HomeMy WebLinkAboutCouncil July 8 20081 WHATCOM COUNTY COUNCIL
2 Regular County Council
3
4 July 8, 2008
5
6 Council Vice -Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the
7 Council Chambers, 311 Grand Avenue, Bellingham, Washington.
8
9 Present: Absent:
10 Barbara Brenner Carl Weimer
11 Bob Kelly
12 Sam Crawford
13 Laurie Caskey- Schreiber
14 L. Ward Nelson
15
16
17 FLAG SALUTE
18
19
20 ANNOUNCEMENTS
21
22 Fleetwood announced there was discussion with a representative from the
23 Whatcom County Prosecutor's Office regarding pending litigation (AB2008 -018) in
24 executive session during the Committee of the Whole meeting.
25
26 On the advice of the County Council attorney, the Council doesn't have the authority
27 to act on the request, based on lack of granted authority in the County Charter or County
28 Code.
29
30
31 MINUTES CONSENT
32
33 Caskey- Schreiber moved to approve the Minutes Consent items.
34
35 Motion carried unanimously.
36
37 1. BOARD OF HEALTH FOR APRIL 1, 2008
38
39 2. SURFACE WATER WORK SESSION FOR APRIL 15, 2008
40
41 3. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 6, 2008
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43 4. COMMITTEE OF THE WHOLE FOR MAY 6, 2008
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45 5. COMMITTEE OF THE WHOLE FOR JUNE 17, 2008
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47 6. REGULAR COUNTY COUNCIL FOR JUNE 17, 2008
48
49
50
51 OPEN SESSION
52
53 The following people spoke:
Whatcom County Council, 7/8/2008, Page 1
Johnnie Grames, 1506 E. Maplewood Avenue, Bellingham, stated Councilmember
Weimer made a comment in the newspaper that having jails and hospitals is a no- brainer.
Knowledge and caring is wisdom. Wisdom and compassion is justice. The heart and mind
are connected. He's concerned about becoming a political prisoner. He's concerned about
politicizing law enforcement and government. He's concerned about people who advocate
for jails lobbying councilmembers instead of the electorate. They don't have to comply with
election laws or disclosure. It should go to the voters. The public doesn't go away for two
years. The public has to participate and be involved. The Whatcom Law and Justice Council
Executive Board is meeting, and someone from the County Council should attend.
Dan McShane, 1451 Grant Street, stated this afternoon he was walking down the
street and saw a woman lying on the sidewalk. Several people walked by because it's
become a common scene in downtown Bellingham. It appeared she was having a seizure.
He actually hesitated to call 911 because of the cost to taxpayers. He'd seen her before and
knew a bit about her. 911 was called and responded quickly. He hopes she will be well
taken care of, but she'll be taken care of at the expense of taxpayers in an inefficient
manner. The Council will soon be dealing with an issue. Keep in mind that the cost of not
dealing with this appropriately will have tremendous consequences.
Tom Westergreen, 4800 South Pass Road, stated he was a member of the County's
panel on reconveyance. The panel just finished its work and made reports to the County
Executive. He wrote a minority report that didn't agree with the reconveyance. The 4,800
acre reconveyance is a major long -term commitment for the County that has many attached
costs and responsibilities. Look at the issue closely. The reconveyance includes a loss of
revenue and hardship to the Mt. Baker School District. Have a number of public hearings on
this issue, including a hearing in Deming, within the school district.
Benita Bowen, 1212 Woburn Street, Bellingham, stated she supports the one -tenth
of one percent tax proposal coming up. Consider it carefully for the good of the community.
PUBLIC HEARINGS
1. ORDINANCE REPEALING WHATCOM COUNTY CODE SECTION 2.23, WATER
CONSERVANCY BOARD (AB2008 -199A)
Fleetwood opened the public hearing and, hearing no one, closed the public hearing.
Caskey- Schreiber moved to adopt the ordinance.
Motion carried unanimously.
2. RESOLUTION VACATING A PORTION OF WILLOW STREET (AB2008 -105A)
Fleetwood opened the public hearing and the following people spoke:
Leda Kiendy, 7456 Woolridge Road, Blaine, stated the street is in an area where
Sunset Street cuts through Willow Street. The part of Willow Street on the other side of
Sunset is being developed. This may be a bit premature because of all the development
going on in the area. The people adjacent to it are using it, and have been for years. There
is no hurry to vacate the street at this point. Perhaps there should be a trail there.
