, stated she supports Hue
Beattie, Robyn Dupre, Dan McShane, or Paul Schissler for the vacant Council position.
Patrick Alesse, 4825 Alderson Road, Blaine, stated that if he were a Planning
Commission, it should address a pending development adjacent to Blaine. He's passed the
development for over 30 years, and the guy would like some consideration. It would fit. He
submitted and read from a handout (on file) regarding his support for Dan McShane for
County Council.
Hue Beattie, 2104 McKenzie, stated he submitted an application for the vacant
County Council position. In his precinct, Dan McShane got 85 percent of the vote. He
added up the percentage in various precincts. In Council District 1, Dan McShane got 62
percent of the vote. In the rural parts of District 1, Dan McShane got 53 percent of the
vote. Dan McShane won in Council District 1, even though he wasn't running for that
particular seat. His application says that it would be an honor to fill Bob Kelly's turn in the
event the Council doesn't pick Dan McShane.
Craig Parkinson, 119 Grand Avenue, Suite D, Bellingham, stated he represents
Harbor Shores LLC and requests the Council to reconsider the urban growth area (UGA)
ordinance adopted November 24, specifically the plat of Harbor Shores north to the Blaine
Whatcom County Council, 12/8/2009, Page 6
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City limits. A 35 -acre area has already been subdivided to an urban density. All the parcels
within the plat of Harbor Shores may be built upon regardless of UGA designation. It's a
question of how to sewer the existing lots. It has been Harbor Shores plan to service the
area with public sewer, and it has spent a significant amount of time and money on this
plan. Insufficient consideration was granted to the specific environmental concerns of this
area. The benefit to keeping this area in the UGA is the avoidance of the construction of
over 50 new drain fields in a very small area adjacent to sensitive Drayton Harbor. In
addition, not constructing the drain fields equates to two full acres less of land disturbance
needed to construct them, with a portion of that being in critical areas. Another benefit is
that the covenants recorded with the plat in 1965 require that existing homes connect to
public sewer when it becomes available. There are about six homes in the plat now that will
be required to hook to public sewer. Removing Harbor Shores from the UGA jeopardizes
the construction of public sewer, but doesn't negate the actual home construction to urban
density in this area. Keeping this area in the UGA makes sense, because it's already
developed to urban density and County permits have already been issued for sewer
construction. Taking it out of the UGA will result in more needless process later or a
potential lost opportunity to prevent construction of new or removal of existing drain fields
in this sensitive area. Consideration would be appreciated.
Brenner asked if any councilmember can make a motion to reconsider this item.
Karen Frakes, Prosecutor's Office, stated it's a rule of order question. It wouldn't be
a motion to reconsider technically. It would be a motion to rescind, which could be made by
anyone.
Ron Reimer, 6595 Northwest Road, stated he will speak about new zoning
enforcement with a $1,000 per day penalty. In reading it, it looks like County staff now
wishes to make these violations that have to do with land, such as buffer intrusions, and
turn it into a criminal matter, with penalties of $1,000 per day and up to a year in jail. If
they want to go to that extent, they should get a search warrant and go through the
criminal process. It seems absurd that they can write an article that says nine out of ten
people don't cause a problem, but they need to bring out a huge hammer for the ten
percent of people who do. Don't rule on this. Give it more time so people can understand it
more closely. It's not meant to go from a civil to criminal matter. That's the direction the
County staff is asking to go.
Dan McShane, 1451 Grant Street, Bellingham, submitted an aerial photograph of
Harbor Shores LLC. When it comes to planning issues, let the land speak. In this case, the
land has spoken toward urbanizing a number of years ago. That is not a good scenario for
Drayton Harbor. He thanked Councilmember Caskey- Schreiber for the tremendous job
she's done on the Council. A lot of attention is given to land use issues in this County.
However, Councilmember Nelson's attention to health issues will be sorely missed. Certain
things in Whatcom County wouldn't be the way they are without Councilmember Fleetwood.
David Hunter, 819 Mason Street, stated the Council has a lot of well - qualified people
to consider for the County Council vacancy, including a lot of well - qualified people from the
Planning Commission. He's hopeful that four people on the County Council are ready and
willing to support Dan McShane for that position. Regardless of whether or not he runs for
office again, and regardless of whether he represents the same political position. Recognize
that he is thoughtful, careful, and open to discussion. That's necessary for being a
Councilmember. He's been on that worst Planning Commission for eight years. He's found
it to be exciting and interesting from his first day, when Bob Wiesen was the Chair. He
enjoyed Mr. Wiesen's presence. It was a fun place to be. He wouldn't trade the experience.
Whatcom County Council, 12/8/2009, Page 7
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Jayne Uerling, 3245 Mosquito Lake Road, stated she thanks outgoing
councilmembers and will miss them. They have stood firm to their values and beliefs.
That's what makes the Council work. Even with their differences and hard decisions, the
Council has contributed much. She looks forward to the new councilmembers also. A large
percentage of this County is without full telecommunications ability. Commercial retail is
pushing to go totally online and on the net. They have a vast majority of the population
that don't have access to this technology. The Recovery Act has placed billions of dollars
into it, specifically for regions such as those in this county that lack the ability to get on the
internet. Look closely at the population not being served, the cost, and whether they can
access any of the Recovery Act funds. Move toward getting all of Whatcom County in the
21St Century.
Joan Casey, Bellingham, stated she lives in District 1. She has known and worked
with Dan McShane for 15 years. Select Dan McShane for the vacant Council seat. He is
familiar with all the issues, and has the values she holds dear. She thanked all the
councilmembers for their work for Whatcom County. She expects to see outgoing
councilmembers in the future.
Skip Jansen, 2024 Northshore Drive, stated an error has been made by taking
Harbor Shores LLC out of the UGA. It's been in his family since 1965. It's already
developed to urban density. It's common sense that a mistake has been made by taking
this 20 -acre parcel out of the UGA, and adding an undeveloped 300 or 400 acres in the
Blaine area. Talk to Planning Director Stalheim, who is well- informed on the issue.
Wyburn Bannerman, 3455 Kluken Road, Ferndale, stated Mr. McShane has been in
County politics for many years. Recently, people in Whatcom County decided they didn't
need him or his agenda any longer, and elected a relative newcomer. There is no reason
why they should bring him back in through the back door. Consider someone else.
Uerling stated that as a resident of District 1, and she would like someone from
District 1 to fill the seat.
Don Hansey, 907 41St, Bellingham, stated he is an applicant for the vacant County
Council seat. He filled out the application and got it in on time. After that, he found out
that they asked for a resume. He prepared the information and described his political
experience. He understands the County Charter and ordinances. He can step forward and
deal with issues fairly and reasonably. If appointed, he would not seek election. He would
spend all his time, effort, experience, and undivided attention to represent the County so
that someone that the voters can choose can be appointed. There are a lot of good
candidates the voters can choose.
Doug Pullar, 5541 Guide Meridian, stated consider all applicants for the Council
vacancy, not just one person. There are others who are qualified.
