HomeMy WebLinkAboutCouncil June 9 2009WHATCOM COUNTY COUNCIL
Regular County Council
June 9, 2009
Council Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Bob Kelly
Sam Crawford
Carl Weimer
Laurie Caskey- Schreiber
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Fleetwood announced there was a strategy planning discussion and positions to
be taken regarding collective bargaining (AB2009 -282) in executive session during
the Committee of the Whole meeting.
Fleetwood announced there was also an update from Whatcom County Public
Works on Points Recycling and Refuse (AB2009 -018) during the Committee of the
Whole meeting.
SPECIAL PRESENTATION
1. UPDATE ON THE WHATCOM HOMELESS SERVICE CENTER BY DIRECTOR
GREG WINTER (AB2009 -017)
Greg Winter, Whatcom Homeless Service Center Director, submitted and read from
a presentation (on file) regarding a ten -year plan to end homelessness.
Caskey- Schreiber asked how long people can stay in the transitional housing.
Winter stated it depends on the person. Each person comes up with a housing stability plan
while working with the case manager. Those who are chronically homeless have access to a
permanent rent subsidy through the Shelter Care Plus Program. They are beginning a case
management training academy so volunteers can provide longer term case management.
Brenner asked if the service can continue to provide services to that many people
each year. Winter stated the documented recording fee revenue fluctuates with the
economy. The State grant should continue at some level. His job is to diversify the funding
sources. He's confident they can keep this going at this level. If they reach their target to
reduce homelessness by 2015, they can hopefully scale back a bit. They will always want to
make prevention available.
Brenner asked if the number of homeless in Whatcom County is higher, lower, or
average compared to other areas in the State and nation. Winter stated the numbers are
Whatcom County Council, 6/9/2009, Page 1
all over the board. The quality of the homeless census varies from community to
community. It's hard to compare.
MINUTES CONSENT
Caskey- Schreiber moved to approve the Minutes Consent items.
Motion carried 7 -0.
1. SURFACE WATER WORK SESSION FOR JANUARY 20, 2009
2. SURFACE WATER WORK SESSION FOR FEBRUARY 17, 2009
3. SURFACE WATER WORK SESSION FOR MARCH 24, 2009
4. SURFACE WATER WORK SESSION FOR APRIL 21, 2009
OPEN SESSION
Flip Breskin, 2518 Cherry Street, Bellingham, stated approve the resolution to
reopen the Roeder Home on volunteer power. She asked potential volunteers in the
audience to stand. They want to find a way to get the home running without additional
expenditures beyond what it costs right now. She has volunteers standing by. Also, it looks
like the issue of liability insurance is solved.
Nelson asked if the volunteer group is considering becoming a non - profit group.
Breskin stated they aren't. Another group may come forward in the long -run. The
resolution provides an interim solution to open the home soon and create a foundation for a
nonprofit to run the home in the long run. They want an all- volunteer, locally -based group
to organize arts events that are open to the public.
Leonard Lindstrom, citizen, stated he is a social religious advisor. He was trained in
the Navy. He will give helpful advice to our poverty lowlifes. They are proud of not having
a good social IQ. That puts their social ship on the bottom, beyond salvage. They only
know how to battle each other over the rights of salvage. He should help young leadership
people put together a proper, all -hands system that will work for everyone.
Ed Simmers, Whatcom County Veterans Advisory Board, submitted and read from
his testimony (on file). The purposes of the board are to determine the needs of indigent
veterans in Whatcom County and to make recommendations to the County for programs
that can be funded from the dedicated veterans assistance fund. The Board passed a
resolution because it is concerned that the County government hasn't yet implemented the
programs for indigent veterans, for which the County Council appropriated funds this year.
Also, there is a concern to reduce the State mandated levy to fund these programs. The
demand is growing. They have money. The Council approved the programs. It's six
months into the year, and not one dime has been spent on any of these programs.
Gary Lysne, 2472 Northshore Road, Bellingham, stated the Council should look
closely at the administration's proposal for balancing the budget. Their priorities are out of
balance. The fix is short-term and one -time. The shortfall is $8.9 million. The
administration historically over - budgets by an average of $5 million per year. They want to
Whatcom County Council, 6/9/2009, Page 2
close the jail fund, which is a mere pittance. They want to take money from emergency
medical services. The administration told the community in 2005 that there was no money
for emergency medical services unless they increased the sales tax. At that time, there was
$26 million in the general fund. There was $54 million in unreserved funds. In 2007, there
was $60 million in unreserved funds. They will say they can't touch that money because it's
for,specific uses. The administration is taking the interest from those funds and putting it
into the general fund, which should fund emergency services. The County's budget is
approximately $180 million. The administration is spending $18 million per year in outside
consulting fees, and they want to furlough employees, which will cut services to the citizens.
That's not necessary. Reconsider the administrative services fund. He opposes the
administration's proposal.
Johnnie Grames, citizen, stated today he was at the Opportunity Council, and was
really impressed with the services and the way they went about their business. Just by
coincidence, he didn't know they would be here tonight. They treated him very well. The
County people treat him very well, as well. It's a pleasure to go to a government agency,
because it is the people's government. Homeless people are the other end of the spectrum
to people that live in mansions and get to golf.
Also today, there is an article in the Seattle Times about a professor that won part of
his appeal where they had a secret meeting. He got trashed by the Assistant Attorney
General on Holly Street. He has a parallel case, only he couldn't afford to go to the
Supreme Court. The secret meeting was right up here in the courthouse.