Whatcom County Council, 7/8/2008, Page 2
1 Steve Glenn, 7448 Birch Bay Drive, Blaine, submitted information (on file) and
2 stated he is the petitioner for the vacation. He filed the petition in June of 2005. His
3 consultant filed the petition, and made an error. He had specifically requested that the
4 vacation be only between Jackson Road and Sunset Road, with no additional portion of the
5 street. They secured the signatures of the surrounding neighbors. He also secured
6 signatures of two plat developers.
7
8 He wrote Joe Rutan on January 12, 2006 and asked why this wasn't being
9 addressed, and asked for a written response. He'd had conversations with Ty Whitcomb,
10 who recommended they seek an abbreviated vacation. In February, Joe Rutan agreed that
11 the road between Jackson Road and Sunset Road would never be built because of the
12 Washington State Department of Transportation's minimum site distance requirement.
13 (Inaudible.) He offered to provide an easement through the vacated area for County access
14 to utilities.
15
16 The letter from Mr. Whitcomb dated February 28, 2006 made him realize the
17 problems to vacation. He read from page 10 of his handout regarding the benefits of the
18 vacation to Whatcom County. (Inaudible.) The site distance is extremely limited. It's a
19 very dangerous place to drive. Prior vacations were granted, as shown on page 17 of his
20 handout.
21
22 Another objection brought to his attended regarded beach access. (Inaudible.)
23 Because the property is divided by 20 -foot by 100 -foot sections, no one can build on it. He
24 suggests doing it based on the assessed values of the parcels next to it, compute the square
25 footage dollars, and add that together to get the selling price of the property. All those
26 documents are in his handout.
27
28 Crawford asked if the property owner to the east became a petitioner. Glenn stated
29 he did not. He contacted all the property owners adjacent to the area. Only one person
30 never contacted him. He isn't petitioning for the portion of the road abutted by another
31 property owner to the east.
32
33 Crawford asked if the owners of block 20, lot one and lot five were petitioners.
34 Glenn stated they are on the signature list.
35
36 Patrick Alesse, 4825 Alderson Road, Birch Bay, stated there are several areas in
37 Birch Bay that were meant to be beach access for the public. In the past, the County has
38 allowed people to vacate those accesses. The original developer set up the plat to maximize
39 the value of the property on Terrell Creek by including public rights -of -way over the creek
40 and paths to the beach. In the past, the County vacated property that was to be open to
41 those people. The access is mentioned in the deeds of those property owners.
42
43 He's not sure who platted this piece of property or that person's intent. There are
44 many areas in Birch Bay meant for people to use to get to the beach. The Northwest Parks
45 and Recreation District has an interest in trails in Birch Bay. Contact them. Also contact
46 the Birch Bay Steering Committee.
47
48 Hearing no one else, Fleetwood closed the public hearing.
49
50 Jim Perkins, Public Works Department, stated he bases is recommendation on the
51 highest and best use of a property. Of all the vacation requests that he sees, this request
52 makes the most sense to vacate. A portion of Willow Street was approved for a vacation in
53 1993, but the petitioners never paid for it.
Whatcom County Council, 7/8/2008, Page 3
On each end of the property in question, there streets coming down the hill, allowing
access to Terrell Creek and the beach. There are six separate public beach entrances,
within one mile of that area. On one end of the block, there is a trail the County maintains.
A privately- maintained trail, used by the public, is on the other end of the block. He
recommends vacation. This property has little use to anyone. It could end up being
something for drainage in the future, but the property has been of no use for the past 30
years. No one can walk through it. It's covered with weeds. Joe Rutan doesn't necessarily
agree with his recommendation. There isn't even a path through the area. It's grown over.
Crawford asked if the appraisal amount is negotiable. He asked if the County is sure
about the appraised value. Perkins stated his estimate is not an appraisal, just an opinion
about market value. If they hire appraisers, those appraisals can differ. The County can
negotiate the amount or stick with his estimate. They shouldn't let it go for the assessed
value. He put a high value on it, even though it's not a building lot. Mr. Glenn indicated
that he wanted to use that property to build a house on his adjacent lot, and use the
vacated area as a setback. One would pay more than his estimate for an 8,000 square foot
lot in Birch Bay. Don't sell it for the assessed value, which is too low.
Fleetwood asked if the question of value is secondary to the initial question of
whether or not the lot can be used.
Crawford stated that if the Council goes forward, don't just give the property away.
The high value estimate is appropriate.
Caskey- Schreiber asked if the property is on a slope toward the creek. Perkins
stated it is.
Caskey- Schreiber stated she is inclined to not close roads that exist. However, they
have environmental concerns with Terrell Creek. Putting in a road would create drainage
problems for the creek. She is inclined to approve the vacation so the property doesn't
become a road. Perkins stated there is no plan to build a road. The County would retain an
easement for drainage and other uses.