Jim Dickinson, 2094 West Shore Drive, Lummi Island, stated everyone is looking at
hard times coming. They aren't going to get any better soon. Begin to think about what
they're supposed to be doing with their governmental agencies. Many things will have to be
discarded if they are going to survive at all. With that in mind, appoint someone to the
Council vacancy that is not aligned with anybody. He would consider Mr. Hansey, because
he really wasn't aligned with anybody. Otherwise, appoint someone new that they haven't
seen before. He likes Doug Starcher and Chris Ungern, because he knows them both. Stay
Whatcom County Council, 12/8/2009, Page 8
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away from the old politics -as -usual that has been going on in this county. It won't be the
status quo they've been used to.
Pat Hammill, 1717 Edgewater Lane, Bellingham, stated she would speak regarding
the County Council vacancy. The Planning Commission caused much divisiveness. It put
fear into the hearts of landowners by their constant throwing around of ten -acre zoning.
She was at the meetings every time it came up. They kept saying ten -acre zoning. Don't
go that way. They've had enough vicious fighting. They must come together somehow.
The people from the Planning Commission didn't bring anyone together.
OTHER ITEMS
12. NOMINATIONS AND POSSIBLE APPOINTMENT TO FILL THE DISTRICT 1,
POSITION B, VACANCY ON THE WHATCOM COUNTY COUNCIL (AB2009 -456)
Fleetwood read the authority they are required to follow. Their actions are governed
by the County Home Rule Charter, Whatcom County Code, and State statutes. Some
members of the public have suggested that the appointment should not be made until the
recently - elected Councilmembers have been seated in January. The Code requires the
Executive to make the appointment if the vacancy remains unfilled for a period of 30 days
because of the Council's inability to make the appointment. Those 30 days will expire
before the new Council is seated. Deferring this decision to the new Council is not
permitted under the Code. The Council may meet in executive session to evaluate
candidate qualifications, but an interview and final action shall be in an open meeting. The
Council must determine tonight the voting process. They received applications from 24
individuals. He thanked each applicant.
The existing rules require them to nominate in an open, regular meeting, convene as
Committee of the Whole to consider the nominations and discuss process, and reconvene as
the Council to vote on the appointment.
Brenner stated the County Council can change the Code whenever it wants. None of
that is in the Charter. She didn't have time to call most of the applicants once the
applications arrived. There is one important question she must ask the candidates. She
won't give anyone a leg up in the election. It's very important to not give anyone an
advantage in an election. The way the resignation happened wasn't fair to the Council or
public. There was no emergency or death in the family. Nothing required a resignation
announcement at one a.m. She would like to postpone this appointment for a special
meeting to be determined, because she hasn't been able to contact some of these people.
She moved to make nominations now, but postpone the vote for a meeting to be announced
at a later date.
The motion failed by the following vote:
Ayes: Nelson and Brenner (2)
Nays: Crawford, Caskey- Schreiber, Weimer and Fleetwood (4)
Weimer nominated all 24 candidates who applied.
Crawford nominated Ward Nelson.
Nelson stated he appreciated the nomination, but it would only be until the election.
Whatcom County Council, 12/8/2009, Page 9
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(Clerk's Note: Chair Fleetwood recessed the Council meeting at 8:25 p.m. and called
to order a special Committee of the Whole meeting to discuss nominations and /or process.)
Fleetwood read the appointment process steps into the record:
1. Having received nominations the Council will vote on applicants.
2. Each councilmember shall indicate, by roll call vote, applicants whom they
could support for appointment. The Clerk shall call the roll of each applicant
nominated.
3. Should only one applicant of all the people nominated win four or more votes,
through this first round of votes, they shall be the appointee.
4. Should more than one applicant win four votes, in this first round, the Clerk
shall call roll from this newly limited field of applicants that won four votes,
and Councilmembers shall, again, indicate their preference. Should only one
applicant win majority support he or she shall be the appointee.
5. Should no applicant win four votes in the first round of roll call votes we shall
select those applicants who won three votes and remove from consideration
those who failed to win three votes. We will then, again, indicate our
preference, by roll call vote, from this narrowed field to see if any applicant
wins a majority vote.
6. Should no applicant win majority support by this time, any Councilmember
shall have the opportunity to indicate their intention to change a vote and
move to vote on a given applicant for reconsideration. Should that applicant
win majority support he or she shall be the appointee. Should multiple
Councilmembers indicate an intention to change a previous vote all such
applicants shall be voted on simultaneously with each Councilmember having
one vote to avoid the prospect that the first person moved might win four
votes to the detriment of another who by happenstance might be second in
line.
7. Should no appointment be made through this process, the chair will entertain
a motion to declare the Council unable to make the appointment.
Brenner stated she didn't get a chance to ask her question to all the applicants, so
she can't support as many applicants as she possibly could.
Caskey- Schreiber moved to approve the appointment process steps.
Crawford suggested friendly amendments:
• Item 3, 5, and 6, "...win #eta a majority of votes..."
• Item 4, "Should more than one applicant win feu tie with a majority of
votes..."
The Council concurred with the friendly amendments.
Crawford stated he questions Item 5 and taking a second round of votes from the
pool of people who may have won three votes, but not gotten the majority of votes. He
asked why they are doing this.
Fleetwood stated it's another round and another opportunity to try and find a
majority. If they can't find four, they will take the people who got three votes. If they can't
get someone with three votes, they'll consider whether anyone wants to change their vote.
If they don't have four votes after that, they have to call a stalemate in the process and
turn it over to Executive Kremen.
Whatcom County Council, 12/8/2009, Page 10
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Crawford stated that if the appointment goes to Executive Kremen, he is bound to
appoint someone by or on the 30th day. He asked if this process infers that the Council
won't get another chance to make an appointment if they don't make it tonight, even
though it has another few weeks.
Fleetwood suggested a friendly amendment to delete item seven. If they don't
get a majority, he will entertain a motion to declare the Council unable to make the
appointment, or anyone can move to elongate the process.
Crawford stated it would be wise to make that motion.
Caskey- Schreiber accepted the friendly amendment.
Weimer stated he has a process question for the clerk or attorney. He's trying to
wrap his head around Mr. Nelson's name, and whether there's a conflict of interest in
voting, with his name on here. He asked if he gets two votes on the Council if they appoint
him this evening, for the rest of the month. He asked how this should work.
Fleetwood stated the question is addressed to their lawyer.
Karen Frakes, Prosecutor's Office, stated that as far as Mr. Nelson being able to vote
for himself, that isn't appropriate, because he has a financial interest in the outcome,
obviously.
Brenner asked what happens if they don't find four votes for anyone, and it goes to
the Executive, and he appoints someone who resigns after the next Council takes office.
She asked if they would do this again. Frakes stated they would.
Crawford stated he doesn't understand that question, if someone resigns.
Brenner stated the Executive has a deadline to appoint someone. This thing was
kind of timed to do something a certain way, that isn't in the best interest of the public. He
could appoint someone who would fill the spot until the next Council is in place.
Crawford asked if it's okay for Executive Kremen to appoint Ward Nelson, even
though Ward Nelson will fill his term until January 12. Frakes stated Councilmember Nelson
doesn't get two votes on the Council.
Crawford asked if they don't see a problem with Ward Nelson being the appointee if
the Executive doesn't see a problem, and it's just that Councilmember Nelson can't vote for
himself. Frakes stated that's right.
