HomeMy WebLinkAboutCouncil April 22 2008WHATCOM COUNTY COUNCIL
Regular County Council
April 22, 2008
Council Chair Carl Weimer 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
Seth Fleetwood
Laurie Caskey- Schreiber
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Weimer announced there was a discussion and negotiations update on expired
collective bargaining agreements (AB2008 -121) and request approval of the 2008
Unrepresented Resolution (AB2008 -121B) in executive session during the Committee
of the Whole meeting.
MINUTES CONSENT
1. REGULAR COUNTY COUNCIL FOR MARCH 11, 2008
Brenner moved to approve the minutes.
Motion carried unanimously.
OPEN SESSION
The following people spoke:
Howard Hill- Cummings, Rainbow Center Resident, stated he supports the proposed
sales tax increase to support the homeless, mentally ill, and substance abusers. He is a
mentally ill homeless person with substance abuse issues. He spends his days in
Bellingham at the Rainbow Center and walking around town. He spends his nights and
weekends in the county. The City has opened a one -stop homeless center. The Council
should approve the sales tax increase and work with the already - available funds from local,
State, and federal sources. The County relies too much on services in Bellingham. It is a
hardship for many to make it to Bellingham to deal with their issues. They need a north
county center. The Lighthouse Mission and YMCA are Christian services. The YMCA is no
longer a refuge for men, but focuses on youth and families. He and people like him need a
more secular option. The Council should decide the issue and not put it to a vote. Time is
of the essence. The public isn't generally aware of the needs of the homeless, mentally ill,
Whatcom County Council, 4/22/2008, Page 1
1 and substance abusers. It would take too long to educate them. Elections cost money and
2 time. Many of the affected community are disenfranchised by their felony convictions. With
3 together with the City.
4
5 Dan McShane, 1451 Grant Street, Bellingham, stated he recently spent time at Ft.
6 Lawton, an Army reserve center. The City of Seattle is considering redevelopment there for
7 the homeless and mentally ill, which is a major problem here in Bellingham, also.
8
9 He thanked the Council for its vote to continue the subdivision moratorium in the
10 Lake Whatcom watershed. The public knows little about the Council's decision. He also
11 thanked the Council for the Comprehensive Economic Development Strategy (CEDS)
12 program. He's pleased to see that the City of Bellingham has added watershed projects to
13 the program.
14
15 The current interlocal agreement between city of Bellingham and Whatcom County
16 includes a section on watershed planning. Work hard on that section of the interlocal
17 agreement. It's critical. The transfer of development densities is also very important. He
18 read language from the current agreement. Refine that language. The population
19 projection for rural areas is for a very low amount of growth. It will take an effort by
20 everyone to make that happen.
21
22 Johnnie Grames, 1506 E. Maplewood Avenue, Bellingham, stated Earth Day means
23 "of the people." Both courthouse entrances don't have security but people have to go
24 through security to go upstairs. The issue of institutionalizing people should be brought
25 before the public. A result of the next election will be community -based policing, which is
26 decentralized and preventative. The Law and Justice Council never talks about prevention,
27 which is the cure. They get the kind of government they deserve.
28
29
30 CONSENT AGENDA
31
32 Nelson reported for the Finance and Administrative Services Committee and moved
33 to approve Consent Agenda items one through eight and ten. Item nine was not discussed,
34 and was referred to the Committee of the Whole.
35
36 Crawford withdrew item ten.
37
38 Weimer withdrew item six.
39
40 Motion to approve Consent Agenda items one through five, seven, and eight
41 carried unanimously.
42
43 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08 -17
44 TO LOW BIDDER MYERS GENERAL COMMERCIAL CORP. FOR ALTERATIONS
45 TO THE COURTHOUSE BASEMENT IN THE AMOUNT OF $248,778 (AB2008-
46 173)
47
48 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
49 LETTER OF AGREEMENT AND SUPPORT WITH WASHINGTON STATE
50 UNIVERSITY FOR FOOD STAMP NUTRITION EDUCATION TO ELIGIBLE
51 ADULTS AND CHILDREN IN WHATCOM COUNTY FOR THE 2009 PROGRAM
52 YEAR IN THE AMOUNT OF $33,002 (AB2008 -174)
53
Whatcom County Council, 4/22/2008, Page 2
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08 -33
TO LOW BIDDER WHATCOM BUILDERS, INC. FOR ANNUAL ASPHALT
PRELEVEL PROJECTS AT VARIOUS COUNTY LOCATIONS IN THE AMOUNT OF
$508,019.59 (AB2008 -175)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO RE -AWARD BID #08-
27 TO SOLE BIDDER RAIRDON'S OF BELLINGHAM FOR THE PURCHASE OF A
HIGH -ROOF UTILITY VAN FOR FACILITIES MANAGEMENT IN THE AMOUNT
OF $55,892.08 (BID WAS APPROVED IN OCTOBER 2007 BUT THE VENDOR
DID NOT PLACE THE ORDER ON TIME) (AB2008 -176)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF ELECTION ENVELOPES FROM SOLE SOURCE (OF THIS
PARTICULAR ENVELOPE SET) K &H INTEGRATED PRINT SOLUTIONS IN THE
AMOUNT OF $107,155.62 (AB2008 -177)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND HERRERA ENVIRONMENTAL
CONSULTANTS FOR PORTAGE BAY SHELLFISH PROTECTION DISTRICT FECAL
COLIFORM BACTERIA MONITORING IN THE AMOUNT OF $57,925 (AB2008-
178)
Nelson moved to approve the request.