Nelson moved to approve the resolution, including a County easement 15 feet wide
for utilities.
Brenner stated this property could be used for things other than a road, such as
stormwater detention and other public uses.
Frank Abart, Public Works Director, stated the question is whether there will ever be
a public need for this property, now or in the future. He agrees that there could be a
multitude of uses for this property. The County Engineer supports keeping the property as
a right -of -way. It would be much more expensive to try to purchase that or comparable
land in the future.
Nelson asked if 15 feet is enough for a County right -of -way. There is a block
between access points. They may need the entire property for utility. Abart stated he
doesn't know.
Nelson stated he doesn't see a benefit to this in the foreseeable future.
Whatcom County Council, 7/8/2008, Page 4
1 Brenner stated Birch Bay is designated to grow. This is a connection. Don't be so
2 quick to give up access between two roads.
3
4 Caskey- Schreiber stated that in light of the Birch Bay pollution issues, there is no
5 way they should add another channel that would increase flow to Terrell Creek.
6
7 (Clerk's Note: End of tape one, side A.)
8
9 Caskey- Schreiber continued to state that the public benefit is not allowing more
10 pollution to flow toward the creek.
11
12 Crawford stated that by allowing the vacation and the petitioner to expand his
13 property, there is the potential for increased impervious surfaces during the construction
14 project. This will never become a road. There is no question that this site will ever be
15 appropriate for a road. He will support the motion to approve the resolution. Allow the
16 adjoining property owner to use the area. The County has protections for developed
17 property that are sufficient. If there is more impervious surface, the owner will pay more
18 through the new Birch Bay stormwater mechanism. Perhaps the owner will have incentive
19 to not create more impervious surface, and instead use creative landscaping.
20
21 The really old plats, going back to the 1870's are in the city of Bellingham. The City
22 is now consistently vacating rights -of -way all over the place. It's typical. In this case, the
23 plat is old with many problems. Virtually all the lots are nonconforming to today's
24 standards. The areas dedicated for roads aren't good for roads today. He likes how staff
25 and the owner agreed to provide an easement.
26
27 Brenner stated this is one access in Birch Bay. In the future, something like that
28 would be a premium.
29
30 Caskey- Schreiber asked how likely it is that this area will become a road. Abart
31 stated it's unlikely.
32
33 Fleetwood stated the Revised Code of Washington (RCW) indicates that they must
34 prove the right -of -way is useless. He asked what that means. Abart stated it means the
35 property must be useless for future public use.
36
37 Fleetwood stated no one has made that point. It's possible that there could be a
38 public use in the future. Therefore, the Council must conclude that the property is not
39 useless.
40
41 Caskey- Schreiber stated she has changed her mind and no longer supports the
42 motion, since it's not likely a road will be built there.
43
44 Nelson asked if the applicant's lot is buildable currently. Glenn stated he doesn't
45 know the setback off Willow Street.
46
47 Crawford stated the easement off Willow Street is five feet. Glenn stated they can't
48 build the home they want on their existing lot.
49
50 Motion failed 2 -4 with Nelson and Crawford in favor,
51
52
Whatcom County Council, 7/8/2008, Page 5
1 CONSENT AGENDA
2
3
Nelson reported for the Finance and Administrative Services Committee and moved
4
to approve Consent Agenda items one through 15.
5
6
Brenner withdrew item 15.
7
8
Notion to approve Consent Agenda items one through 14 carried
9
unanimously.
10
11
1.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A TWO -
12
YEAR CONTRACT BETWEEN WHATCOM COUNTY AND EDUCATIONAL SERVICE
13
DISTRICT 105 (HIDTA . GRANT FISCAL AGENT) TO PROVIDE PARTIAL
14
FUNDING OF A DRUG COURT CASE MANAGER IN THE ANNUAL AMOUNT OF
15
$30,000 (AB2008 -248)
16
17
2.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT
18
APPLICATION PROCESS FOR 2008 APPLICATION FOR THE JUSTICE
19
ASSISTANCE GRANT FROM THE DEPARTMENT OF JUSTICE FOR THE ADULT
20
DRUG COURT (AB2008 -249)
21
22
3.
REQUEST AUTHORIZATION FOR THE PUBLIC WORKS DEPARTMENT TO USE
23
THE WASHINGTON STATE CONTRACT. TO PURCHASE TRAFFIC SIGNALS,
24
LIGHT STANDARDS AND RELATED MATERIALS FOR THE HANNEGAN ROAD,
25
SR 544 SIGNALIZATION PROJECT FROM VENDOR VALMONT INDUSTRIES IN
26
THE AMOUNT OF $53,338.93 (AB2008 -250)
27
28
4.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A GRANT
29
AGREEMENT BETWEEN WHATCOM COUNTY AND THE NORTHWEST CLEAN
30
AIR AGENCY FOR REIMBURSEMENT OF COSTS RELATED TO
31
INFRASTRUCTURE SUPPORTING BIODIESEL IN THE AMOUNT OF $75,000
32
(AB2008 -251)
33
34
5.