Another thing he wants to bring up is all of this government money that is going to
jails. There is supposedly a thousand federal officers in this county. He guesses that is a
thousand votes for Laurie Caskey- Schreiber.
Crawford stated Mr. Grames showed up today at the Council Office. Since last week
was filing week, he was concerned that this would be the last meeting of some of the
councilmembers. He wanted to say a proper goodbye. Mr. Grames was concerned he
wouldn't get a chance to say goodbye to some.
Grames asked Councilmember Crawford to pass on the information he provided
about exactly how the system works.
Crawford stated they will be here to the end of 2009.
Larry Helm, 2660 E. 41St Terrace, stated he wanted to talk about the water project
list they're using to spend the property tax increase imposed last November by
Councilmembers Kelly, Weimer, Caskey- Schreiber, and Fleetwood. The project list is
impressive. Some are very large and appear to be very expensive. The list will top $300
million before it's over. Large projects need to be split into smaller units so the descriptions
and cost analyses can be clearly explained to the public. He will continue to research this
issue. He would like to see the list published in the Bellingham Herald so the community
can become involved in future decisions about the expenses, since the public was never
able to vote on the tax increase.
A major concern is the lack of aquifer studies to determine the amount of water
resources actually in the ground. The County spent over $1 million on Utah State University
(USU) for the water resource inventory area (WRIA) study not that long ago. They received
very little useful information from that expenditure. The USU hydrologists were to study the
County's subsurface water based on small aquifer studies around Lynden. They
Whatcom County Council, 6/9/2009, Page 3
1 extrapolated the data out to the entire county. The coefficient of error was so large that the
2 study wasn't realistic. They will eventually have to quantify their water resources to deal
3 with all the exempt well requests. Do that sooner rather than later. Add aquifer studies to
4 the top of the list.
5
6 Steve Harris, 1532 Fruitland Drive, Bellingham, stated the County Council and
7 Bellingham City Council have taken substantial steps over the years to improve water
8 quality in Lake Whatcom. They have banned detergents, fertilizers, and use of the two -
9 stroke motor on the lake. Those are good efforts.
10
11 The Sheriff's Office is required to enforce the two - stroke engine ban on Lake
12 Whatcom. The primary vessel used in enforcement has two two - stroke motors on it. In
13 seeing that hypocrisy, the Sheriff requested $150,000 from the boating safety fund to
14 replace the patrol boat with the more efficient, clean- burning four - stroke motors and a more
15 efficient boat. The existing boat is 22 years old, and was donated to the County by the
16 government.
17
18 The Executive's Office denied the Sheriff's request because there was no budget for
19 the replacement. The funding for the new boat would not come from the general fund. The
20 funding would come from a dedicated fund given back to Whatcom County by license fees
21 paid by boaters. The State of Washington returns a portion of that money to Whatcom
22 County, based on the number of registrations, to be used specifically for boating education
23 and enforcement.
24
25 The Sheriff's Office has saved that money because there is no replacement funding
26 for vessels to make this purchase. Not only was the' purchase denied, but that entire
27 funding stream was swept into the general fund. He asked the Executive and Council to
28 release those funds so the Sheriff's Office can purchase equipment to enforce the water
29 quality issues they have in the lake, and also remain in compliance.
30
31 Dewey Desler, Deputy Administrator, stated there is no separate boating fund. A
32 large number of expenditures have occurred over the years. They have audited those
33 expenditures, and determined that there is no money left in the boating fund. The
34 administration proposed to the Sheriff that they purchase appropriate motors that would
35 work 'for the boating program. The Sheriff wants something much bigger, which is a
36 $150,000 vessel. They haven't gotten together yet on this matter. Any money they do
37 spend for something like this has to come from the general fund, because it hasn't been
38 budgeted.
39
40 Caskey- Schreiber asked if replacement would come from the equipment rent and
41 revolve (ER &R) fund. Desler stated it would not because it was never put in the ER &R fund.
42
43 Crawford asked to schedule a report on the status of that boat and the
44 administration's interaction with the Sheriff's Office in the Finance Committee. Desler
45 stated they would do that. The Finance Committee asked for a report on the boating
46 program in the past, and the Sheriff's Office never delivered that report.
47
48 Crawford asked Mr. Harris to get his information to the County Council as well, so
49 the County Council can take the appropriate action. They would not want to see that
50 hypocrisy continue. It needs to be addressed. The Council would be willing to work on it.
51
52 Brett Bonner, 3025 Ellis Street, Bellingham, submitted and read from his testimony
53 (on file) regarding the mini - initiative regarding property tax increases over one percent.
Whatcom County Council, 6/9/2009, Page 4
The Council did not follow rules. The mini - initiative should have been introduced at the
Council's May 26, 2009 meeting. He asked the Council to hold a special meeting to consider
the mini - initiative.
(Clerk's Note; End of tape one, side A.)
Fleetwood stated that regardless of when the Council introduced the mini - initiative,
the Council will hold its hearing within 60 days of May 26, 2009. The suggestion that the
Council is somehow trying to buy additional time is specious, because the Council is
planning to have the hearing in two weeks.
Bonner stated the law says the Council has 60 days from the date of introduction.
Fleetwood stated the County Code says that. The County Charter says something
different. They followed the Code. The Charter doesn't specify the introduction. It doesn't
have that language. The Clerk interpreted it to require following the Charter.
Caskey- Schreiber stated she was involved in this process, and didn't think they did
anything outside the rules. This is typical. It takes a little bit of time to prepare the
agenda. Usually, when they introduce stuff, the Clerk has to have the information a week
early. This is actually an expedited timeframe. She feels like Mr. Bonner set them up for a
no -win situation. They have a full agenda and are trying to get everything in. They decided
to start the meeting early. Now Mr. Bonner is saying that starting the meeting early is a
detriment to his supporters' testimony, but he doesn't want to go second on the agenda.