Weimer stated he has a concern about hiring a firm out of Seattle to do basic water
quality testing. It appears the County is also paying the consultant $60 per hour for ten
hours per month to drive up here from Seattle. He asked about the competitive process
and whether any local people applied.
Kirk Christensen, Public Works Department, stated Herrera Environmental
Consultants was the most qualified to do this monitoring. He will find out why they didn't
hire a local consultant. He doesn't know if any applied.
Kelly stated the scope indicated that the monitoring was going to be more intense
than others. Herrera is very expensive, and they have a very good reputation, but this
work is generally below their level. He assumed that they were chosen because the testing
would be more intense than usual.
Brenner moved to hold in committee until staff can answer questions. The scope of
work didn't look very complicated. It can be done locally. A question is whether the staff
contacted local contractors about this competitive process. Christensen stated they always
try to involve local contractors. Herrera was chosen from the professional service roster.
The staff notify all the local folks that the roster is open.
Brenner stated the County should make sure to specifically notify local contractors
about anything that would be of interest. She would like to know if that happened in this
instance.
know.
Weimer asked if the scope of work is time sensitive. Christensen stated he doesn't
Motion to hold in committee carried unanimously,
Whatcom County Council, 4/22/2008, Page 3
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE STATE OF WASHINGTON
SALMON RECOVERY FUNDING BOARD FOR GRANT FUNDING FOR LOWER
CANYON CREEK PHASE I IMPLEMENTATION IN THE AMOUNT OF $415,000
(AB2008 -179)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND HDR ARCHITECTURE INC. TO
PROVIDE A DUE DILIGENCE REPORT EVALUATING THE ADDITION OF 50
DORMITORY BEDS TO THE JAIL WORK CENTER IN THE AMOUNT OF $31,000
(AB2008 -180)
9. REQUEST APPROVAL OF THE 2008 UNREPRESENTED RESOLUTION (AB2008-
121B)
10. REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT WITH BRICKLIN
NEWMAN DOLD, LLP, FOR EVALUATION OF PETITIONS FOR REVIEW FILED
WITH THE WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS
BOARD, IN THE AMOUNT OF $10,000 (AB2008 -182)
Nelson moved to approve the request.
Crawford stated he is opposed to this contact because of cost and the appearance of
fairness issue. There are many qualified, available attorneys. They have not looked at their
costs. The attorney sits on the Board of Futurewise, which is currently engaged in legal
action against Whatcom County. They can find many other competent attorneys to do this
work. He has been very impressed with Mr. Bricklin's work in the past, but this is not the
right attorney for this review.
Fleetwood stated he is in favor of the motion. This request is only for a $10,000
review. The County is not bound to hire Mr. Bricklin for the additional work that may come
thereafter. That would be a different contract, and the Council will review that contract
separately when it comes forward.
Caskey- Schreiber stated she spoke to Mr. Bricklin this afternoon. He assured her
that there was no conflict. Senior Civil Deputy Prosecutor Karen Frakes said the same
thing. Mr. Bricklin removed himself from any action on the Board because he knew he
would have an opportunity to weigh in on the County's behalf.
The County Council has used Mr. Bricklin before. He is ready to do this work, which
the Council needs. Mr. Bricklin has great experience before the Growth Management
Hearings Board. He is well respected and knows the issue. The Council is saving money by
choosing someone who is familiar with the current issues. She is in favor of the motion.
Nelson stated he will support the request for the review. Councilmember Crawford
raises a good concern. They would have to take quite a while to bring other attorneys up to
speed on the issues, even though they may be very capable. He will support this initial
review. Other contracts would come before the Council.
Crawford stated Mr. Bricklin has no more experience than anyone else in terms of
the County's issues with its urban growth area. He asked what advantage Mr. Bricklin has
over anyone else in terms getting up to speed.
Whatcom County Council, 4/22/2008, Page 4
1 Nelson stated Mr. Bricklin has done other projects for the County.
2
3 Crawford stated he litigated for the County on mushroom composting. This has
4 nothing to do with that.