RATIFICATION OF THE 2008 - 2012 TEAMSTERS UNION LOCAL 231 MASTER
35
COLLECTIVE BARGAINING AGREEMENT (AB2008 -121E)
36
37
6.
RESOLUTION AMENDING CRP #908005 FOR SUBDIVISION OVERLAY ESPANA
38
ESTATES AND APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT
39
WITH LOW BIDDER, GRANITE NORTHWEST, INC., IN THE AMOUNT OF
40
$184,085 (AB2008 -252)
41
42
7.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
43
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE
44
OPPORTUNITY COUNCIL FOR WHATCOM COUNTY HOMELESS SERVICE
45
CENTER ADMINISTRATIVE SERVICES IN THE AMENDED AMOUNT OF
46
$39,500, FOR A TOTAL CONTRACT AMOUNT OF $456,015 (AB2008 -253)
47
48
8.
REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
49
CONTRACT WITH OTAK, INC. FOR THE DESIGN OF HANNEGAN ROAD SCOTT
50
DITCH BRIDGE NO. 245 REPLACEMENT IN THE AMOUNT OF $82,813
51
(AB2008 -254)
52
Whatcom County Council, 7/8/2008, Page 6
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT WITH GEOENGINEERS, INC. FOR GEOTECHNICAL ENGINEERING
FOR THE HANNEGAN ROAD SCOTT DITCH BRIDGE NO 245 REPLACEMENT IN
THE AMOUNT OF $23,600 (AB2008 -255)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #1 TO CZM310 GRANT AGREEMENT NO. G080003 BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND WHATCOM
COUNTY FOR THE NORTHWEST STRAITS PROJECT: WHATCOM MRC
ADMINISTRATION AND ACTION PROJECTS, IN THE AMENDED AMOUNT OF
$25,000, FOR A TOTAL CONTRACT AMOUNT OF $209,000 (AB2008 -256)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN THE WHATCOM COUNTY FLOOD CONTROL ZONE
DISTRICT AND THE US DEPT OF AGRICULTURE NATURAL RESOURCES
CONSERVATION SERVICE FOR ONGOING MAINTENANCE OF THE TWO
SNOTEL SITES IN THE AMOUNT OF $30,000 (AB2008 -257)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND SUN
COMMUNITY SERVICES FOR JAIL DIVERSION PROJECT SERVICES IN THE
AMENDED AMOUNT OF $22,500, FOR A TOTAL CONTRACT AMOUNT OF
$177,000 (AB2008 -258)
13. RESOLUTION APPROVING A SALARY SCHEDULE AND POLICIES FOR
UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 2008
(AB2008 -121 B)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AMENDMENT TO THE DRUG TASK FORCE CONTRACT WITH THE
WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC
DEVELOPMENT FOR PARTIAL PAYMENT OF WAGES FOR WHATCOM COUNTY
SHERIFF'S DEPARTMENT OFFICERS IN THE AMENDED AMOUNT OF $124,255
(AB2008 -259)
15. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN EXTENSION
OF THE INTERLOCAL AGREEMENT THROUGH JANUARY 31, 2009, BETWEEN
WHATCOM COUNTY AND THE CITY OF BELLINGHAM CONCERNING
ANNEXATION AND DEVELOPMENT WITHIN THE CITY OF BELLINGHAM'S
URBAN GROWTH AREA (AB2008 -171A)
Nelson reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated it's very important that developments pay for things and not force
people off their properties, by forcing them to pay the frontage for sewer and water. That's
what happened on Bakerview Road. People lost their homes for some developers who
wanted to put the services through for what they wanted. Instead, use latecomer's fees so
things are developed in an orderly way. People on Bakerview Road had to pay for sewer
and water, but were not able to sell their property. They lost their home. They had to pay
a road frontage fee, whether or not they hooked into the service.
Whatcom County Council, 7/8/2008, Page 7
1 Nelson stated the City did a local improvement district (LID) for Bakerview Road. A
2 small lot owner who had just a house was required to pay a disproportionate share to get
3 the LID in. The fee was based upon what the development of the property could do, but it
4 was only a single family residence. The owner could only sell the value of the land, which
5 was zoned commercial, not the house. It was like a raw piece of land for commercial
6 development.