She asked which he wants.
Dana Brown - Davis, Clerk of the Council, stated they started the clock on May 22, the
date they received the information in the Auditor's Office. That clock takes them to July 20,
which means that the only date available for a public hearing on this issue was June 23.
Bonner asked why they decided it had to be on the same night as the urban growth
area (UGA) hearing.
Fleetwood stated they polled the councilmembers. They could have done it
differently. A majority of the councilmembers agreed to hold the hearings on June 23. The
UGA public hearing will start at 6 p.m. He doesn't think it will be that big of an issue. They
will take a break after that is over. If that hearing turns out to be bigger than they expect,
they will have to consider whether or not they can schedule it at another time. There will
be an opportunity for everyone to testify on the mini - initiative.
Crawford stated hold the mini - initiative hearing at 6 p.m. on June 23. It will only
take 20 people to show up to make it last an hour. There will probably be many more than
20 people. If people get confused, want to come to the meeting at 7 p.m., and don't know
it's scheduled to start at 6 p.m., those people will still have an opportunity to testify. They
don't need to have a meeting on a separate night. The mini - initiative will draw many more
people than the UGA issue, so it should be scheduled first on the agenda.
Caskey- Schreiber stated she doesn't care what time it is scheduled, but she doesn't
want to hear that the Council is sabotaging their efforts by changing the meeting time. The
Council is changing the meeting time to try and get everyone in as early as possible so they
feel like they have had an opportunity to speak.
Fleetwood asked if the Council wants to schedule the mini - initiative issue first.
Whatcom County Council, 6/9/2009, Page 5
The Council concurred.
Bob Wiesen, 3314 Douglas Road, Ferndale, stated he has concerns about the
Comprehensive Plan review. He attended a Planning Commission meeting when it appeared
there is an effort to downzone all rural lands to ten acre parcels. The Revised Code of
Washington (RCW) 36.70A.070 deals with rural counties and Comprehensive Plans. He read
subsection B of that section. There is supposed to be a variety of rural densities, uses,
essential public facilities, and rural governmental services needed to serve those densities
and areas.
It's a misconception that all rural lands must have a minimum density of five acres.
There are areas of the county that can have one- or two -acre lots. Rezone that area, and
transfer rights from agricultural rural lands into those areas, which the County will control.
There isn't a workable transfer of development rights (TDR) program, because the County
doesn't have control of the receiving areas.
He is worried about how they are going to deal with the limited areas of more
intense rural development (LAMIRDs). Many things can be done in those areas. He's
concerned that they won't include all the areas that existed in 1990, which will make many
areas nonconforming, especially if they have a minimum density of ten acres in the rest of
the rural areas.
PUBLIC HEARINGS
1. RESOLUTION REGARDING A PETITION FOR THE VACATION OF A PORTION
OF SAXON ROAD, FILED BY LONGVIEW TIMBER, ET AL. (AB2009 -128)
Fleetwood opened the public hearing and the following person spoke:
Ken Carrasco, 6324 Saxon Road, Acme, stated he and his wife are opposed to the
resolution. They live directly adjacent to the project area. He described his background as
a wildlife biologist. The proposed project hasn't addressed safety concerns. It's a
misconception that this is a lightly - traveled road. Many families and logging trucks use the
road. Revised Code of Washington (RCW) 12.20.040(B) requirements have not been met.
Neighbors have not been contacted.
The South Fork of the Nooksack is fairly constrained by the topography. He would
feel more comfortable if a hydrologist reviews the project and determines what will happen
once this road is vacated and moved back from the bank.
He is also worried that the strip of road could become a drag strip once it's realigned
and straightened. It's an uncontrolled area. The area is already known as a beer drinking
area. There have already been a number of close calls from log trucks and gravel trucks
going too fast on the road.
A State Environmental Policy Act (SEPA) study should have been done on this
particular area because of the endangered species. Also, there is a public safety concern.
The petitioners should have approached the neighbors and informed them of what is going
on. This is one of the few places where the road is already some distance from the river.
He doesn't know what the purpose of the project is.
Whatcom County Council, 6/9/2009, Page 6
1 Hearing no one else, Fleetwood closed the public hearing.
2
3 Jim Perkins, Public Works Department, stated it is more of a road realignment than a
4 road vacation. The vacation is subject to approval of the new road to be built, primarily by
5 the Lummi Nation. The petition primarily comes from the Lummi Nation. The timber
6 company and Whatcom Land Trust have joined the Lummi Nation in this request.
7
8 The reason for the realigned road and vacation request has to do with salmon
9 enhancement and protection. They intend to move the road back from the river to do that.
10 They have to build the new road to County requirements. Before agreeing to the vacation,
11 the County has to approve the new road. He described the location of the new road.
12
13 Kelly stated the Whatcom Land Trust and a timber company are also involved. The
14 purpose is salmon recovery and water availability for the hatchery. This is a much bigger
15 effort than the Lummi Nation wanting to move the road. This is part of a much larger,
16 comprehensive effort, related to the efforts of a number of jurisdictions in the basin.