5
6 Caskey- Schreiber stated she asked Mr. Bricklin about his experience. He has helped
7 other jurisdictions with the same kind of thing. If the Council's legal counsel feels that Mr.
8 Bricklin is the best person for this project, she respects that opinion. The Council could
9 think about having its own land use attorney so they don't have to deal with these conflicts.
10
11 Motion carried 6 -I with Crawford opposed.
12
13
14 OTHER ITEMS
15
16 1. RESOLUTION UPDATING THE 2006 AMENDED APPENDIX OF THE 2002
17 WHATCOM COUNTY COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
18 (CEDS) (AB2008 -099)
19
20 Nelson reported Finance and Administrative Services Committee and moved to
21 approve the resolution.
22
23 Motion carried unanimously.
24
25 2. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE /OPEN
26 SPACE AND OPEN SPACE TIMBER APPLICATIONS (AB2008 -168)
27
28 Fleetwood reported for the Planning and Development Committee and moved to
29 approve the resolution.
30
31 Motion carried unanimously.
32
33 3. APPOINTMENTS TO THE LYNDEN /EVERSON FLOOD CONTROL SUB -ZONE
34 ADVISORY COMMITTEE — APPLICANTS: JEFF DEJONG, AND HANS
35 WOLFISBERG (AB2008 -170) (COUNCIL ACTING AS THE WHATCOM COUNTY
36 FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS)
37
38 Caskey- Schreiber nominated Jeff Dejong and Hans Wolfisberg. She moved to
39 appoint both applicants by acclamation.
40
41 Motion carried unanimously.
42
43 4. REQUEST RESOLUTION AUTHORIZING THE EXECUTIVE TO ENTER INTO AN
44 INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM
45 TRANSPORTATION AUTHORITY FOR REDUCED -FARE BUS PASSES FOR
46 COUNTY EMPLOYEES (AB2008 -185)
47
48 Fleetwood moved to approve the resolution.
49
50 Crawford asked the regular rate.
51
52 Weimer stated he pays $.75 per ride.
53
Whatcom County Council, 4/22/2008, Page 5
Dewey Desler, Deputy Administrator, stated the regular rate is $20 per month. The
administration is enthusiastic about this program. They propose a two -month trial period
when employees are provided a pass if they agree to certain rider conditions. The County
will provide the bus passes, based on employee participation. The Executive will provide
discretionary funds for the cost of the passes for the first quarter, to see how it works. So
far, over 100 people have asked to be a part of this program.
Crawford asked if the Whatcom Transportation Authority (WTA) Board has
considered making the fare free for everyone, all the time.
Fleetwood stated the Board hasn't considered that. The Board will look at this
program and see how effective it is. Then it will consider the appropriate rate reduction in
the future. They could evaluate and analyze the fiscal impact.
Crawford stated that if this community wants transit to be a part of its long -term
transportation solutions, the detriment to regular and frequent use is the fare. It would be
interesting to see how ridership changes if the fare was free.
Weimer stated they should consider a free fare for ferry walk -on passengers, also.
Motion carried unanimously.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items.
Weimer stated the Council is forwarding the Governor Road plat extension to the
Planning and Development Services Department for review. He hopes to get a report from
the staff before the Council's decision on May 6.
Caskey- Schreiber stated she would like Planning Department staff to provide a
recommendation on the extension of sewer service to the North Shore Estates subdivision in
the watershed.
Weimer stated he will put that item in the next Natural Resources Committee
meeting.
1.
2.
Motion carried unanimously.
RESOLUTION APPROVING THE LAKE WHATCOM COMPREHENSIVE
STORMWATER PLAN (2008 -181)
RECEIPT OF REQUEST FOR EXTENSION OF PRELIMINARY PLAT APPROVAL
OF GOVERNOR ROAD — PHASE II, SUBMITTED BY DARCY JONES, PLS, AICP,
JONES ENGINEERING (AB2008 -184)
OTHER BUSINESS
There was no other business.
Whatcom County Council, 4/22/2008, Page 6
1 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
2
3 Nelson stated a meeting in Kendall for the Comprehensive Health Plan is tomorrow
4 night. They expect a big turnout. He asked Councilmember Caskey- Schreiber to attend.
5 The meeting is at 6:30 p.m.
6
7 Caskey- Schreiber stated she visited with Representatives Kelli Linville and Doug
8 Erickson. They talked about the East County Regional Center. Their advice to the County
9 was to spend the first $1 million, or the County risks losing it. After that, they would be
10 open to providing more funding.
11
12
13 ADJOURN
14
15 The meeting adjourned at 7:45 p.m.
16 �-
17 -
18
19 Jill Nixon, Minutes Trans ription
20
21 To ,roved these minutes on May 6 , 2008.
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29 Dalka Brdw 4W •. Coune Clerk Carl eimer, Council Chair
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Whatcom County Council, 4/22/2008, Page 7