7
8 Brenner stated the City also made a rule that it couldn't be developed because the
9 acreage was too small. The owners were stuck unless their neighbors wanted to fold them
10 in. Don't allow that to happen again.
11
12 Motion carried unanimously.
13
14
15 OTHER ITEMS
16
17 1. REVIEW OF PUBLIC COMMENTS FOR STATE APPROVAL OF UPDATED
18 SHORELINE MANAGEMENT PROGRAM (AB2008 -261)
19
20 Fleetwood reported for the Natural Resources Committee and stated the committee
21 didn't take any action.
22
23 Kelly stated the Council must acknowledge that the Council reviewed the public
24 comments and approve the responses to public comments. He hasn't seen a draft letter
25 about the Council's approval.
26
27 David Stalheim, Planning and Development Services Department Director, stated a
28 draft letter is probably coming from the Executive. The letter is Whatcom County's
29 response to the State Department of Ecology (Ecology).
30
31 Crawford moved that the Council concur with staff comments and responses to
32 public comments, and send the responses to Ecology.
33
34 Motion carried unanimously.
35
36 Crawford stated there are areas of concern about the Shoreline Management Plan.
37 He continues to support the plan generally, but issues have come up as matters of
38 application, even though the plan hasn't yet been put into effect. There is already fallout
39 from some of the policy implications of the plan. His concerns may be addressed through
40 the critical areas ordinance.
41
42 Brenner stated her concern is about flexibility in the plan. The administrator ought
43. to have some flexibility depending on site conditions.
44
45 2. ORDINANCE ESTABLISHING AN EAST WHATCOM REGIONAL RESOURCE
46 CENTER CONSTRUCTION FUND (AB2008 -239)
47
48 Nelson reported for the Finance and Administrative Services Committee and .moved
49 to adopt the ordinance.
50
51 Motion carried unanimously.
52
53 3. ORDINANCE ESTABLISHING PROJECT BUDGET AMENDMENT NO. 2 OF THE
Whatcom County Council, 7/8/2008, Page 8
2008 BUDGET FOR THE EAST WHATCOM REGIONAL RESOURCE CENTER
CONSTRUCTION FUND (AB2008 -240)
Nelson reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Caskey- Schreiber stated she hopes the County breaks ground on this before she
leaves office. It's a very worthy project. She's glad the administration continues to develop
the project.
Motion carried unanimously.
4. ORDINANCE ADOPTING A BIENNIAL BUDGET PROCESS FOR WHATCOM
COUNTY (AB2008 -244)
-AND-
S. ORDINANCE ADOPTING A BIENNIAL BUDGET PROCESS FOR WHATCOM
COUNTY (WITH EXHIBIT A) (AB2008 -244A)
Nelson reported for the Finance and Administrative Services Committee and moved
to adopt the AB2008 -244A.
Crawford moved to amend to delete Exhibit A and the reference to Exhibit A in the
resolution. It's not necessary. There is no example of a problem that the administration
wasn't willing to work on with the Council. Putting an onus on the administration, with
deadlines, in the middle of a budget cycle isn't necessary. The process isn't broken. The
status quo is fine. The administration put forward a biennial budget ordinance that has
worked in the past and will continue to work in the future.
Fleetwood stated he is against the motion to amend. He doesn't support an annual
budget process. Exhibit A is a compromise.
Nelson stated he supports the motion. If he has a concern, he is comfortable with
working with the administration on a budget proposal. Some councilmembers want the
ability to propose new language that deals with the will of the Council. The exhibit as it is
now just creates another annual budget process.
Fleetwood asked if Councilmember Nelson has the opinion that Exhibit A is better
than an annual budget process. He doesn't have the votes to go to a biennial budget
process. Exhibit A is the compromise.
Nelson stated Exhibit A is not a compromise. It requires an annual budget process.
Caskey- Schreiber stated Exhibit A is different from an annual budget process.
Neither the Council nor the administration may have any modifications. If they do, this is
the time for those modifications. They aren't asking the departments to submit additional
services requests and go through the entire budget process. Exhibit A allows a time for the
Council to review the budget to see whether or not it's working.
Brenner stated efficiency is important. The public has a right to expect open
government. That's why she is in favor of an annual budget process. The biennial process
misses public scrutiny. Exhibit A is better than a biennial process. A number of counties in
Whatcom County Council, 7/8/2008, Page 9
the state tried the biennial budget process, but got rid of it because they were missing
important nuances. This isn't efficient.