Crawford stated he has a number of questions on the appointment process, starting
with item six. He asked the intent of item six.
Fleetwood stated that if there is a scenario that if two councilmembers reconsidered
their votes in order to appoint someone, the person who reconsidered first would have an
advantage. He tried to eliminate that potential advantage.
Crawford suggested a friendly amendment to eliminate process Item 5. It is not
appropriate. They each have a vote. If they see an opportunity to block someone else,
they need to be able to exercise that opportunity. Go through process Item 3, and end the
process there. If they cannot get someone with four votes after the first roll call, they are
Whatcom County Council, 12/8/2009, Page 11
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complicating things by trying to revote on those with three votes. If they can't reach a
majority vote on one person after going through the first roll call, they are in a log jam.
Don't use the results of that vote to try and winnow this down any further.
Fleetwood stated the additional procedure was in response to concerns from a lot of
people that they don't cut off voting too soon, and demonstrate that they're trying.
However, he understands that it's probably a deadlock if they can't appoint someone in the
first round.
Brenner stated she respects how difficult it was to develop this process, so postpone
it so they can all give their suggestions.
Crawford amended his suggestion for a friendly amendment, and suggested
that they eliminate process points four through six, in addition to eliminating point seven.
Caskey- Schreiber accepted the friendly amendment.
Fleetwood stated they have to go through step four, in the event more than one
person got four votes. He restated the motion to go through process steps one through
four, vote one round, and see if they can get majority support.
Brenner stated she doesn't agree that everyone has their minds made up. She didn't
get to talk to some of the people. There are people she can't support because she didn't
get to talk to them.
The motion to approve the process as amended carried by the following vote:
Ayes: Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (5)
Nays: Brenner (1)
Fleetwood asked if they want to discuss nominations.
Unidentified speaker stated it is a violation of Mr. Nelson's civil rights if he cannot
vote for himself, according to the U.S. Constitution.
Crawford stated they got some information, including a legal opinion, on one of the
applicant's residency. That person is still on the list. He asked if that person is eligible.
Dana Brown - Davis, Clerk of the Council, responded to questions (inaudible).
(Clerk's Note: Chair Fleetwood adjourned the Committee of the Whole meeting and
reconvened the Council meeting to vote on the nominations.)
Weimer removed his nomination of John Kole because of the legal opinion that he is
not a resident of District 1.
Brenner nominated John Kole. His house is in District 1.
The Clerk took the following roll call votes:
Whatcom County Council, 12/8/2009, Page 12
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HUE BEATTIE
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Yes
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
ROBYN DUPRE
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Yes
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
DAVID FRANKLIN
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Yes
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
BILL GORMAN
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Yes
Schreiber
No
X
X
X
X
X
X
OLIVER GRAH
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
X
X
X
Yes
X
X
X
No
Whatcom County Council, 12/8/2009, Page 13
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DON HANSEY
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Yes
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
LARRY HELM
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Yes
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
DAVID HUNTER
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Yes
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
LARRY JACOBY
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Yes
Schreiber
No
X
X
X
X
X
X
KRIS KEYES - HALTERMAN
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
X
X
X
Yes
X
X
X
X
X
No
JOHN KOLE
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
X
Yes
X
X
X
X
X
No
Whatcom County Council, 12/8/2009, Page 14
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GARY LYSNE
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Yes
abstained
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
JEAN MELIOUS
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Yes
abstained
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
LESLIE MCROBERTS
Fleetwood
Weimer
Nelson-
Crawford
Brenner
Caskey-
Yes
abstained
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
DAN MCSHANE
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Yes
Schreiber
No
X
X
X
X
X
X
Yes
X
X
X
No
DAVE PROS
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Yes
No
X
X
X
X
X
X
Whatcom County Council, 12/8/2009, Page 15
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LARRY Q UINLIVAN
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Caskey-
Schreiber
Schreiber
X
X
X
X
X
Yes
Yes
X
X
X
X
X
X
No
No
PAUL SCHISSLER
Fleetwood
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Schreiber
X
X
X
X
X
X
Yes
X
X
X
X
X
X
No
No
RPHALEE SMITH
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Caskey-
Schreiber
Schreiber
X
X
X
X
X
Yes
Yes
X
X
X
X
X
X
No
No
DOUG STARCHER
Fleetwood
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Schreiber
X
X
X
X
X
Yes
Yes
X
X
X
X
X
X
X
No
HILARY CULVERWELL
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
X
X
X
X
X
Yes
X
X
X
X
X
X
No
THERESA SYGITOWICZ
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
X
X
Yes
X
X
X
X
No
Whatcom County Council, 12/8/2009, Page 16
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ROBERT THORNDIKE
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Caskey-
Schreiber
Schreiber
X
X
X
X
Yes
Yes
X
X
X
X
X
No
No
KRISTIAN UNGERN
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Caskey-
Schreiber
Schreiber
X
X
X
X
Yes
Yes
X
X
X
X
X
No
No
WARD NELSON
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
X
X
Yes
X
X
X
No
Crawford moved that Council is unable to make the decision and should move the
appointment to the County Executive.
Fleetwood stated that if any councilmembers are inclined to reconsider any vote, now
is the time to indicate that.
Brenner stated she might be inclined to reconsider if she had time to talk to some of
these people.
Nelson stated he's disappointed in how this whole process occurred. It's unfortunate
they had to go through this. He agrees with Councilmember Brenner that they should have
had time for people to provide input and for the councilmembers to sit down with some of
these people.
Brenner stated it's a disservice to the public and Council. Half the councilmembers
aren't going to be here. It's not fair.
The motion to declare the council unable to make the appointment carried by the
following vote:
Ayes: Nelson, Crawford, Caskey- Schreiber and Fleetwood (4)
Nays: Weimer and Brenner (2)
(Clerk's Note: The Council took a break from 9 :19 p.m. to 9 :40 p.m.)
Whatcom County Council, 12/8/2009, Page 17
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PUBLIC HEARINGS
1. RESOLUTION ADOPTING A 2010 BUDGET FOR THE BIRCH BAY WATERSHED
AND AQUATIC RESOURCES MANAGEMENT DISTRICT (AB2009 -451)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
of the meeting.)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
Caskey- Schreiber moved to approve the resolution.
Brenner asked about non - profits policies.
Kraig Olason, Public Works Department, stated this is actually a fee with exemptions
for seniors only.
Brenner stated it smells like a tax. She asked if there is a low impact part of the
development. Olason stated a supplemental will come later to fund capital projects.