17 Perkins stated there have been many meetings with the Whatcom Land Trust, Longview
18 Timber, and the Lummi Nation. They all agree on this project.
19
20 Caskey- Schreiber stated the one piece that is missing is neighborhood outreach.
21 She asked to delay this until someone holds a neighborhood meeting to vet the project.
22 There is a disconnect from the people who are around the area and will be affected by the
23 realignment. They aren't involved. Perkins stated that could work. The road covers
24 several miles. There is a lot of acreage there owned by the Whatcom Land Trust, Lummi
25 Nation, and the timber company.
26
27 Jim Hansen, Lummi Nation, stated they are advertising for a contract to move the
28 road. They have contractors on the location tomorrow. The bid opening will be a week
29 from tomorrow. The start date for the work is July 15. There will be some savings if they
30 do the work now instead of next year. Over $500,000 is tied up in just the road part of this
31 project. State and federal money will eventually expire. It's a mistake to not have spoken
32 to the neighbors. They saw no impact whatsoever to downstream neighbors, since they are
33 past this property. He didn't foresee this situation. There is an interlocal agreement to do
34 this. Moving forward has to do with the interlocal agreement. He understands they have to
35 respect the wishes of the public during the public hearing. Delaying this decision delays the
36 project until next Year.
37
38 Caskey- Schreiber asked if they could do the community outreach within a month.
39 Hansen stated they can't. He never understood that there would be any impact to these
40 neighbors. He was under the impression that Mr. Carrasco's family, being environmentally -
41 oriented, would support the project.
42
43 Brenner stated speaking to the neighbors seems like a small thing to ask. They
44 should always do that in the future. They discussed vacating some part of the area. They
45 can call it a realignment, but that doesn't mean it's not also a vacation. She read RCW
46 36.87.130, which talks about vacating roads that abut bodies of water. Improving salmon
47 enhancement is a public purpose. Perkins stated staff looked carefully at that statute. Staff
48 and legal counsel talked about it at length. It was decided that the road right -of -way does
49 not actually abut the river. There is some distance between the road right -of -way and the
50 river. The vacation comes in after the realignment is done if the County Engineer approves
51 it. If the County Engineer doesn't approve the realignment, the road isn't vacated.
52
Whatcom County Council, 6/9/2009, Page 7
Crawford ask if the petitioner has met all the petition requirements according to the
RCW. Perkins stated they have. The statute says that a petitioner must gather signatures
from five neighboring property owners within a certain distance unless it's not practical to
get those signatures.
Crawford asked about the safety concerns of the new road design and the width of
the right -of -way. He asked if the new road would be safer or more hazardous.
Mike Donahue, Public Works Department, stated the road would be safer.. The new
road would be built according to current standards and therefore would be safer.
Crawford moved to approve the resolution.
Brenner moved to table for one month to allow time for neighbors to be informed.
It's not a lot to ask. Everyone was remiss in informing the neighbors, which is very
important.
Caskey- Schreiber asked the benefits of moving the road and what will happen to the
existing road in the long term. Hansen stated the benefits include water quality
improvements, habitat improvement, and increased riverside vegetation and woody debris.
The Lummi Nation plans to build three engineered log jams to provide holding pools for the
adult Chinook migrating adjacent to the cool waters coming from Hutchinson Creek and the
hatchery outflow. They have applied for State and federal permits for this project. They
will replace a culvert with a larger culvert. It's critical to start the project on time this year.
They can't award the contract without the certainty of this resolution. They can't start this
work this year without this certainty. The process of talking to the neighbors sounds open -
ended.
Caskey- Schreiber stated the spring Chinook is one of the most threatened salmon
runs. She wants to enhance salmon habitat and restore that salmon run. Delay is not the
answer. She really empathizes with the neighbors, who should have been able to
participate in this process.
Kelly stated the region supports these efforts. This project isn't just from the Tribe.
Everyone involved in salmon recovery is involved in this project. They've been talking
about this and a number of other projects for years. There is a fish window. There is only a
certain amount of time to do projects in certain areas. The project has been discussed for
some time. They must move now, or they will miss the fish window and permitting will be
affected. They have been discussing this for a long time. They have not heard the
concerns from these folks, who just moved to the property in the last year. The folks who
live here have discussed this for some time. There aren't any flood issues. He heard
concerns about beer bottles, traffic, and not wanting this in their backyard. That's odd
coming from folks who claim to come from a salmon background.
Caskey- Schreiber stated there could be more opportunity for public information if it
was run through the Marine Resources Committee in the future. There is a great group of
scientific people who could provide support and education.
John Hutchings, Public Works Department, stated he suggests moving this forward
and having the County reach out to the neighbors to address the neighborhood issues. He's
confident they can solve most or all of the concerns. He is in favor of the motion to approve
the resolution. The County staff will commit to reaching out to the neighbors.
Whatcom County Council, 6/9/2009, Page 8
Brenner asked about the requirement to get neighborhood signatures if feasible.
She asked if that means the petitioner didn't tell them.
Karen Frakes, Prosecutor's Office, stated it requires more than that. This is
something that Dan Gibson reviewed, and is his area of expertise. She's not familiar with
the particular Code section that applies.
Crawford stated he has done a road vacation petition in the past. It's not a
notification to the neighbors. It's a petition by property owners near a particular property
owner who wants the County to sell him a piece of County property. The property owner
asks people to sign the petition. One neighbor goes to other neighbors within a certain
distance and asks those neighbors to sign the petition. When Mr. Perkins receives enough
signatures on a petition, he is required to respond. The Public Works Department can either
recommend approval or not to the County Council.
Brenner stated someone from staff said there is an obligation. She asked if that
obligation was done. Perkins stated the petitions were signed as they were supposed to be.