Kelly stated he agrees with Councilmember Brenner. He prefers an annual budget
process. As a councilmember, he wants more than two chances to approve the budget
during his term. Their ability as councilmembers is more limited than he thought and the
general public is aware of. An annual budget is not as bad as they characterize. Past and
present council members in other charter governments have regretted the biennial budget
process. An annual process gives the public and councilmembers more opportunity to look
at the budget. He hoped to support the compromise of Exhibit A, because he believes the
Exhibit does make it an annual process. He won't support the motion. He supports an
annual budget process.
Nelson stated the issue isn't whether the process is annual or biennial. The issue is
whether or not they are able to accomplish their objectives. Some councilmembers may
feel they aren't getting a response to their needs. He's worked with the administration on
budget requests. That's how the process works, whether it's annual or biennial. He asked
how the administration interprets the requirements of Exhibit A.
Dewey Desler, Deputy Administrator, stated the administration and Council
communicate regularly, including on budget issues. A two year budget process is in the
best interest of the County. It saves a great deal of staff time and provides better public
service.
Practically, the administration would discuss issues with the Council during the Fall of
2009. The administration would bring forward proposed modifications to the 2010 budget
to the Council. The Council could deal with those proposals as it deems necessary. The
requirements of Exhibit A aren't that different from what they do now monthly.
Developing two one -year budgets once every two years represents a savings and still
provides opportunity for everyone to address the nuances. This government can't work
unless the Executive and Council cooperate. They've worked together successfully in the
past, and will continue to do so in the future.
Pete Kremen, County Executive, stated executive and legislative branches of
government must work together. They may disagree, but will work together in spite of the
disagreements. No matter how this Council votes, he will respect the Council's decision. He
hopes the Council reciprocates with some of his positions.
This item was put before the voters and media.
(Clerk's Note: End of tape one, side 8.)
Kremen continued to state that the intent and expectation before the voters was that
the biennial process, if approved, would be done into the future because of the benefits of a
biennial budget. The voters approved the biennial process by a super- majority. Don't
ignore what the voters told the government. There is a huge economic savings and
efficiency in government with a biennial budget process. Every department head and
elected official prefers the biennial process. Approve the will of the people.
Brenner stated the wording on the ballot was to allow the Council to consider a
biennial budget process, not that the County must have a biennial process. The will of the
people was for the Council to consider it only. The Council considered it, and voted for it.
Whatcom County Council, 7/8/2008, Page 10
However, it doesn't allow the public as much opportunity. She has a good relationship with
the administration. It's not about the administration. It's about the process. She will
always want the most process and the most public input, even if it's inefficient. They can't
measure the efficiency of a biennial budget, but she can measure the amount of public
involvement.
Caskey- Schreiber stated she disagrees with Executive Kremen's portrayal that the
Council is going against the voters by adopting this modified process. She is showing
deference to councilmembers who are stressed by not having the ability to open the process
and make amendments to the budget. If elected officials want more review through a two -
year budget process, allow that extra time. Kremen stated he respects Councilmember
Caskey- Schreiber. The councilmembers should ask everyone in the entire Executive branch
how important it is to them to have a biennial budget process. When the elected officials
and department heads find out that they may no longer have a biennial budget process, the
Council will find out how they feel about that. No matter what the Council decides, he will
respect the decision. However, this is a time when the County is really trying to deal
successfully with economic challenges and be as efficient as they can. Now is the time they
should embrace and implement a biennial budget. He will work with the Council as
efficiently as possible, no matter what the Council decides.
Caskey- Schreiber stated the ordinance is to approve a biennial budget process. The
effect of Exhibit A is only that the Council can open up the budget discussion if necessary.
They will have a meeting and hearing about it next Fall. That's all it means. She does not
intend for Exhibit A to be treated like an annual budget process.
Motion to amend to delete Exhibit A and its reference failed 2 -4 with Nelson
and Crawford in favor.
Motion to adopt the ordinance in AB2008 -244A failed 3 -3 with Crawford,
Kelly, and Brenner opposed.
244A.
244A.
Nelson moved to adopt the ordinance in AB2008 -244.
Motion carried 4 -2 with Brenner and Kelly opposed.
Brenner stated she would reconsider the vote to adopt the ordinance in AB2008-
Fleetwood moved to rescind the motion to adopt the ordinance in AB2008 -244.
Motion to rescind carried 4 -2 with Crawford and Nelson opposed.
Fleetwood moved to reconsider the motion to adopt the ordinance in AB2008-
Motion to reconsider carried 5 -1, with Nelson opposed.
Caskey- Schreiber moved to adopt the ordinance in AB2008 -244A.
Motion carried 5 -1 with Crawford opposed.