Nelson asked if any of these projects will have matching funding or water resource
funding from the county. Olason stated all the money will come from the BBWARM District.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Caskey- Schreiber, Brenner, Weimer and Fleetwood (6)
Nays: None (0)
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through 40.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Caskey- Schreiber, Brenner, Weimer and Fleetwood (6)
Nays: None (0)
I. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM
COUNTY FLOOD CONTROL ZONE DISTRICT FOR THE 2009 -2010 MARIETTA
ACQUISITION PROJECT (AB2009 -459)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT WITH THE WASHINGTON STATE MILITARY DEPARTMENT AND
EXECUTE PURCHASE AGREEMENTS AND CONSTRUCTION CONTRACTS FOR
PROJECT IMPLEMENTATION FOR A HAZARD MITIGATION GRANT PROGRAM
FOR ACQUISITION OF FLOOD DAMAGED PROPERTIES IN MARIETTA, IN THE
AMOUNT OF $343,090 (AB2009 -460)
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3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT RENEWAL BETWEEN WHATCOM COUNTY AND BURLINGTON
ENVIRONMENTAL LLC TO OPERATE THE MODERATE RISK WASTE FACILITY
(DISPOSAL OF TOXICS) AT 3505 AIRPORT DRIVE, IN THE AMOUNT OF
$1,125,000 (AB2009 -461)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM ALLIANCE FOR
HEALTHCARE ACCESS FOR HEALTH INSURANCE AND CARE CONNECTION
SERVICES, IN THE AMOUNT OF $50,000 (AB2009 -462)
S. REQUEST APPROVAL AND AUTHORIZATION FOR THE COUNTY EXECUTIVE TO
ENTER INTO A CONTRACT AMENDMENT FOR EXTENSION OF THE TERM OF
SERVICES WITH REISNER DISTRIBUTOR, INC,. IN THE AMOUNT OF
$400,000 (CONTRACT AMOUNT AMENDED TO $800,000) FOR THE PURPOSES
OF PROVIDING A CARD LOCK FUELING SYSTEM FOR FLEET VEHICLES
(CONTRACT TO BE EXTENDED FROM JANUARY 1, 2010 THROUGH DECEMBER
31, 2011) (AB2009 -463)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND WELLMAN &
ZUCK CONSTRUCTION LLC FOR THE "DEMOLITION OF ELEVEN BUILDINGS
AT BAY HORIZON PARK" AND EXTENSION OF THE CONTRACT FROM
NOVEMBER 17, 2009, TO DECEMBER 31, 2009, IN THE AMENDED AMOUNT
OF $39,339.25 (FOR A TOTAL CONTRACT AMOUNT OF $266,066.28
(AB2009 -464)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND
CATHOLIC COMMUNITY SERVICES RECOVERY CENTER FOR THE PROVISION
OF SUBSTANCE ABUSE EVALUATION AND SERVICES UNDER THE CHEMICAL
DEPENDENCY DISPOSITION ALTERNATIVE PROGRAM, IN AN AMOUNT NOT
TO EXCEED $30,000 (AB2009 -465)
8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONSULTANT AGREEMENT BETWEEN WHATCOM COUNTY AND DAVID EVANS
& ASSOCIATES FOR THE FINAL DESIGN PHASE TO REPLACE THE POTTER
ROAD S. FORK BRIDGE #148, CRP #998027, IN THE AMOUNT OF $533,343
(AB2009 -466)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SOLE SOURCE VENDOR ACS
ENTERPRISE SOLUTIONS FOR SOFTWARE DEVELOPMENT SERVICES
RELATED TO THE ASSESSOR /TREASURER SYSTEM, IN THE AMOUNT OF
$22,800 (AB2009 -467)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES BETWEEN WHATCOM COUNTY AND WILSON
ENGINEERING LLC FOR THE LAKE SAMISH COMPREHENSIVE STORMWATER
PLAN, IN THE AMOUNT OF $109,946 (AB2009 -468)
Whatcom County Council, 12/8/2009, Page 19
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11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR CONSULTANT SERVICES BETWEEN WHATCOM COUNTY AND
ANCHOR QEA, LLC IN SUPPORT OF RIPARIAN CONDITION AND FUNCTION
ASSESSMENT INCLUDING GIS SERVICES AND PRODUCTS FOR COASTAL
AREAS FROM POINT WHITEHORN NORTH TO THE CANADIAN BORDER, IN
THE AMOUNT OF $29,997 (AB2009 -469)
12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY, CITY OF
BELLINGHAM AND LAKE WHATCOM WATER AND SEWER DISTRICT FOR COST
SHARING FOR TASKS RELATED TO THE EXISTING LAKE WHATCOM
TRIBUTARY MONITORING PROJECT BETWEEN THE COUNTY, CITY AND
DISTRICT, IN THE AMOUNT OF $349,514 (AB2009 -470)
13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #09 -82
AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND LOW
BIDDER, AWARD CONSTRUCTION, INC. FOR INSTALLATION OF TWO
BIODIESEL TANKS AND WIRELESS CAMERA CONVERSION AT CENTRAL
SHOP, IN THE AMOUNT OF $150,791.13 (AB2009 -471)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF THE ANNUAL 2010 SUPPLY OF GUARDRAIL FROM VENDOR,
CORAL SALES, UTILIZING WASHINGTON STATE CONTRACT, IN THE AMOUNT
OF APPROXIMATELY $50,000 (AB2009 -472)
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF RADIOS AND RELATED EQUIPMENT FOR THE SHERIFF'S
VEHICLES FROM VENDORS, MOTOROLA AND DAY WIRELESS, UTILIZING
WASHINGTON STATE CONTRACT, IN THE AMOUNT OF APPROXIMATELY
$60,000 (AB2009 -473)
16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE OF AUTOBODY REPAIR SERVICES IN 2010 FROM VENDOR CEI
GROUP WITH GITT'S AUTOBODY OF FERNDALE, UTILIZING WASHINGTON
STATE CONTRACT, IN THE AMOUNT OF APPROXIMATELY $35,000 (AB2009-
474)
17. RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY BY PUBLIC
AUCTION AND THE SETTING OF A DATE FOR PUBLIC HEARING (AB2009-
475)
18. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC FOR JAIL MENTAL HEALTH PROFESSIONAL SERVICES,
IN THE AMOUNT OF $104,618 (AB2009 -476)
19. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC FOR MENTAL HEALTH PEER SUPPORT SERVICES, IN
THE AMOUNT OF $75,000 (AB2009 -477)
20. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING AND
Whatcom County Council, 12/8/2009, Page 20
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PSYCHIATRIC CLINIC FOR SHELTER PLUS CARE HOUSING IMPLEMENTATION
SERVICES, IN THE AMENDED AMOUNT OF $54,431 FOR A TOTAL CONTRACT
AMOUNT OF $95,254.20 (AB2009 -478)
21. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
ALLOCATION OF 2060 LOW INCOME HOUSING REPAIR AND RETENTION
FUNDING AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
SEAN HUMPHREY HOUSE FOR FLOORING REPLACEMENT AT THE HOUSE, IN
THE AMOUNT OF $9,018 (AB2009 -479)
22. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
ALLOCATION OF 2060 LOW INCOME HOUSING REPAIR AND RETENTION
FUNDING AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
SUN COMMUNITY SERVICES FOR NEW APPLIANCES AND INTERIOR
PAINTING AT SUN HOUSE, IN THE AMOUNT OF $3,060 (AB2009 -480)
23. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND GENEVA
CONSULTING FOR CONTINUED PHASE IV IMPLEMENTATION OF THE WRIA 1
WATERSHED MANAGEMENT PROGRAM, IN THE AMENDED AMOUNT OF
$37,500 FOR A TOTAL CONTRACT AMOUNT OF $63,900 (AB2009 -481)
24. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
NORTHWEST ECONOMIC COUNCIL FOR ASSISTANCE WITH THE OVERSIGHT
OF THE EDI FUND AND EXPANDED OUTREACH TO THE BUSINESS
COMMUNITY, IN THE AMENDED AMOUNT OF $100,000, FOR A TOTAL
CONTRACT OF $140,500 145,000 (AB2009 -482)
25. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SUN COMMUNITY SERVICES
FOR EMERGENCY SHELTER SERVICES AT SUN HOUSE AND TRANSITIONAL
HOUSING SERVICES AT GLADSTONE HOUSE, IN THE AMOUNT OF $127,000
(AB2009 -483)
26. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND OPPORTUNITY COUNCIL FOR
WHATCOM COUNTY SERVICE CENTER ADMINISTRATIVE SERVICES, IN THE
AMOUNT OF $586,501 (AB2009 -484)
27. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
ALLOCATION OF 2060 LOW INCOME HOUSING REPAIR AND RETENTION
FUNDING AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
YWCA FOR REPLACEMENT OF A WALKWAY AND STAIRS AT LARRABEE
RESIDENCE, IN THE AMOUNT OF $5,632 (AB2009 -485)
28. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE
ALLOCATION OF 2060 LOW INCOME HOUSING REPAIR AND RETENTION
FUNDING AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND
OPPORTUNITY COUNCIL FOR EMERGENCY HOME REPAIRS, IN THE AMOUNT
OF $65,000 (AB2009 -486)
Whatcom County Council, 12/8/2009, Page 21
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29. RESOLUTION ORDERING THE CANCELLATION OF UNCOLLECTABLE
ACCOUNTS RECEIVABLE FOR PARKING VIOLATIONS MORE THAN A YEAR
OLD (AB2009 -487)
30. RESOLUTION ORDERING THE CANCELLATION OF UNREDEEMED WARRANTS
MORE THAN A YEAR OLD (AB2009 -488)
31. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM CENTER FOR
EARLY LEARNING TO PROVIDE PARENT -TO- PARENT SUPPORT
COORDINATION, EVENTS, AND ACTIVITIES FOR FAMILIES OF CHILDREN
WITH DEVELOPMENTAL DISABILITIES AND DELAYS, IN THE AMOUNT OF
$34,429 (AB2009 -489)
32. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES
FOR JAIL RE -ENTRY SPECIALIST SERVICES, IN THE AMOUNT OF $106,000
(AB2009 -490)
33. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM WHATCOM
CHAMBER OF COMMERCE AND INDUSTRY FOR ADVERTISING AND
PROMOTION OF THE SKI TO SEA FESTIVAL, IN THE AMOUNT OF $29,000
(AB2009 -491)
34. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE MT. BAKER FOOTHILLS
CHAMBER OF COMMERCE FOR FUNDING TO PROMOTE TOURISM, IN THE
AMOUNT OF $62,000 (AB2009 -492)
35. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM WHATCOM
COUNTY TOURISM TO PROVIDE SERVICES TO PROMOTE TOURISM IN
WHATCOM COUNTY, IN THE AMOUNT OF $165,600 (AB2009 -493)
36. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT WITH RON WRIGHT & ASSOCIATES/ ARCHITECTS, PS, FOR
ARCHITECTURAL DESIGN SERVICES FOR THE MENTAL HEALTH TRIAGE
CENTER AT THE WHATCOM COUNTY JAIL WORK CENTER, IN THE AMOUNT
$30,120 (AB2009 -496)
37. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO CHANGE
VENDORS FROM IKON TO COPIERS NORTHWEST FOR THE COUNTY'S SUPPLY
OF CANON COPIERS (AB2009 -497)
38. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT WITH K- ENGINEERS, INC. FOR ELECTRICAL ENGINEERING
SERVICES FOR THE COMPUTER ROOM UPS AND GENERATOR, IN THE
AMOUNT OF $22,500 (AB2009 -498)
39. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT WITH AMX INTERNATIONAL FOR J.D. EDWARDS SYSTEM
SUPPORT, IN THE AMOUNT OF $35,000 (AB2009 -499)
Whatcom County Council, 12/8/2009, Page 22
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40. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO
CONTRACT ADDENDUM #3 WITH WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC FOR JAIL PSYCHIATRIC SERVICES (AB2009 -500)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET,
THIRTEENTH REQUEST, IN THE AMOUNT OF $594,099 (AB2009 -448)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Caskey- Schreiber, Brenner, Weimer and Fleetwood (6)
Nays: None (0)
2. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, FOURTH
REQUEST, IN THE AMOUNT OF $6,247,026 (AB2009 -449)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the substitute ordinance. He moved to approve the committee
recommendation to amend the ordinance to remove $100,000 for the ACP #9, Haxton Way
project, pending their discussion with the Lummi Nation regarding the status of the
Gooseberry Point landing.
The motion to amend carried by the following vote:
Ayes: Nelson, Crawford, Brenner, and Fleetwood (4)
Nays: Caskey- Schreiber and Weimer (2)
Crawford stated they're not prepared to cut the funding unequivocally. It's a matter
of getting an update on the status of the ferry in January.
Fleetwood stated he had intended to vote no on the motion to amend.
Brenner stated Councilmember Fleetwood has to make a motion to reconsider the
motion to amend.
Fleetwood moved to reconsider motion to amend.
The motion to reconsider failed by the following vote:
Ayes: Caskey- Schreiber and Fleetwood (2)
Nays: Nelson, Crawford, Brenner, Weimer (4)
Crawford stated Councilmember Fleetwood obviously did not intend to vote yes on
the motion to amend.
Nelson moved to reconsider the motion to amend.
The motion to reconsider the motion to amend carried by the following vote:
Ayes: Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (5)
Nays: Brenner (1)
Whatcom County Council, 12/8/2009, Page 23
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Nelson stated that when the Council allocated funding, they assumed they had a
ferry agreement. The Tribe stated the traffic was attributable to the ferry. Their request for
funding was to offset the impacts of the traffic that was occurring. Now, the situation is
changing. The taxpayers should at least understand how the money is being spent
regarding their traffic impacts.
Fleetwood stated the Tribe also had general safety concerns.
Caskey- Schreiber stated they hope to continue the ferry agreement for five years.
It's good to stay on good terms with the Tribe. This is a busy County road with safety
concerns. The Tribe will apply for federal funding to help the project. It's a good
investment for a widely used road. The ferry will be there longer than they think.
Brenner stated they had a good relationship with the Lummi Nation. They had a
ferry lease. They're saying it's not valid. If the County is going to negotiate with them, it
must have something to negotiate with. The Lummi Nation must want to work with the
County. The County didn't back out of anything. She would like to see a list of projects the
County is working on with the Lummi Nation.
vote:
The motion to amend failed by the following vote:
Ayes: Nelson, Crawford and Brenner (3)
Nays: Caskey- Schreiber, Fleetwood and Weimer (3)
The motion to adopt the substitute version of the ordinance carried by the following
Ayes: Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (5)
Nays: Brenner (1)
3. ORDINANCE REQUESTING THE REPEAL OF WCC 6.04.050, SECTIONS A & F,
THAT ALLOW FOR THE PURCHASE OF A MULTI -DOG LICENSE (AB2009 -450)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated she would like information on the numbers regarding of multi -dog
licenses and the associated specific problems. Problems are already covered with existing
laws about abuse, cruelty, and neglect. She's interested in working with the Humane
Society to figure out other ways to bring in money. The economy is bad. They are charging
people who are doing a fine job taking care of dogs. It's not right if a majority are not a
problem. If they adopt this ordinance, people are going to either stop adopting dogs or stop
licensing their dogs. They will create a problem bigger than the problem they're trying to
solve. This is not an issue of whether or not she loves the Humane Society. They could
increase the fee for having multiple dogs.
