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WHATCOM COUNTY COUNCIL
Regular County Council
July 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:
Barbara Brenner
Bob Kelly
Sam Crawford
Seth Fleetwood
Laurie Caskey- Schreiber
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
Weimer announced there was discussion with Whatcom County Prosecutor
David McEachran regarding potential litigation (AB2008 -018) and discussion with
Senior Deputy Prosecutor Karen Frakes regarding pending litigation (AB2008 -018)
in executive session during the Committee of the Whole meeting.
MINUTES CONSENT
Nelson moved to approve the Minutes Consent items.
Motion carried unanimously.
1. SURFACE WATER WORK SESSION FOR MAY 13, 2008
2. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 3, 2008
3. SPECIAL COMMITTEE OF THE WHOLE FOR JUNE 10, 2008
4. SURFACE WATER WORK SESSION FOR JUNE 10, 2008
OPEN SESSION
The following people spoke:
Dennis Jones, 1487 Sudden Valley, stated there is a need for funding for important
projects, whether they are water quality, infrastructure, or public service and safety. His
Washington State University project, called Watermark for a Watershed '08, is finished. He
submitted a copy of the project (on file).
Whatcom County Council, 7/22/2008, Page 1
Bruce Donnelly, homeless, stated the Council should ban fireworks, especially those
that are explosives. Recently, people in one neighborhood in Fairhaven were letting off
extremely dangerous explosives with timed devices. They have nothing to do with any sort
of celebration.
Brenner stated Mr. Donnelly can also take the issue up with the City.
IVorma Otto, Evergreen Water and Sewer District Board of Commissioners President,
stated she asks the Council to approve the resolution to amend their Comprehensive Plan,
which will bring streetlights to Paradise. She thanked the Executive for providing County
staff to help with this process.
Johnnie Grames, 1506 E. Maplewood Avenue, stated Judge Snyder has an opponent
in the next election, which the Bellingham Herald failed to mention, whose name is Doug
Shepherd. There is a conflict of interest between the County Council and Law and Justice
Council's membership, which includes Mr. Schreiber. He submitted a request in the name of
the Freedom of Information Act regarding his record.
Lyle Galloway, IVational Turkey Federation's Washington State Chapter President,
asked why the Council voted at a previous meeting to oppose the release of the wild turkey
project in Acme, without having all the information. He would like to have a meeting with
the Council.
PUBLIC HEARINGS
1. 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)
Regina Delahunt, Health Department Director, gave a staff report and explained the
background of the issue. This ordinance will generate about $3.5 million annually. It
includes an eleven- member oversight advisory committee. The Advisory Committee would
advise the Board of Health on the use of the funds. She referenced and described the
Comprehensive Behavioral Health Plan, which quantifies the unmet needs in the community.
There is a great need for funding for services. The plan lists six overall strategies, common
to all previous planning efforts. Implement those six strategies. She read the six
strategies, which can be implemented in many different ways. There are best practices for
programs that are demonstrably effective in reducing the impact of mental health and
substance abuse issues in communities. If the ordinance is adopted, the Advisory
Committee would recommend the specific use of the funds in the community to achieve the
best possible outcomes.
Weimer opened the public hearing, and the following people spoke:
Dac Jamison, Substance Abuse Advisory Board Chair and Public Safety and Health
Initiative Committee Member, stated he supports the ordinance. He explained the process
that the Public Safety and Health Initiative used to come up with the sample budget. The
criminal justice system is failing because they have no where to put the people for
treatment with mental health and substance abuse issues. The money collected can be
used to leverage much more money.
Whatcom County Council, 7/22/2008, Page 2
Benita Bowen, 1212 Woburn Street, Bellingham, stated the costs for housing people
in jail are rapidly rising. The cost of drug court is much less. The mentally ill need access
to services. Have a program for the mentally ill that is similar to drug court. Implement
this tax.
Gary Williams, 6330 Vista Drive, Ferndale, stated he worked in Whatcom County for
over 40 years in the area of mental health, substance abuse, and housing. The criminal
justice system has become the default for behavioral health issues. The jail provides
security, safety, and incarceration, not treatment. Decriminalize mental health. Those
people don't belong in the criminal justice system. He is in favor of the ordinance. It will
have long -term positive impacts to the criminal justice system.
