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HomeMy WebLinkAboutCouncil January 15 2008WHATCOM COUNTY COUNCIL Regular County Council January 15, 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 1. CONSIDERATION OF APPEAL OF ADMINISTRATIVE DECISION ON APL07- 0011, FILED ON BEHALF OF VICTORIA LUHRS, REGARDING APPLICATION FOR A STATEMENT OF SHORELINE EXEMPTION (AB2007 -325) Crawford moved to uphold the Hearing Examiner decision. Motion carried 6 -0 -1 with Kelly abstaining. 2. CONSIDERATION OF HEARING EXAMINER'S DECISION ON REMAND REGARDING APPEAL FILED BY ROBERT MERHAUT, ON A ZONING CONDITIONAL USE PERMIT APPLICATION FOR FABER BROTHERS CONSTRUCTION, SENSOR LINK (AB2007 -066) Crawford moved to uphold the Hearing Examiner's decision. Motion carried 6 -0 -1 with Kelly abstaining. Weimer stated the Committee of the Whole voted on the annual reorganization of the Whatcom County Council (AB2008 -021). He announced the results. SPECIAL PRESENTATION 1. EXECUTIVE KREMEN WILL PRESENT A COMMENDATION TO FRANK ABART, PUBLIC WORKS DIRECTOR, AND JOE RUTAN, PUBLIC WORKS DESIGN AND CONSTRUCTION ENGINEER (AB2008 -017) Pete Kremen, County Executive, stated he awarded a commendation to Public Works Director Frank Abart and County Engineer /Assistant Public Works Director Joe Rutan for rescuing County resident Gloria Hanowell after an auto accident. He introduced Ms. Hanowell and read the commendation letters. Whatcom County Council, 1/15/2008, Page 1 MINUTES CONSENT Caskey- Schreiber moved to approve the Minutes Consent items. Motion carried unanimously. 1. COMMITTEE OF THE WHOLE FOR NOVEMBER 7, 2007 2. REGULAR COUNTY COUNCIL FOR NOVEMBER 7, 2007 3. REGULAR COUNTY COUNCIL FOR NOVEMBER 20, 2007 OPEN SESSION The following people spoke: Bob Wiesen, 3314 Douglas Road, stated there is sprawl all over the county, partly caused because they've severely restricted Bellingham. More building is going on in the county than in the city. He asked where the traffic is going. People are going in to Bellingham to their jobs. Dave Pros, 1466 Roy Road, stated some former Planning Commissioners believed the cities should have the decision on how they grow and how the urban growth areas (UGA) are used. He commends Mayor Pike's effort to bring the City and County together. He would like the County help the Mayor. The densities in the cities and UGA's will be very tight. That could be alleviated by changing the population projection for the City of Bellingham. The City of Bellingham is 39 percent of the County in population, but is to accommodate 51 percent of the population. He read from Eco- Northwest's report on population projections for the County Council regarding population forecasts. Population projections are self - fulfilling prophecies. Johnnie Grames, 1506 E. Maplewood Avenue, stated Kucinich will not be allowed to debate with the other candidates. The Federalist Papers guarantee minority political factions, such as the Green Party. Everything depends on a judge's discretion, but it's federal judges' discretion versus their constitutional rights. Initiative referendum and recall are guaranteed locally, but local judges throw out referenda and recalls arbitrarily. The national election is mostly funded by lawyers and has turned into a horse race and doesn't deal with individual issues. Most candidates giving a tax break to the nuclear power industry. There is no difference between a Republican- or Democratic -run Congress. The same bills result. Brenner stated Fox News didn't allow Ron Paul to be in the debate, either. John Lesow, 317 Madrona Place, Point Roberts, stated land use in the Vancouver, British Columbia area encourages people to build up and build residential structures downtown. Therefore, people go to the suburbs to work. People live in the city and work in the suburbs. That will go on in every city. Bellingham is a not as big and a little further behind in its development. Whatcom County Council, 1/15/2008, Page 2 During the last Council meeting, Bill Quehrn was asked at what point they run out of resources to sustain the growth they are experiencing. In their lifetime, they've gone from 200,000 of agricultural land in Whatcom County to 100,000 acres. Many people in the Building Industry Association (BIA) think they don't have a growth problem. They can't continue to