Crawford stated 24 kennel licenses were purchased in 2008. The total number of
animals listed on each kennel license was 250 animals.
Dewey Desler, Deputy Administrator, stated the total number of all dogs on all
kennel licenses is 250 dogs.
Crawford stated a kennel license is $65. He is going to change his vote and vote no
on this. He's having a hard time understanding how this will raise $10,000 for the Humane
Whatcom County Council, 12/8/2009, Page 24
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Society. A guy who has 35 dogs is not going to get an individual license for each of those
dogs.
Nelson stated they need to find a funding mechanism that makes sense. It's not
appropriate to use a fee mechanism on people who are doing a good job. If people aren't
doing their job right and are violating the law, there are mechanisms to deal with that. Find
a way to help people be good stewards of animals.
The motion to amend failed by the following vote:
Ayes: Caskey- Schreiber, Fleetwood and Weimer (3)
Nays: Nelson, Crawford and Brenner (3)
(Clerk's Note: Discussion continued after Other Items number five.)
4. REQUEST RATIFICATION OF DECEMBER 8, 2009 — DECEMBER 31, 2011
DEPUTY SHERIFF'S GUILD COLLECTIVE BARGAINING AGREEMENT (AB2009-
457)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
S. RESOLUTION AMENDING RESOLUTION 2008 -077 (THE 2009 — 2010
UNREPRESENTED RESOLUTION) TO BE EFFECTIVE JANUARY 1, 2010
(AB2009 -458)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
3. ORDINANCE REQUESTING THE REPEAL OF WCC 6.04.050, SECTIONS A & F,
THAT ALLOW FOR THE PURCHASE OF A MULTI -DOG LICENSE (AB2009 -450)
Brenner moved to set up a committee with the Humane Society and people who
use the kennel license to review ways to come up with a better way to enforce against those
who are not obeying the law or a small increase in the fee. Possibly discuss it in the Public
Works Committee. She would like to be a part of the committee. Begin looking at this
issue and see if they can find common ground.
Crawford stated he is against the motion. It's not necessary to formalize that in any
way. He agreed that the issue needs to be addressed further. It's not a Public Works
Committee issue. It's a finance issue. The Finance Committee will have to deal with it next
year. He recommends that Councilmember Brenner continue to work on it.
The motion to form a committee failed by the following vote:
Ayes: Nelson, Fleetwood and Brenner (3)
Nays: Caskey- Schreiber, Crawford and Weimer (3)
Whatcom County Council, 12/8/2009, Page 25
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6. RESOLUTION APPROVING THE SALE OF AN EASEMENT BY WHATCOM
COUNTY TO BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY
(AB2009 -494)
Brenner reported for the Public Works and Safety Committee and moved to
approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
7. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APP OVAL OF
DEVELOPMENT AGREEMEI,TCI'�TPREPAnED BY BIRCH BATTY BIBLE CrVM�M17NITr
GHURGH AND WHATE$M FGOUNTY PLANNING -& DEVELOPMENT 5ERVrGEv, 1N
GONSU1 TATION WITH THE WASHINGTON STATE DEPARTMENT ENT OF EGO LOG
AND THE U.S. ARMY CORPS OF NGT-EE rS RELATED TO GUP2007 0003
(AB2009 -454) RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT
BETWEEN WHATCOM COUNTY AND BIRCH BAY BIBLE COMMUNITY CHURCH
AS RECOMMENDED BY THE HEARING EXAMINER (AB2009 -454)
Caskey- Schreiber reported for the Planning and Development Committee and
moved to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
S. ORDINANCE AMENDING WCC 20.94, "ENFORCEMENT & PENALTIES" TO
CEASE ISSUING CITATIONS AND INSTEAD ISSUE ADMINISTRATIVE CIVIL
PENALTIES (AB2009 -447)
Caskey - Schreiber reported for the Planning and Development Committee and
moved to adopt the ordinance.
Nelson asked if they discussed whether the monetary amount is legal. He asked how
they compare with other jurisdictions.
Karen Frakes, Prosecutor's Office, stated the monetary amount is not a legal
problem.
Brenner asked where the word "criminal" came from. She didn't see it in the
changes. Someone said it during open session.
David Stalheim, Planning and Development Services Director, stated it's a civil
penalty and civil offense.
Caskey- Schreiber moved to approve the committee recommendation to amend
the fifth Whereas statement, "...text amendment will better protect public health...."
The motion to amend carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Whatcom County Council, 12/8/2009, Page 26
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Caskey- Schreiber moved to correct a scrivener's error in finding number 7, "The
text amendment +w+t -h will provide...."
The motion to correct the scrivener's error carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
The motion to adopt as amended carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
9. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS
AND YEAR END RE- APPOINTMENTS TO BOARDS, COMMISSIONS AND
COMMITTEES (AB2009 -495)
Weimer moved to confirm all appointments, including substitute information
received earlier.
The motion to confirm the appointments carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
10. COUNCIL APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND
COMMITTEES IN PREPARATION FOR THE YEAR 2010 (AB2009 -386)
Brenner moved to postpone this item and let the new Council appoint people after
they take office.
Dana Brown- Davis, Clerk of the Council, stated the Board of Equalization has to be
appointed now because hearings are scheduled.
Brenner amended her motion to exclude the Board of Equalization.
The motion to postpone the appointments failed by the following vote:
Ayes: Brenner and Nelson, (2)
Nays: Crawford, Caskey- Schreiber, Weimer and Fleetwood (4)
Address and Road Name Appeals Board
Crawford moved to appoint Gary Bannerman by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Board of Equalization - District 3
Fleetwood nominated all applicants for all Board of Equalization positions.
Whatcom County Council, 12/8/2009, Page 27
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The Council appointed Emily Weaver.
Board of Equalization — Alternates
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Emily
Weaver
X
X
X
X
X
X
Russell
Whidbee
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X
X
X
X
The Council appointed Emily Weaver.
Board of Equalization — Alternates
The Council appointed Carolyn Dwyer and Russell Whidbee.
Drayton Harbor Shellfish Protection District
Fleetwood nominated all applicants.
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Carolyn
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Dwyer
Russell
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Whidbee
Jene
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Pascu
Susan
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Proccdesser
Joel
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X
X
X
Tarrida
The Council appointed Carolyn Dwyer and Russell Whidbee.
Drayton Harbor Shellfish Protection District
Fleetwood nominated all applicants.
The Council appointed David Haggith, Mark Harting, and David Thomson.
Whatcom County Council, 12/8/2009, Page 28
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Gary
X
Bannerman
Michale Jay
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X
Douma
David
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X
X
X
Haggith
Mark
X
X
X
X
Harting
David
X
X
X
X
Thomson
Sharon
X
X
X
Tjoelker
The Council appointed David Haggith, Mark Harting, and David Thomson.