Leigh Wirth, 1013 Sehome Avenue, Bellingham, stated she has struggled with
chemical dependency and is a professional in the mental health industry: There are no
resources to keep people stable, and they end up going to jail, which isn't a treatment
center. There is a need. She strongly supports the ordinance now. Don't wait to put it on
the ballot. This tax will save the taxpayers money.
Chris Phillips, St. Joseph Hospital Director of Community Affairs and Mission
Integration, stated he endorses community- based, integrated services the funds would
support. The hospital loses about $2 million dollars per year by providing behavioral health
services. He asks the County to contribute funding to ensure that hospital inpatient
programs operate with a community that supports stable housing, social support networks,
ongoing medication management, and ongoing case management. Adopt the ordinance.
David Moody, 1211 14th Street, Bellingham, stated adopt the ordinance. Most calls
for police are related to drugs and alcohol. Eighty -seven percent of the people in jails are
there due to drugs and /or alcohol in some way. Most domestic violence calls involve drugs
or alcohol. Emergency room use has increased dramatically, much of it due to substance
abuse issues. Set up safe houses. He described his background. This is very important.
Adopt this ordinance.
Bruce Deile, Bellingham, stated they should focus on housing before mental health
services. They need single occupancy housing for the homeless. That would prevent
chronic mental illness due to chronic homelessness. However, that's not a priority of this
plan. Housing is mentioned only in terms of halfway houses. He quoted Noam Chomsky
regarding the U.S. tax and transfer system in industrialized countries. Money isn't reaching
the poor people.
(Clerk's Note: End of tape one, side A.)
Defile continued to state he's been told by social workers that homelessness is a
political social issue, and he can't receive services.
Teresa Hertz, 2808 Church Street, Bellingham, stated her son has spent 286 days of
the last year in jail. She is in favor of the plan. He has a co- occurring disorder, is bi- polar,
and has a substance abuse problem. He needs comprehensive, coordinated help. When
she tried to navigate the system, she found lots of heart and desire from people to help, but
their hands are tied by lack of money. People don't get help, so they bounce between jail
and the streets.
Whatcom County Council, 7/22/2008, Page 3
1 Kaye McCartney, 3010 Ferry Avenue, Bellingham, stated adolescents have trouble
2 getting services. Not treating adolescents has an economic cost and human cost. Adopt
3 the ordinance.
4
5 Lee Gleghorn, Deming, stated chemical dependency treatment works. They need to
6 spend this money at the front end so they don't have those people in prison at the back
7 end. They will save money that way. She's had chronic depression since childhood, and
8 she's been lucky. Many people are like her who need help.
9
10 Dale Brandland, Washington State Senator, stated he thanks Dac Jamison and all the
11 people who worked to bring this issue forward. Advocacy is very difficult. They worked
12 very hard to come up with a plan that can be justified to the public.
13
14 Adopt the ordinance. He co- sponsored this bill in the Senate. There is no money in
15 the State to fund this type of thing. They will see cuts in the social services area, and the
16 mentally ill will suffer the consequences. Many people who are in jail have mental health or
17 substance abuse issues, and the cost to jail them is more than providing treatment. Help
18 get people out of the system. Treatment and behavioral health courts work. People who
19 have been classified as mentally ill are often bright, articulate people.
20
21 John Nieboer, 2624 Lockcarron Drive, Ferndale, stated he is in favor of the
22 ordinance. If this went to an advisory vote, people will vote against this because it is a tax.
23 They won't understand that the tax is less than a penny on the dollar, and it will save
24 taxpayers money in the long run. Revenue will come from others besides Whatcom County
25 residents, such as tourists. Since it is a sales tax, it is an equitable tax.
26
27 Jim Beckwith, Sudden Valley, stated he speaks as individual, but through his job, he
28 talks to each and every defendant sentenced in Superior Court. They are warehousing the
29 mentally ill because they don't have anything else to do with them. They are letting the
30 true felons go. Well over 1,000 defendants are not living up to the obligations of their
31 judgments, but they can't go after them because the jail is full of the mentally ill. There are
32 many costs on mental health issues, which should be applied to hardcore criminals.
33
34 Roy Homan, 1887 New Kerk Road, Ferndale, stated he's with Amy's Place, Old Town
35 Christian Ministries. He submitted information (on file). Youth are over - dosing and dying in
36 Whatcom County because there is no treatment for heroin use in Whatcom County. Drug
37 addiction and mental health go hand in hand. Adopt the ordinance. He's seen five new kids
38 just today at his center. If the Council adopts this ordinance, he can get those kids in
39 treatment.