grow forever at a 2.3% rate. He submitted a letter to the Council regarding the City's resolution for the urban growth areas. Patrick Alesse, 4825 Alderson Road, Birch Bay, stated City property taxes are less per person than in rural areas. He would like to hear people talk about saving the dollar instead of saving the farm land. It costs more money to service someone in a rural area. In addition, they have to subsidize those people by building things such as a community hall and their phone bills. Also, if a district in a rural area fails, the State of Washington has to take it over. They are subsidizing the sprawl that they are unhappy with. As they subsidize it, it costs all residents more. The people who live out there don't believe the true costs. They think simpler is better, that less government is better and cheaper, and that city government is another layer of government that duplicates services and expenses. If they fiddle the figures, it gets worse. Brenner asked if Mr. Alesse supports incorporation of Birch Bay. Alesse stated he is more concerned about Whatcom County in general. They can't afford to have houses on ten acres. They will pay more for roads, water, and police protection. They will pay more tc put kids in school. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through 16 and 18 through 20. Item 17 is held in committee for two weeks. Item 12 includes a substitute, submitted earlier. Motion to approve Consent Agenda items 1 through 16 and 18 through 20 carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF AN ANNUAL SUPPLY (ON AN AS NEEDED BASIS) OF ROAD TRAFFIC LINE PAINT AND GLASS BEADS UTILIZING WASHINGTON STATE CONTRACT, VENDOR ALPINE PRODUCTS, IN THE AMOUNT OF $700,000 (AB2008 -030) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF AN ANNUAL SUPPLY (ON AN AS NEEDED BASIS) OF HERBICIDES UTILIZING WASHINGTON STATE CONTRACT, VENDOR WILBUR ELLIS, UAP AND TIMBERLAND, IN THE AMOUNT OF $50,000 (AB2008 -031) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF AN ANNUAL SUPPLY OF TIRES (ON AN AS NEEDED BASIS) FROM VENDORS GOODYEAR AND LES SCHWAB IN THE AMOUNT OF $50,000 (AB2008 -032) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF AN ANNUAL SUPPLY OF GUARDRAIL UTILIZING WASHINGTON STATE CONTRACT, VENDOR CORAL SALES, IN THE AMOUNT OF $50,000 (AB2008 -033) Whatcom County Council, 1/15/2008, Page 3 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE PURCHASE OF AN ANNUAL SUPPLY (ON AN AS NEEDED BASIS) OF ASPHALT PRODUCTS UTILIZING WASHINGTON STATE CONTRACT, VENDORS ARE ALBINA ASPHALT AND MCASPHALT LTD., IN THE AMOUNT OF $40,000 (AB2008 -034) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ACCEPT A DONATION OF .23 ACRES OF LAND LOCATED IN BIRCH BAY (PARCEL #405124333125) FOR PARK PURPOSES FROM ALFRED AND DELORIS RODRIQUEZ (AB2008 -035) 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND HANDEL INFORMATION TECHNOLOGIES TO DEVELOP AND IMPLEMENT A JUVENILE OFFENDER CASE MANAGEMENT SYSTEM IN THE AMOUNT OF $18,000 (AB2008 -036) S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO COMPLETE THE NECESSARY DOCUMENTATION TO FACILITATE THE SALE OF WHATCOM COUNTY'S RIGHTS AND INTERESTS OF THE BRUCE CREEK PROJECT (PARCEL #400628 066330 000) TO WSDOT IN EXCHANGE FOR CONSTRUCTION OF A SEGMENT OF THE BAY TO BAKER TRAIL. (AB2008 -037) 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07 -131 TO SOLE BIDDER, REISNER DISTRIBUTOR, INC. FOR THE ANNUAL SUPPLY OF FUEL IN THE AMOUNT OF $400,000 (AB2008 -038) 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07 -125 TO LOW BIDDER, FERGUSON WATERWORKS #1652, FOR ANNUAL SUPPLY OF ADS N -12 CULVERT IN THE AMOUNT OF $111,998.16 (AB2008 -039) 11. RESOLUTION CANCELING UNCOLLECTIBLE PERSONAL PROPERTY TAXES (AB2008 -040) 12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ACCEPT A THREE -YEAR GRANT AGREEMENT FROM WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT AND ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CTED FOR THE GRANT FUNDS TO IMPLEMENT THE HGAP RE -ENTRY PROJECT IN THE AMOUNT OF $1,214,400 (AB2008 -041) 13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND MATERIAL TESTING AND CONSULTING, INC. FOR SAMPLE COLLECTION, INSPECTION AND TESTING OF CONCRETE, ASPHALT, AGGREGATES AND OTHER CONSTRUCTION MATERIALS FOR COUNTY PUBLIC WORKS PROJECTS IN THE AMOUNT OF $50,000 (AB2008 -042) 14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND WESTCOAST COUNSELING AND TREATMENT CENTER FOR OUTPATIENT SUBSTANCE ABUSE OUTREACH AND TREATMENT SERVICES TO LOW- INCOME PERSONS IN WHATCOM COUNTY IN THE AMOUNT OF $95,376 (AB2008 -043) Whatcom County Council, 1/15/2008, Page 4 15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT FOR SERVICES AGREEMENT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES NORTHWEST FOR OUTPATIENT SUBSTANCE ABUSE OUTREACH AND TREATMENT SERVICES TO LOW- INCOME PERSONS IN WHATCOM COUNTY IN THE AMOUNT OF $54,624 (AB2008 -044) 16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND DAVID EVANS AND ASSOCIATES, INC. FOR THE DESIGN PHASE OF THE BIRCH BAY LYNDEN RD /PORTAL WAY SIGNALIZATION, CRP #901011 IN THE AMOUNT OF $49,154.79 (AB2008 -045) 17. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR CONSULTING SERVICES BETWEEN WHATCOM COUNTY AND CASCADIA CONSULTING GROUP FOR OUTREACH SERVICES TO PROMOTE WASTE REDUCTION AND RECYCLING IN THE AMOUNT OF $30,000 (AB2008 -046) 18. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY TO COMPLY WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEMS PHASE II PERMIT IN THE AMOUNT OF $75,000 (AB2008 -047) 19. RESOLUTION TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY PUBLIC AUCTION REQUEST #TR2008 -01 (AB2008 -050) 20. RESOLUTION TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY PUBLIC AUCTION - REQUEST #TR2008- 02 (AB2008 -051) OTHER ITEMS 1. APPOINTMENT TO FILL A VACANCY ON THE FLOOD CONTROL ZONE DISTRICT .ADVISORY COMMITTEE (ALTERNATE POSITION), APPLICANT: RICK MARICLE (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2007 -534) Brenner moved to appoint Rick Maricle. Motion carried unanimously, 2. APPOINTMENT TO FILL A VACANCY ON THE WHATCOM COUNTY NOXIOUS WEED CONTROL BOARD (DISTRICT 4 POSITION), APPLICANT: TERRY MCNABB (AB2008 -029) Brenner moved to appoint Terry McNabb. Motion carried unanimously. Whatcom County Council, 1/15/2008, Page 5 1 3. APPOINTMENT TO FILL A VACANCY ON THE DRAYTON HARBOR SHELLFISH 2 PROTECTION DISTRICT (RESIDENT POSITION), APPLICANT: HARLEN 3 DARRELL CLARK (AB2008 -052) 4 5 Brenner moved to appoint Harlen Darrell Clark, 6 7 Motion carried unanimously. 8 9 10 INTRODUCTION ITEMS 11 12 Brenner moved to accept the Introduction Items. 13 14 Motion carried unanimously. 15 16 1. ORDINANCE APPROVING PROJECT -BASED BUDGET REQUEST NO. 2008 -1, 17 CRP #907002, FOR FERRY DOCK IMPROVEMENTS IN THE AMOUNT OF 18 $2,300,000 (AB2008 -048) 19 20 2. ORDINANCE ADOPTING 2008 BUDGET SUPPLEMENTAL REQUEST #3 IN THE 21 AMOUNT OF $2,324,391 (AB2008 -049) 22 23 3. RESOLUTION TO SET HEARING TO SELL COUNTY TAX TITLE PROPERTY BY 24 PUBLIC AUCTION - REQUEST #TR2007 -01 (AB2008 -050A) 25 26 4. RESOLUTION TO SET HEARING TO SELL COUNTY TAX TITLE PROPERTY BY 27 PUBLIC AUCTION - REQUEST #TR2008 -02 (AB2008 -051A) 28 29 30 OTHER BUSINESS 31 32 Kelly moved to extend the closing date to accept written records on the ordinance 33 amending the Whatcom County Comprehensive Plan Map, Title 20 Zoning Map, and 34 the Urban Fringe Subarea Plan (AB2007 -318A) to the date of the actual vote on the 35 proposed ordinance by the County Council. 36 37 Weimer stated the City Council is considering approving a City resolution on this 38 matter after the County Council comment period is closed. Approving this motion would 39 give the City an opportunity to submit its resolution into the County's record. 40 41 Motion carried unanimously. 42 43 44 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS 45 46 Brenner stated she would like Mr. Alesse's help with issues to change their regressive 47 property tax system in Washington State. 48 49 Crawford stated he welcomes Councilmember Kelly to the Council. He looks forward 50 to working with him. Also, it's great that Executive Kremen recognized County employees 51 for being heroic. 52 53 Whatcom County Council, 1/15/2008, Page 6 1 ADJOURN 2 3 The meeting adjourned at 7:34 p.m. 4 _ 5 6 C 7 Jill Nixon, Minutes Transcr �tion 8 9 The Council approved these minutes on FebruaW 12 , 2008. 10 ,,��IIIIIIHit /��� 11 ATTEST: `��* .�� CO4�V.Z' WHATCOM COUNTY COUNCIL 13 \���J�•��iA]•�C/ 'i���� WHATCOM COUNTY, WASHINGTON 16 = G� 17 Dana Carl Weimer, Council Chair ••`SHINCy�0 01111181111 lilt, k ;;.. Whatcom County Council, 1/15/2008, Page 7