Whatcom County Council, 12/8/2009, Page 28
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Horticultural Pest and Disease Board
Fleetwood moved to appoint Jayne Uerling by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Law and Justice Council
Fleetwood nominated all applicants.
The Council appointed Brian Eugene Hobi.
Open Space Advisory Board
Nelson moved to appoint all four applicants to the four vacant positions, by
acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Portage Bay Shellfish Protection District
Brenner moved to appoint the two applicants to the two vacant positions, by
acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Surface Mining Advisory Committee
Crawford moved to appoint James Carr and James Essig to the Surface Mining
positions and Jason Vanderveen to the material user or citizen position, by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Whatcom County Council, 12/8/2009, Page 29
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Brian
Eugene Hobi
X
X
X
X
Linda
Lancaster
Bruce
Lierman
X
X
The Council appointed Brian Eugene Hobi.
Open Space Advisory Board
Nelson moved to appoint all four applicants to the four vacant positions, by
acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Portage Bay Shellfish Protection District
Brenner moved to appoint the two applicants to the two vacant positions, by
acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Surface Mining Advisory Committee
Crawford moved to appoint James Carr and James Essig to the Surface Mining
positions and Jason Vanderveen to the material user or citizen position, by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Whatcom County Council, 12/8/2009, Page 29
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Brenner stated Jason Vanderveen applied for the material user position. The citizen
position is a different position. He's the only applicant for the citizen position. If they work
these right, they can probably fill all vacancies with all applicants.
Crawford moved to reconsider the vote.
The motion to reconsider carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Crawford moved to appoint James Carr and James Essig to the surface mining
industry representative positions, Jason Vanderveen to the material user position, and Chris
Hatch to the citizen position, by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Fleetwood nominated Charles Doug Hooks Jr. and Aubrey Stargell to the forestry
position.
The Council appointed Aubrey Stargell to the forestry position.
Utilities Planning and Advisory Committee
David Stalheim, Planning and Development Services Committee, stated this
committee hasn't met for two years. He would like to bring forward an ordinance to repeal
this committee.
Fleetwood moved to hold this appointment in Council to the January 26, 2010
meeting.
Crawford asked if Councilmember Weimer anticipates reconvening this committee in
2010. This committee has been in the middle of huge controversies in the past.
Weimer stated the committee was mainly empowered to look at new pipelines
coming through. He doesn't know of any new pipelines in 2010. However, this includes
electric utilities. It's a good idea to be able to form this committee when necessary. It's not
necessary to keep the committee active if there's nothing to talk about.
Caskey- Schreiber stated the federal government now has authority to site these
kinds of things. The County is now powerless. She questions the necessity of this
committee.
Whatcom County Council, 12/8/2009, Page 30
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Doug Hooks
Jr.
X
X
Aubrey
Stargell
X
X
X
X
The Council appointed Aubrey Stargell to the forestry position.
Utilities Planning and Advisory Committee
David Stalheim, Planning and Development Services Committee, stated this
committee hasn't met for two years. He would like to bring forward an ordinance to repeal
this committee.
Fleetwood moved to hold this appointment in Council to the January 26, 2010
meeting.
Crawford asked if Councilmember Weimer anticipates reconvening this committee in
2010. This committee has been in the middle of huge controversies in the past.
Weimer stated the committee was mainly empowered to look at new pipelines
coming through. He doesn't know of any new pipelines in 2010. However, this includes
electric utilities. It's a good idea to be able to form this committee when necessary. It's not
necessary to keep the committee active if there's nothing to talk about.
Caskey- Schreiber stated the federal government now has authority to site these
kinds of things. The County is now powerless. She questions the necessity of this
committee.
Whatcom County Council, 12/8/2009, Page 30
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Brenner stated this committee can encompass all utilities, including Comcast. Keep
it in effect. The Council has had many complaints about a lack of or inadequate computer
service.
The motion to hold in Council until January 26, 2010 carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
11. YEAR END APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE (AB2009 -386A)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
of the meeting.)
Brenner stated she would like to know whether special district position applicants still
are a part of those special districts before voting.
Fleetwood stated that if they don't live where they're supposed to, there is a process
to remove them from the committee. Err in favor of assuming they're accurate, and
address the issue later.
Weimer stated the individuals in question have been on the committee for a long
time. He talked to Jon Hutchings, and they're within the district.
Brenner asked if Jon Hutchings vouches that they are in the district.
Fleetwood stated Mr. Hutchings indicated that they are in the district.
Flood Control Zone District Advisory Committee - Geographic Area
Fleetwood nominated all applicants.
Whatcom County Council, 12/8/2009, Page 31
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Alan Soicher
X
X
X
Dale Blok
X
Jeff DeJon
X
Marien Hansen
Jeff Rainey
X
X
Linclay Smit
X
Robert trachila
Ron Polinder
X
X
Richard Maricle
X
Mary Raines
X
Jude Sande
X
X
X
Tom
Wester green
X
X
X
Whatcom County Council, 12/8/2009, Page 31
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Crawford moved to appoint Alan Soicher, Jude Sande, and Tom Westergreen to the
three vacancies.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Flood Control Zone District Advisory Committee - Special Districts
The Council appointed Ron Bronsema.
Crawford moved to appoint Ron Bronsema and Robert Knudsen. They are the top
two vote - getters.
Brenner stated she prefers to re -vote. Some of them may change their votes.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Flood Control Zone District Advisory Committee - Impacted Cities
Brenner moved to nominate Robert Bromley by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Caskey- Schreiber asked what defines a representative of an impacted city, and
whether they can appoint one of the alternates to the Flood Control Zone District Advisory
Committee.
Jon Hutchings, Public Works Department, stated it is the mayor or his or her
appointee.
Flood Control Zone District Advisory Committee - Alternate Positions
Whatcom County Council, 12/8/2009, Page 32
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Ron
X
X
X
X
X
Bronsema
Robert
X
X
X
Knudsen
Robert
X
X
Strachila
Roger
X
X
Bajima
The Council appointed Ron Bronsema.
Crawford moved to appoint Ron Bronsema and Robert Knudsen. They are the top
two vote - getters.
Brenner stated she prefers to re -vote. Some of them may change their votes.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Flood Control Zone District Advisory Committee - Impacted Cities
Brenner moved to nominate Robert Bromley by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Caskey- Schreiber asked what defines a representative of an impacted city, and
whether they can appoint one of the alternates to the Flood Control Zone District Advisory
Committee.
Jon Hutchings, Public Works Department, stated it is the mayor or his or her
appointee.
Flood Control Zone District Advisory Committee - Alternate Positions
Whatcom County Council, 12/8/2009, Page 32
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Nelson moved to nominate Scott Bedlington by acclamation.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
Acme /VanZandt Flood Control Subzone
Fleetwood nominated all applicants.
The Council appointed Jim Strachila, Ian Smith, and Theresa Sygitowicz.
Lynden /Everson Flood Control Subzone
Fleetwood nominated all applicants.
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
Ian
X
X
X
X
X
X
Smith
Jim
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Eric
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Thomas
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Theresa
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The Council appointed Jim Strachila, Ian Smith, and Theresa Sygitowicz.