Councilmember Crawford is correct. A petitioner is supposed to get five neighbors to sign
the petition saying they are okay with the proposal. The law has a provision if that is not
practical. In this case, there are two large landowners on each side of this property. They
signed the petition. The Lummi Nation did a good job of getting signatures.
Motion to table failed 1 -6 with Brenner in favor.
Brenner stated she would support the project. It's a worthy project. The neighbors
may agree when they get more information. She's sorry this happened. She hopes that
next time, they notify people within a certain distance, similar to a conditional use permit
process.
Motion to approve the resolution carried 7 -0.
OTHER ITEMS
12. RESOLUTION REQUESTING THAT THE WHATCOM COUNTY EXECUTIVE
IMPLEMENT THE RECOMMENDATIONS OF THE EXECUTIVE TASKFORCE ON
THE ROEDER HOME REPORT, BEGINNING WITH THE ROEDER HOME SHORT
TERM RENT RECOMMENDATIONS (AB2009 -288)
Fleetwood described the history of the County's ownership of the Roeder Home and
the purpose of the Executive Taskforce on the Roeder Home.
Mike McFarland, Parks and Recreation Department Director, stated the Roeder Home
technically is not closed. They continue to rent the home. Since the beginning of the year,
there has been three weddings, two concerts, four receptions, and historic tours. Many
meetings, retreats, and socials are scheduled right now. The public is using the home.
The Arts Program has been terminated due to the budget situation. They don't have
staff or budget for instructors and programs. They've asked volunteers to step forward.
Only one has volunteered so far. He is willing to work with volunteers to work out a docent
program similar to that of the Hovander Home. They asked instructors and artists if they
were interested in volunteering, but only one instructor said she was interested in
volunteering. There has been a lot of talk about receiving donations and gifts, but he hasn't
Whatcom County Council, 6/9/2009, Page 9
received any through the Park Department. The Whatcom Parks and Recreation Foundation
has an account set up for the Roeder Home to accept those tax - deductible donations. The
Parks Department is reduced by 5.5 full -time positions. They are covering everything they
can. In order to make things work at the Roeder Home, his staff go to the home late in the
evening or on the weekends, on their own time. He would embrace and welcome volunteer
help. They will continue to maintain and operate the house using Parks and Senior Services
staff.
They have embraced the idea of the Task Force. The difficulty is with short-term
items, because they weren't consistent with the way the home is used or with current
County policies. Some of those things they can't waive.
He's met with Allied Arts several times, and will continue to meet with them. There
is a model out there. It takes time to negotiate that.
Fleetwood stated the goal is to increase the likelihood that they can open the home
more sooner rather than later. He asked if Mr. McFarland agrees with the general effort to
use volunteers, use the home better on weekdays, and review the rate structure for some
groups. McFarland stated they can work through the details. Several weeks ago, he
submitted the entire packet to the Whatcom Volunteer Center, which covers insurance for
the volunteer and the County. It's just a matter of getting people to sign up through that
program. The next step is to find out what the volunteers are willing to commit to.
Nelson stated he envisions a process similar to what happened with the Alliance Club
taking over the Blaine Air Force Base. McFarland stated that could be an option, if there is
an organization that wants to do that.
Nelson stated he would be comfortable with that option, so someone would be
accountable. He asked about recommendation six.
(Clerk's Note: End of tape one, side B.)
Nelson asked if Councilmember Fleetwood wants the home open during the day, with
no programs planned or rents coming in. McFarland stated the task force recommendation
is to establish time during the week where there could be home tours. Some small
nonprofit community groups could have meetings at the home. The Parks Department
would not have to have staff there during those hours to open, maintain and clean, and
close the home.
Brenner moved to amend recommendation six, "The recommendations regarding
rents and open hours sheald shall continue until a new or existing nonprofit organization is
Fnanaging designated to manage programs or previding provides support for programs at
the Roeder Home...." They got emails from people who wanted to volunteer, so they have
that information.
Caskey- Schreiber asked why it has to be one or the other. It could be both. One
group could work with the arts and music, and the County could still manage the rental
program for other events. This language sounds like it can only be one way.
Fleetwood stated the resolution is written in a way that asks that the task force
recommendations in the report be implemented.
Whatcom County Council, 6/9/2009, Page 10
1 Brenner withdrew her motion. If there are two groups that want to use the facility
2 at the same time, and one of them is paying the regular rate and the other is not, give
3 preference to the one paying the regular rate. That is Ms. Breskin's idea. She suggested
4 amending recommendation two, "...and weekend rentals. In the event that two groups
5 request the home for the same time, preference will be given to the group that pays the
6 regular rate."
7
8 Fleetwood moved to approve the resolution with Councilmember Brenner's
9 suggested amendment to recommendation two.
10
11 Brenner moved to amend recommendation four, "....related to the Roeder Home.
12 Volunteer rates are not to be mistaken for regular rates, which remain as they were."
13
14 Caskey- Schreiber stated that's confusing.
15
16 McFarland stated the County unified fee schedule will include the rates. They tried to
17 include specific activities. One question is defining the $50 per activity. If that is for a
18 wedding, for example, the County typically takes in $180 to $300 for that event, which is
19 still one of the best deals in town. There are some things that would need to be clarified.
20
21 Brenner withdrew her motion.
22
23 Fleetwood stated task force members acknowledged that there are some particular
24 details and recommendations that need to be clarified. He hopes that will happen when
25 they all meet again to work on implementation.
26
27 Crawford asked if the definition change in recommendation one will affect other
28 Parks Department programs. McFarland stated it is a change if it allows commercial events.
29 Now, the commercial category is based upon the type of event that is scheduled. In the last
30 six years, there has been only one commercial event at the Roeder Home. The question
31 from staff is whether a concert that charges an entrance fee would be a commercial event.