40
41 Sergi O'Quiloga, 1422 Alabama Street, Bellingham, stated he is agrees with the
42 previous speaker. Adopt the ordinance. He also helps out at Amy's Place. They need help.
43 This tax increase will help. In the last three years, 2,733 have returned to Amy's Place for
44 help. They have helped 30 kids get off drugs and alcohol. With this tax increase, it may be
45 possible to help them more.
46
47 Charles Albertson, 3150 W. Maplewood Avenue, stated State and federal funding has
48 been reduced in the past years. Adopt the ordinance.
49
50 Davis Rev, homeless, stated he is a member of Amy's Place. Drop -in centers are
51 helpful. It is a place to get food, drug counseling, and support services. He heard that
52 Amy's Place may be closing due to lack of funding. He has been homeless since he was
Whatcom County Council, 7/22/2008, Page 4
eight years old. His parents both died from heroin overdose. He asked where he will go.
He's tried to get off the street, and likes the people at Amy's Place.
Dave Finet, Opportunity Counsel Executive Director, stated adopt the ordinance.
Also, the Council should adopt the tax increase without going before the voters. Substance
abuse is often due to chronic homelessness and going from the jail to the hospitals. One of
his clients would intentionally get arrested because it's the only way he could get his
medication. As people cycle through the system repeatedly, it takes away funding they
could use to work with other families. If they believe this is the right thing to do, then don't
spend $24,000 or more to put it to a vote, and risk that the right thing doesn't get done.
Lisa Lafferty, 1060 York Street, stated she is a consumer of and works in the mental
health field. She is also in recovery for substance abuse. One of the most frustrating things
is working with people who want help but can't find help. He works at the Rainbow Center.
In the last six months, there have been about ten deaths. This sales tax will save lives.
Now, there is no early intervention for mental health. People are seen in the emergency
room, when costs are at their highest. They desperately need drug court and mental health
court.
Hazel Haggen, National Alliance on Mental Illness Local Chapter Member, stated she
has a co- occurring adult son. She knows the struggles in getting services. Adopt the
ordinance so jails won't have to be used as treatment facilities for the mentally ill.
Dean Ramond, Old Town. Christian Ministries and Amy's Place Co- Director, stated he
agrees with the previous speakers. They service 500 kids.
Bruce Raper, 4120 Neptune Lane, Ferndale, stated he has a daughter named
Elizabeth. Many people noticed and commented on her bizarre behavior. She was
diagnosed as bi -polar during her third year at college. She had to receive treatment in
Skagit County. She's doing well now. Today's medications and treatments are
phenomenal. This can happen to anyone at any time. There is an awful stigma attached to
mental illness. They must speak for those who cannot speak for themselves. Adopt the
ordinance.
Lisa Guier, 1712 E. Sunset Drive, Bellingham, stated she has a 13 -year old son who
is mentally ill. He was first hospitalized at the age of six. Since that time, he's had 15
encounters with the Bellingham Police Department and 12 visits to the emergency room for
mental health treatment. She has struggled to get him treatment. Help is not in Whatcom
County. He spent two and a half years at Western State Mental Hospital. He cannot be in
Whatcom County because there is no help for him in Whatcom County. He is now in
Everett: Their family is suffering. She wants her son home and to not ever have any more
encounters with the police. Whatcom County needs this money for the people who are
suffering. Adopt the ordinance.
Amber Manley, 8460 Valley View Road, Custer, stated this is a fabulous idea.
Chemical dependency treatment saved her life. She gets to be an acceptable member of
society. They need treatment centers. People are trying to get clean and sober, but don't
know where to go. Being in treatment is about more than staying clean and sober. It gives
people a chance to learn who they are. Most people use because they don't know who they
are. Do the right thing. They know what that is.
Heidi Unick, 5529 W. 29th Crest, Ferndale, stated she thanks the Council for the
opportunity to talk about the youth drop -in center at Amy's Place.
Whatcom County Council, 7/22/2008, Page 5
1
2 (Clerk's Note: End of tape one, side B.)