Lynden /Everson Flood Control Subzone
Fleetwood nominated all applicants.
The Council appointed John Courtney, Darryl Groves, and Nathan Kleindel.
Sumas /Everson /Nooksack Flood Control Subzone
Nelson moved to nominate Barry Hooford by acclamation.
Whatcom County Council, 12/8/2009, Page 33
Fleetwood
Weimer
Nelson
Crawford
Brenner
Caskey-
Schreiber
John
X
X
X
X
X
X
Courtney
Darryl
X
X
X
X
X
Groves
Nathan
X
X
X
X
X
Kleindel
Lloyd
X
X
Winterber
The Council appointed John Courtney, Darryl Groves, and Nathan Kleindel.
Sumas /Everson /Nooksack Flood Control Subzone
Nelson moved to nominate Barry Hooford by acclamation.
Whatcom County Council, 12/8/2009, Page 33
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The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
13. RESOLUTION APPROVING RECOMMENDATIONS ON SEVEN APPLICATIONS
FOR CLASSIFICATION, RECLASSIFICATION, OR AMENDING EXISTING
APPLICATIONS FOR OPEN SPACE CURRENT USE ASSESSMENTS FOR LANDS
LOCATED WITHIN THE CITY OF BELLINGHAM (AB2009 -455)
Fleetwood reported for the Special Council meeting and moved to approve the
resolution as the Special Council recommended. The Council recommends not approving
the Clark and Bridgeview Ventures, LLC applications.
The motion to approve the resolution as approved by the Special Council carried by
the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber and Fleetwood (5)
Nays: Weimer (1)
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items, including the addendum.
The motion carried by the following vote:
Ayes: Brenner, Nelson, Crawford, Caskey- Schreiber, Weimer and Fleetwood (6)
Nays: None (0)
1. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY BY PUBLIC AUCTION PURSUANT TO WCC 1.10 (AB2009 -475A)
2. ORDINANCE AMENDING, ON AN INTERIM BASIS, WHATCOM COUNTY CODE
20.80.735 TO MODIFY THE DATES OF SEASONAL RESTRICTIONS ON
CLEARING ACTIVITIES AND ISSUANCE OF DEVELOPMENT PERMITS WITHIN
THE WATER RESOURCE SPECIAL MANAGEMENT AREAS (AB2009 -314A)
OTHER BUSINESS
ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, THE OFFICIAL
WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY COMPREHENSIVE
PLAN AND MAPS, TO IMPLEMENT CHANGES RELATING TO COMPLETION OF THE 10
YEAR REVIEW OF THE URBAN GROWTH AREAS REQUIRED UNDER THE GROWTH
MANAGEMENT ACT (AB2009 -052G)
Caskey- Schreiber asked how to change the ordinance to allow someone to stay in
the urban growth area (UGA).
Fleetwood stated they've been told they would first have to approve a motion to
rescind the ordinance adopted November 24 and then adopt the amended ordinance, with a
provision amending one particular location. He asked whether or not that's advisable.
Whatcom County Council, 12/8/2009, Page 34
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Weimer stated it's a good idea to try to get this area into the UGA somehow, but he's
concerned about rescinding the UGA ordinance. He's not sure they can get it back in place
without four votes.
Nelson asked if they could rescind the motion and table to the next Council meeting.
Brenner stated she would support it.
Fleetwood stated the only condition by which he would agree to this fix is if there is a
clean, brief, concise way to deal with this, without opening up further discussions. The
ordinance as amended would go back to him for signatures. They would be behind the
deadline by only two weeks. He asked if they could do that from a process perspective.
David Stalheim, Planning and Development Services Department Director, stated the
process is up to the clerk and legal counsel. They would have to rescind the ordinance and
put the motion back on the table. He presented a very limited amendment of that main
motion that would amend two maps for the Blaine urban growth area. It would add the
property shown in yellow on his map. It would amend the zoning map to put the urban
zoning back in place. He has very specific language to make that change. The motion
would be to amend Chapter 2, Land Use Map UGA -2, on page 2 -36 to include the area
outlined in yellow and amend Exhibit C, the official zoning map UGA2 -A to have the area
zoned as urban residential, four units per acre (UR4).
Brenner stated she thought it passed. She voted for the final document based on it
being included.
Crawford stated he supports reconsidering this. He asked if they can come back
again and make more changes in January. He asked where this process ends. Stalheim
stated the Executive hasn't signed the ordinance. At some point when it's signed, the
ordinance goes into effect. They are limited to annual amendments to the Comprehensive
Plan. This isn't in the annual amendment cycle because it's court - ordered to be done by a
deadline. The only way to do new stuff is to docket it and put through the process in 2011.
Crawford stated his empathy and sympathy is with these folks, and he would support
this. He asked why the Yew Street folks weren't here tonight. They are making an
exception. He asked the difference.
Brenner stated it's a smaller area. Blaine is in support. Bellingham was fine with the
Yew Street area as urban reserve.
Crawford stated that's not true according to the Bellingham Mayor. He asked if folks
from other areas implore the Executive to not sign this and fix a few other things.
Fleetwood stated this is too fraught with peril. He has too many questions.
Stalheim stated the Executive, when presented with the ordinance, has ten business
days from when he receives it to sign the ordinance.
UGA.
Brenner moved to rescind the UGA ordinance to reconsider the inclusion of the
The motion failed by the following vote:
Whatcom County Council, 12/8/2009, Page 35
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Ayes: Brenner and Crawford (2)
Nays: Nelson, Caskey- Schreiber, Weimer and Fleetwood (4)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Crawford stated the Northwest Business Club will have a presentation on the
reconveyance by Mike McFarland. He encourages all to attend.
Brenner asked the councilmembers to reconsider the vote to rescind and amend the
Ordinance amending Whatcom County Code Title 20, the Official Whatcom County
Zoning Map, and the Whatcom County Comprehensive Plan and Maps, to
Implement Changes Relating to Completion of the 10 Year Review of the Urban
Growth Areas Required Under the Growth Management Act (AB2009- 052G). It's
minor. It's already urban density. This is the only time they can reconsider the vote. They
can't do it after tonight. If not, it will be two more years. There is a lot of cost to two more
years. They can start building on these lots with septic. There's no way they don't want
that on sewer. They are small lots right on Drayton Harbor. It won't create any problems
at all. She asked if the Planning Department recommended this area for the UGA. Stalheim
stated this area was not originally recommended by the City or Executive. It didn't come
out of the conversations until late in the process. If they were more aware of the
background, it probably would have had a different recommendation. It's in the current
UGA, so they have the ability in terms of process to make the change. The Executive is
favorable to considering this proposal.
Nelson stated it's not the councilmembers' individual land, money or government.
Caskey- Schreiber stated it is their government. She thanks everyone, especially
County staff and Council staff. The councilmembers are committed to this job, which makes
it a pleasure.
ADJOURN
The meeting adjourned at 11:34 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on February 9 , 2010.
Please contact the Council Office to obtain an
official, signed copy:
41 360 - 676 -6690 or council4o.whatcom.wa.us
Whatcom County Council, 12/8/2009, Page 36