32 Staff would consider it a commercial event.
33
34 Crawford asked if Mr. McFarland is comfortable with this definition change.
35 McFarland stated he's not sure it fits their definition.
36
37 Crawford asked if the administration supports this. McFarland stated he doesn't
38 recommend a change in the commercial and noncommercial rates.
39
40 Crawford asked if the administration supports the resolution. McFarland stated there
41 isn't a problem with the resolution. The attachment includes interim conditions, which the
42 staff already reviewed and determined that they did not work. He prefers that the staff
43 redo or tweak some of the things in Attachment A. This is a combination of both
44 recommendations of the task force and something that was put together a couple of weeks
45 after the task force just started to meet. It says that in the resolution. The task force has a
46 list of other recommendations.
47
48 Fleetwood stated this resolution could have been written to say that it supports
49 implementation of the entire report. It wasn't, because they knew they weren't ready to
50 look at the long -term implementation plans. The purpose of this resolution is to get more
51 use out of the Roeder Home sooner.
52
Whatcom County Council, 6/9/2009, Page 11
Weimer stated he supports the resolution and getting more volunteers in the home.
He's struggling with the word `implement' in the final resolved statement. It sounds like
they want the Executive to bring back Attachment A as it is, versus asking the Executive to
bring back ideas of how the administration thinks it could do this. Attachment A has some
problems that the administration could probably fix.
Crawford stated the resolution should request that the administration work toward
this goal, if they can agree to the $50 reduced rate, bring it forward in a proposal to the
Finance Committee, and put it through the normal process. He understands they want to
implement this quickly, but there are a lot of things being tied together here. There is a
simple way that the administration can put this forward. He has many questions about the
rate and the idea of gift of public funds to certain groups over other groups. This resolution
isn't as well thought out as it could be. The administration is capable of bringing forward a
meaningful and considered proposal.
Fleetwood stated he has no objection to this going into a committee or work
session. He moved to amend the resolved statement, "...respectfully requests the County
Executive to implement consider the task force recommendations...." That will give staff
time to work with the task force on particular details of the recommendations. He will bring
forward another resolution later.
Brenner suggested a friendly amendment to the resolved statement,
°... respectfully requests the County Executive to implement draft a proposal for Roeder
Home short-term recommendations using the task force recommendations...." Put it in
committee.
Caskey- Schreiber stated the suggestion sounds like direction to the Executive to
adopt recommendations without going through the Council or fee schedule. Just give the
administration guidance to look at the recommendations again, meet with the task force,
and work something out.
Fleetwood did not accept the friendly amendment. He agreed with
Councilmember Caskey- Schreiber.
Crawford stated just ask the administration to propose an amendment to the fee
schedule to incorporate the volunteers. It will go through the normal processes.
Kelly stated this is a resolution. When told to implement something, there is some
level of latitude for the Executive, as a separately - elected official.
Pete Kremen, County Executive, stated he commends Councilmember Fleetwood for
bringing the resolution forward and Ms. Breskin for her tenacity and passion. He stated the
Council doesn't have to have a resolution, although it could have. The administration can
work with the Council to put something forward. If the Council wants to approve the
resolution, he suggested language for the resolved statement, ° ... respectfully requests
the County Executive to implement the task force recommendations known as the `Roeder
Home Short Term Rent Recommendations' and
d,,..eFibed on ^`t'e""""'nt A. work on integrating recommendations contained in Attachment
A, Proposal for Interim Programming for. the Roeder Home.'."
Fleetwood amended his motion to approve the resolution and include Executive
Kremen's suggested language.
Whatcom County Council, 6/9/2009, Page 12
Motion to approve as amended carried 7 -0.
PUBLIC HEARINGS
2. RESOLUTION REGARDING A PETITION FOR THE VACATION OF A PORTION
OF GRANDVIEW ROAD, FILED BY RON BENNETT, ET AL. (AB2009 -093A)
Fleetwood opened the public hearing and, hearing no one, closed the public hearing.
Jim Perkins, Public Works Department, gave a staff report.
Caskey- Schreiber moved to approve the resolution.
Motion carried 7 -0.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through seven.
Brenner withdrew item three.
Motion to approve Consent Agenda items one, two, and four through seven
carried 7 -0.
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
AMENDMENT TO THE GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND
THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG
CONTROL POLICY FOR NORTHWEST HIDTA BORDER TASK FORCE
INITIATIVES IN THE AMENDED AMOUNT OF $99,792, FOR A TOTAL AMOUNT
OF $175,076 (AB2009 -275)
2. RESOLUTION TO APPOINT THE DIRECTOR AND ALTERNATIVE DIRECTOR TO
THE WASHINGTON COUNTIES RISK POOL BOARD (AB2009 -276)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY AND
WILSON ENGINEERING FOR DESIGN AND CONSTRUCTION DOCUMENT
PRODUCTION FOR THE OLSEN NATURE RESERVE, IN THE AMOUNT OF
$38,000 (AB2009 -277)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner stated it's not a good time for this kind of expenditure because of the
economy.
Nelson stated this park area is being used currently. Developing this project would
open the area further for public use, which would incur more expenses in the future. The
County will have to complete the project, because the consultant has done the engineering.
If they don't complete the construction right away, they'll eventually have to hire another
Whatcom County Council, 6/9/2009, Page 13
design consultant. Until the economy improves, shelve this project. They can use this real
estate excise tax (REET) II money elsewhere for planned infrastructure, not on a consultant.