3
4 Unick continued to state that the drop -in center has helped over 500 different kids
5 since December 2006. Most have co- occurring disorders. One of the recommendations for
6 this tax is a drop -in center for youth with co- occurring disorders. She hopes that will
7 happen. They have partnered with the Police Department and Sheriff's Office.
8
9 Ron Guier, 1721 E. Sunset Drive, Bellingham, stated he supports the ordinance.
10 Asked for help for his son. His son had his first police contact at five years old. His son
11 beat his wife with a wrench. The most recent contact was a month ago. It took six officers,
12 two handcuffs, and a tazer to get his now 13 -year old son in a police car. The group home
13 doesn't want him anymore. They are trying to get him back into the hospital, but it's a
14 short-term solution. They want him close to home and to support him.
15
16 Martha Gross, citizen, stated she speaks as a private citizen and not as a Whatcom
17 County Court Commissioner. She spends much of her time in juvenile and dependency
18 court, family court, and criminal court. She is in favor of the ordinance. She agrees with
19 Senator Brandland. They need family treatment court. For once, the legislator provided the
20 counties a way to fund their mandate. It's local control, which is appropriate. Schools have
21 a cost from these children.
22
23 Bruce Van Glubt, Whatcom County District and Adult Court Probation Administrator,
24 stated he is in favor of the ordinance. Mental illness is often determined through the
25 criminal justice system. It's difficult for probation officers to monitor mental health
26 compliance. There are few resources available to the indigent and low- income. He is also
27 speaking for Judge Grant, who is unable to attend and also supports the ordinance. Many
28 agencies dealing with these issues are chronically under - funded. The cost of not addressing
29 the issue is staggering.
30
31 Ray Baribeau, 4511 Glen Meadows Place, Bellingham, stated he is a fiscal
32 conservative who supports the ordinance without sending it to a vote. He volunteers in the
33 jail, and has a daughter who is bipolar. They were fortunate in that she is high- functioning
34 and is herself a mental health counselor. Also, a coworker and jail volunteer is a
35 schizophrenic who is on medication regularly, and who is very helpful to certain people in
36 . jail. He knows how well people who are medicated can do in the community. This tax is
37 very important to the community. Many people who pay the tax are visitors to the county.
38 It's a good deal. They are a republic, not a democracy. The elected officers are elected to
39 make decisions for the citizenry. This is one tax worth raising.
40
41 Jack Hardy, 3405 Laurelwood Avenue, Bellingham, stated an ounce of prevention is
42 worth a pound of cure. He supports the ordinance. This is a small investment that will save
43 money over time.
44
45 Kathie Hardy, 3405 Laurelwood Avenue, Bellingham, stated she is a nurse in the
46 emergency department at St. Joseph's Hospital. She is speaking as a citizen and not as a
47 hospital representative. This tax will save the community money in the long run. She has
48 treated a schizophrenic whose voices told him to kill himself. More intensive case
49 management may have helped: There is no place for the homeless mentally ill to go.
50 Adopt this tax. The emergency room staff see the need every day.
51
Whatcom County Council, 7/22/2008, Page 6
Betty Scott, 3205 Bonita Drive, Bellingham, stated she presents 1,060 signatures in
support of the ordinance (on file). It only took six days to collect those signatures. Give up
the stigma surrounding mental illness.
Teresa Meurs, 2515 Vining Street, Bellingham, stated she is in favor of the
ordinance. She is a volunteer who spends about 30 hours a week trying to help the
mentally ill, homeless, and others. There is no case management or other help. If the tax
helps just a couple of people, the Council is obligated to make it happen.
Thad Allen, 741 Sudden Valley, stated he works for the Washington State
Department of Corrections as a reentry specialist. The prison system was not designed as a
mental health treatment system, but it has become one. Most of the mentally ill people
who go to prison come out worse. This ordinance won't help the people in prison, but it can
help divert people from ending up there.
Kate Haskell, Bellingham, stated she is a psychologist and mental health specialist.
People with mental health can transform their lives when given the right tools. She is in
favor of the ordinance. The people who come to her for help are courageous. She's
grateful that the tax is raised and managed locally. Eight other counties have passed this
initiative and seen significant funding increases.
Jeremiah Williams, citizen, stated he has a chemical addiction and is in drug court.
It works. He is now in college.