6. DISCUSSION AND APPOINTMENT OF MEMBERS OF THE COUNCIL TO THE
REGIONAL PLANNING FORUM TO REVIEW COUNTYWIDE PLANNING
Whatcom County Council, 7/8/2008, Page 11
POLICIES, POPULATION GROWTH ALLOCATIONS FOR UGA REVIEWS, AND
OTHER REGIONAL PLANNING ISSUES (AB2008 -267)
Crawford nominated himself. He will commit to attending and serving on the forum.
Brenner nominated Councilmember Kelly.
Caskey- Schreiber stated the Council Chair should also be a candidate for
consideration.
Brenner stated the Council Chair doesn't have any more authority than any other
councilmember.
Fleetwood stated the Council Planning Committee Chair or a Planning Committee
member should be on the forum. He asked if either Councilmember Crawford or
Councilmember Kelly would commit to reporting to the Planning Committee after each
meeting.
Crawford stated a lot of this will be about process. It's to set a framework of
communication and cooperation amongst the cities and County to ensure there is a process
that maximizes public involvement and public input. He understands process issues well.
As a member of the forum, he will approach this task from the perspective of process. It
would be wiser for the councilmember appointed to give updates as necessary, not after
each meeting.
Caskey- Schreiber stated she agrees that a councilmember on the Council's Planning
Committee should attend. Councilmember Crawford also has business interests that might
be a conflict when talking about urban growth area (UGA) expansions. She asked if
Councilmember Crawford can honestly say that his business will never get involved in those
decisions.
Crawford stated they all represent people who are affected by decisions. This group
will not cut deals and make decisions that affect one entity or another. This group will not
decide on the urban growth areas that will be included.
Kelly stated no one is precluded from showing up and observing the meetings.
Pete Kremen, County Executive, stated this effort is something they should have
been doing in the past. This effort will bring all entities together to develop urban growth
area boundaries in unison. The County Council should be represented at the meetings and
be involved from the beginning of the process, even though this is an executive branch
process.
Kelly withdrew his name from the nomination.
Fleetwood nominated the sitting Planning Committee Chair.
Brenner moved to approve the nominations by acclamation.
Motion carried unanimously.
7. COUNTY EXECUTIVE REQUESTS CONFIRMATION OF HIS APPOINTMENT OF
AUBREY STARGELL TO THE COUNTY APPEALS BOARD (AB2008 -263)
Whatcom County Council, 7/8/2008, Page 12
Caskey- Schreiber moved to confirm the appointment.
Motion carried unanimously.
INTRODUCTION ITEMS
Caskey- Schreiber moved to accept the Introduction Items, including the
substitutes versions for Introduction Items six and seven. Item four has been withdrawn
from the agenda.
Nelson withdrew Introduction Item two. Everyone agrees that funding is necessary
for these services. His concern is that the public should be fully involved in approving the
tax. If the Council takes action that fails, they may harm the effort to get this approved in
the future.
Caskey- Schreiber stated withdrawing this item would avert the public process.
Many people are engaged in the process and would like their time to come before the
Council and testify. It won't hurt the campaign. The largest newspaper in the County
already hurt the campaign by writing an opinion of opposition before they've even discussed
it. The best thing to do is talk about it publicly. The County must do this now to curb the
ever - growing dependency on traditional methods for treating people who have substance
abuse problems and how are mentally ill. Those traditional costs are escalating, and will
break the County's back at some point.
Brenner stated it's better to have more public process and discussion. By being on
the agenda, the Council may do one of three things: adopt it, put it on the ballot, or deny it.
There isn't enough time to put it on this year's ballot. She will support the tax only if the
voters approve it on the ballot.
Crawford asked if an outcome of this would be failure to pass the resolution outright,
but approval to put it on the ballot.
Royce Buckingham, Prosecutor's Office, responded (inaudible).
Crawford stated he has heard that this can only be passed by a vote of the County
Council. He wants to find out the Council's options. He believes the Council's option in two
weeks is to either pass it or not. He asked if the Council can move forward with an advisory
vote.
Kelly stated he supports the tax. It's impossible to argue against the justification for
the tax. It's a great idea. However, it's a bad time for it. There is not enough time for
both sides of the issue to mobilize if it went on a ballot this year. This is one of those issues
that the public will understand once they're educated about it. If done right now, the public
won't support it. He wants the public to support decisions in the future, but the Council will
jeopardize that if it goes on the ballot this Fall.
Brenner stated they have an option to have a discussion and then table it to when
it's appropriate.
Caskey- Schreiber stated the Council owes it to the community to have a public
hearing on this issue and hear their voices. Let the public have their say.
Whatcom County Council, 7/8/2008, Page 13
Nelson withdrew his request to withdraw Introduction Item two.
Brenner reported for the Public Works and Safety Committee and moved to
withdraw Introduction Item four.