Mike McFarland, Parks and Recreation Department Director, described the project,
which was to be done partly for stimulating the economy. The project isn't urgent. The
community asked for this project. The REET II funds are available and in the budget. They
have already done interviews and put out bids for requests and proposals, which is a lot of
work by the Parks staff.
Based upon the projections, this is a good time for a construction project. Prices are
good. They have the funding.
Caskey- Schreiber stated the Council already debated this during the budget process.
A hope for REET II was to enhance the park system, because they finally have funds to
maintain it. This holding is key to the County park system. The park lacks parking. They
already debated this at length during the budget cycle and nothing has changed. Enhancing
a park system is always good for a community. That's why people choose to live here. Use
the slow economy to put people to work and buy resources when they're cheaper. Now is a
great time for park investment.
Crawford stated he made it clear years ago that he would only support the purchase
of this park with the Land Trust if they enhance facilities for public use. It's a logical time to
move forward. He would not have supported the purchase of this property if it remained in
its existing condition.
Brenner stated the economy wasn't as bad when they purchased this property. That
is what has changed. Instead of using REET II for this, use it for essential services.
Nelson stated the Council has made up it's mind on this issue. It's unfortunate they
are going to spend money on this consulting fee. The County has stormwater issues it must
address. The County is going to start taxing people more for that stormwater
infrastructure. He doesn't support wasting it with these federally mandated, looming issues.
Weimer stated asked if the County has budgeted for construction. McFarland stated
the County budgeted $40,000 this year and $100,000 budgeted in 2010.
Motion to approve carried 5 -2 with Brenner and Nelson opposed.
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT FOR SERVICES WITH WILSON ENGINEERING LLC,
IN THE AMOUNT OF $95,551 (FOR A TOTAL CONTRACT AMOUNT AMENDED
TO $127,401 FROM THE PREVIOUSLY AUTHORIZED $31,850), FOR THE
PURPOSES OF COMPLETING SURFACE MINING RECLAMATION PERMIT
APPLICATIONS, PLANS, AND RECORD SURVEYS FOR THE WHATCOM COUNTY
CLARK, CLARK 2 AND SIPER GRAVEL PITS (AB2009 -278)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO USE THE
WASHINGTON STATE CONTRACT TO PURCHASE THE ANNUAL SUPPLY OF
AUTO PARTS FROM LOCAL DEALERS ON AN AS- NEEDED BASIS, IN AN.
AMOUNT THAT COULD EXCEED $35,000 (AB2009 -279)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO USE THE
WASHINGTON STATE CONTRACT TO PURCHASE THE ANNUAL SUPPLY OF
Whatcom County Council, 6/9/2009, Page 14
1 LUBRICANTS FROM LOCAL SUPPLIER CONOCO PHILLIPS 76 ON AN AS
2 NEEDED BASIS, IN AN AMOUNT THAT COULD EXCEED $35,000 (AB2009-
3 280)
4
5 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
6 AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
7 COMMUNITY TRADE AND ECONOMIC DEVELOPMENT FOR THE
8 CONTINUATION OF FUNDING FOR NORTHWEST REGIONAL DRUG TASK
9 FORCE EXPENSES AND WAGES IN THE AMOUNT OF $363,158 (AB2009 -281)
10
11 OTHER ITEMS
12
13 1. ORDINANCE AUTHORIZING AN INTERFUND LOAN FOR THE PURCHASE OF
14 THE ASSESSOR /TREASURER SYSTEM (AB2009 -261)
15
16 Crawford reported for the Finance and Administrative Services Committee and
17 moved to adopt the substitute version of the ordinance.
18
19 Motion carried 7 -0.
20
21 2. ORDINANCE AUTHORIZING AN INTERFUND LOAN FOR THE PURCHASE OF
22 THE CENTRAL PLAZA BUILDING AT 215 NORTH COMMERCIAL, BELLINGHAM
23 (AB2009 -262)
24
25 Crawford reported for the Finance and Administrative Services Committee and
26 moved to adopt the ordinance.
27
28 Motion carried 7 -0.
29
30 3. ORDINANCE AMENDING . THE 2009 WHATCOM, COUNTY BUDGET, SIXTH
31 REQUEST, IN THE AMOUNT OF $2,367,299 (AB2009 -264)
32
33 Crawford reported for the Finance and Administrative Services Committee and
34 moved to adopt the ordinance.
35
36 Kelly stated these requests are all consistent with the budget plan they spoke of
37 today.
38
39 Dewey Desler, Deputy Administrator, stated they are. He described the project
40 budget process. The team recommended a different distribution of money between years.
41 They will save about $170,000 in total. More money will be spent in 2009, and less money
42 will be spent in 2010. The next agenda item is part of this.
43
44 Motion carried 7 -0.
45
46 4. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, FIRST
47 REQUEST AB2009 -263)
48
49 Crawford reported for the Finance and Administrative Services Committee and
50 moved to adopt the ordinance.
51
52 Brenner stated they've never amended a budget for a year they aren't in.
53
Whatcom County Council, 6/9/2009, Page 15
1 Motion carried 7 -0.
2
3 S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
4 CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND ESA ADOLFSON
5 FOR THE BIRCH BAY CHARACTERIZATION AND PLANNING PILOT STUDY, IN
6 THE AMOUNT OF $211,606 (AB2009 -270)
7
8 Crawford reported for the Finance and Administrative Services Committee and
9 moved to approve the request.