Motion to approve Introduction Items one through three and five through
eight, including the substitute versions, carried unanimously.
1. RECEIPT OF AN APPEAL OF THE HEARING EXAMINER'S DECISION ON FILE
NO. APL08 -0003, FILED BY LARRY STONER, AGENT FOR MIKE AND LAURIE
RICHARDSON, REGARDING A BOUNDARY LINE ADJUSTMENT
DETERMINATION (AB2008 -228)
2. ORDINANCE FIXING AND IMPOSING A SALES AND USE TAX FOR THE
PURPOSE OF PROVIDING NEW OR EXPANDED CHEMICAL DEPENDENCY OR
MENTAL HEALTH TREATMENT SERVICES AND FOR THE OPERATION OF NEW
OR EXPANDED THERAPEUTIC COURT PROGRAMS (AB2008 -247)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 2.108.040 -A,
REQUESTING THE ADDITION OF A REPRESENTATIVE FROM DSHS,
COMMUNITY SERVICES FOR THE BELLINGHAM - WHATCOM COUNTY
COMMISSION AGAINST DOMESTIC VIOLENCE (AB2008 -264)
4. RESOLUTION APPROVING THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2009
THROUGH 2014 (AB2008 -262)
5. ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, EIGHTH
REQUEST, IN THE AMOUNT OF $516,268 (AB2008 -265)
6. RESOLUTION ESTABLISHING A FUNDING MECHANISM TO PROVIDE SERVICE
TO THOSE RECEIVING OR WHO WILL RECEIVE BENEFITS FROM THE STORM
WATER CONTROL FACILITIES OR PROGRAMS AND THOSE WHO ARE
CONTRIBUTING TO AN INCREASE IN SURFACE WATER RUNOFF IN THE
BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT
DISTRICT (AB2008 -260) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE
DISTRICT BOARD OF SUPERVISORS) substitute version
7. RESOLUTION ESTABLISHING FEES TO FUND THE BIRCH BAY WATERSHED
AND AQUATIC MANAGEMENT DISTRICT SERVICES AND PROGRAMS
(AB2008 -260A) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT
BOARD OF SUPERVISORS)
S. RESOLUTION APPROVING A GRAVEL PIT EXCHANGE BETWEEN THE
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AND WHATCOM
COUNTY FOR WILLEYS LAKE ROAD GRAVEL PIT IN EXCHANGE FOR
NORTHWOOD /BADGER ROAD GRAVEL PIT (AB2008 -266)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
-AN D-
Whatcom County Council, 7/8/2008, Page 14
1 OTHER BUSINESS
2
3 Pete Kremen, County Executive, stated Kathleen Marshall passed away on July 3.
4 She was a leader on domestic violence issues. She served as executive director for the
5 Boys and Girls Club and also for Whatcom County Crisis Services. She has been a pillar in
6 the domestic violence efforts to eradicate that plague in the community.
7
8 Brenner moved to request that the administration bring forward any proposals to
9 help alleviate the problems of the Titus family in Birch Bay, and possibly tweak the zoning
10 ordinances to allow expansion of the temporary residence ordinance.
11
12 Pete Kremen, County Executive, stated he spoke with Council Chair Weimer about
13 this issue today. They agreed that Council Policy Analyst Rebecca Craven will work on the
14 issue. He also asked Planning Director Stalheim to see if they can come up with something
15 creatively that will do the trick.
16
17 Crawford stated the Committee of the Whole just voted to not put this on Ms.
18 Craven's work plan.
19
20 Brenner stated she would like to help resolve these problems. Kremen stated this
21 will likely be a legislative matter. This is exactly what Ms. Craven was hired to do. She was
22 hired to work on Council initiatives that the Council deems important and necessary. He will
23 commit his staff to address the problem, but the only way solve the problem is legislatively.
24 He and the administration will work with the Council to creatively come up with some sort of
25 remedy that everyone can live with. The Tituses will be made whole.
26
27 Brenner stated councilmembers asked for ideas for solutions. Make sure they can
28 resolve problems without creating too many unintended negative consequences. Other
29 councilmembers were concerned about opening a can of worms. Kremen stated this is not
30 an easy fix. He hopes they will be able to come up with some sort of method to address the
31 problem that everyone can live with.
32
33
34 ADJOURN
35
36 The meeting adjourned at 9:20 p.m.
37
38
39
40 Jill Nixon, Minutes Transcription
41
42 The Council approved these minutes on August 5 , 2008. WHATCOM COUNTY COUNCIL
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49
50 Daa .Bto cil Qerk S th Fleet od, Cou it Vice -Chair
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Whatcom County Council, 7/8/2008, Page 15