10
11 Motion carried 7 -0.
12
13 6. RESOLUTION AMENDING RESOLUTION NO. 2008 -077, THE SALARY
14 SCHEDULE AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY
15 EMPLOYEES, EFFECTIVE JANUARY 1, 2009 (AB2009 -271)
16
17 Crawford reported for the Finance and Administrative Services Committee and
18 moved to approve the resolution.
19
20 Motion carried 7 -0.
21
22 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A COST -
23 SHARING AGREEMENT BETWEEN THE WHATCOM COUNTY FLOOD CONTROL
24 ZONE DISTRICT AND THE US ARMY CORPS OF ENGINEERS FOR LEVEE
25 REHABILITATION WORK AT THE HOVANDER PARK LEVEE, IN THE AMOUNT
26 OF $429,000 (AB2009 -272)
27
28 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
29 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
30 of the meeting.)
31
32 Crawford reported for the Finance and Administrative Services Committee and
33 moved to approve the request.
34
35 Motion carried 7 -0.
36
37 8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A COST -
38 SHARING AGREEMENT BETWEEN THE WHATCOM COUNTY FLOOD CONTROL
39 ZONE DISTRICT AND THE US ARMY CORPS OF ENGINEERS FOR REPAIR
40 WORK TO THE RIVER ROAD LEVEE DAMAGED DURING THE 2009 FLOOD
41 EVENT, IN THE AMOUNT OF $370,000 (AB2009 -273)
42
43 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
44 Board of Supervisors. Board Chair Weimer assumed the duties of the Chair for this portion
45 of the meeting.)
46'
47 Crawford reported for the Finance and Administrative Services Committee and
48 moved to approve the request.
49
50 Motion carried 7 -0.
51
52 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
53 CONTRACT BETWEEN THE WASHINGTON STATE MILITARY DEPARTMENT
Whatcom County Council, 6/9/2009, Page 16
AND THE WHATCOM COUNTY SHERIFF'S OFFICE - DIVISION OF EMERGENCY
MANAGEMENT (WCSO DEM) TO SUPPLEMENT THE WCSO DEM BUDGET TO
ENHANCE THEIR EMERGENCY MANAGEMENT PROGRAM, IN THE AMOUNT OF
$63,128 (AB2009 -274)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Motion carried 7 -0.
10. APPOINTMENT TO FILL VACANCY ON THE WHATCOM COUNTY COMMUNITY
NETWORK, APPLICANT: J. LYNNE WALKER (AB2009 -267)
Nelson moved to appoint J. Lynne Walker.
Motion carried 7 -0.
11. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
30N KOMOROWSKI TO THE CHEMICAL DEPENDENCY /MENTAL HEALTH
PROGRAM FUND OVERSIGHT ADVISORY COMMITTEE (AB2009 -283)
Brenner moved to confirm the appointment.
Motion carried 7 -0.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items.
Weimer withdrew Introduction Item one.
Motion to accept Introduction Items two through five carried 7 -0.
1. ORDINANCE LIMITING TOTAL ANNUAL REAL ESTATE PROPERTY TAX
INCREASES, INCLUDING THE USE OF BANKED CAPACITY, TO 1% PER YEAR
UNLESS APPROVED BY A MA30RITY VOTE OF THE PEOPLE (AB2009 -160A)
Weimer asked if this should be introduced and whether this is legal.
Karen Frakes, Prosecutor's Office, stated it can be introduced. She's not sure if
going forward is mandatory, but it is within the Council's authority.
Weimer stated they have gotten a legal opinion that this item isn't legal as written.
Nelson moved to accept the Introduction Item.
Motion carried 7 -0.
2. ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMIT ON HAXTON
WAY FROM SLATER ROAD TO KWINA ROAD (AB2009 -284)
Whatcom County Council, 6/9/2009, Page 17
3. ORDINANCE TO AMEND TITLE 16 (WCC 16.16) WHATCOM COUNTY CRITICAL
AREAS ORDINANCE REGULATING NEW WELLS ON NORTHERN LUMMI
ISLAND (AB2009 -285)
4. ORDINANCE TO AMEND TITLE 20 (WCC 20.34 RURAL RESIDENTIAL ISLAND)
REDUCING THE DENSITY AND MAKING OTHER CHANGES TO THE RRI ZONE
FOR LUMMI ISLAND (AB2009 -286)
5. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, SEVENTH
REQUEST, IN THE AMOUNT OF $1,530,696 (AB2009 -287)
SPECIAL NOTICE - UPCOMING PUBLIC HEARING
6. On June 23, 2009, the Whatcom County Council will hold a public hearing to receive
public and agency input on the initial Urban Growth Area proposals received by
Whatcom County. The Urban Growth Area review is being completed pursuant to
RCW 36.70A.130(3) and includes the Urban Growth Areas for all cities within
Whatcom County, as well as the unincorporated Urban Growth Areas for Birch Bay,
Columbia Valley, and Cherry Point. Proposals can be obtained at Whatcom County
Planning and Development Services Department, or on the web site at
www.co.whatcom.wa.us /pds /2031
(Clerk's Note: End of tape two, side A.)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Brenner stated the Women in Timber are having a timber tour the day before the
Deming Logging Show. Councilmembers should attend. Every year is different.
ADJOURN
The meeting adjourned at 9:20 p.m.
Jill Nixon, Minutes Transcription
lid p�� �d these minutes on July 7 , 2009.
ATTe. .•�y�N�TC0?�0 •���� WHATCOM COUNTY COUNCIL
.O VN • _ WHATCOM COUNTY, WASHINGTON
DaABrO• ncil clerk S Fleet od Council Chair
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Whatcom County Council, 6/9/2009, Page 18