Glenn Hoyt, Whatcom County Drug Court Case Manager, stated there is a lack of
available resources. The lack of available resources is frustrating. Give people a reason to
turn their lives around, be successful, and live lawfully. This ordinance will give people that
opportunity. Adopt the ordinance tonight. There is a clear and present need right now.
Debbie Hoyt, 301 Alger Cain Lake Road, Sedro - Woolley, stated she is a recovering
alcoholic for 15 years. She has a sister who is an alcohol addict and who went through drug
court and is now in recovery. Mental health and drug court programs can help people begin
to recovery. She is a Whatcom County employee speaking as a private citizen. Adopt the
ordinance tonight.
Darcy Davenport, 911 Newell Street, Bellingham, stated she has worked as a
Washington State Child Protective Services case worker for 15 years. She speaks as a
private citizen. They must solve the problems to help children go home. Eighty percent of
children removed from parents' homes are due to drug addiction. Family treatment court
and drug court work to get children home to their parents. A small fraction of people who
should go through family treatment court are able to do so, because there is no funding to
expand the program. Those families that don't go through family treatment court cost the
taxpayers three times the amount as a family treatment court participant. Adopt the
ordinance.
Diana Fewing, 2427 Williams Street, Bellingham, stated that as a taxpayer, she
wants the Council to decide tonight to tax her. She works as Whatcom County Hope and
Support for Mental Illness 14,000 Cranes Project Manager. They have much support
countywide. Adopt the ordinance.
Eileen Satushek, 693 E. Axton Road, Bellingham, stated the Council should adopt the
ordinance. It will save a great deal of money. She used to work for the
Bellingham /Whatcom County Authority's Shelter Plus Care Program for the homeless
Whatcom County Council, 7/22/2008, Page 7
mentally ill, some of whom had substance abuse problems. The program was a great
success. However, they weren't able to expend all the funds they received from the federal
government because there weren't enough case management dollars from partner mental
health agencies to find the people and give them the services they needed. If the services
had existed, they could have helped many more people. The tax revenue will help leverage
federal monies.
Ronald Helms, Whatcom County resident, stated he will be stunned if this doesn't
pass. Jails are repositories of community problems. The average time in jail is not very
long. All inmates eventually come home to the county. Many constituents in the county
who have substance abuse and mental health issues aren't very vocal on their own behalf.
They need spokespersons. They deserve equal respect and representation. Deal with the
issues that bring people to jail. Diffuse the problem before it gets to jail.
Russ Sapienza, Bellingham resident, stated he is a mental health advocate and
consumer. He read a letter from a consumer who is currently hospitalized. The community
needs transitional housing for mental health clients. Clients need help navigating Medicare,
Medicaid, and State Department of Social and Health (DSHS) services and with renewing
medication prescriptions. Create equal spending between the mental health and chemical
dependency systems with this tax increase. He supports the ordinance. Don't wait until
November to let the voters decide. They have no time to waste.
Ann Suloway, Bellingham YWCA Housing Director, stated most of the women the
YWCA serves have a mental illness, substance abuse addiction, or both. That is the reason
they are without housing and family support, are without their children, and have been
jailed. She is in favor of the ordinance. It is a small amount to pay for a huge need in the
community.
Susan Burke, 2628 Iron Street, Bellingham, stated she works for the Whatcom
County Health Department in its Women, Infant, and Children (WIC) Program and is a
member of the Mental Health Advisory Board and NAMI. She is speaking as a citizen, not a
representative of those agencies.
(Clerk's Note: End of tape two, side A.)
Burke stated her daughter committed suicide at age 20. The mental health system
failed her. She was hospitalized the first time at age 15 in a Kirkland hospital because there
aren't any beds in Whatcom County. No one was available to advise her on her care,
schooling, and recovery. Her care was fragmented. They received conflicting advice or no
information at all. There was no plan. She didn't receive the care needed to treat a serious
illness that affected every aspect of her life. Her family lived in crisis for the next five years.
Her County health insurance only provides for 21 days of inpatient mental health care every
two years. Her daughter didn't meet the criteria for public health care because there was
health insurance, because of her age, and because she was dealing with a mental health
issue. If her daughter had been diagnosed with cancer instead of mental health illness, a
team would have been ready and willing to help, she would have had unlimited coverage for
hospitalization, and they would have had the sympathy and support of others. The last ten
days of her life were spent in ICU at Harborview Hospital., Those last ten days of care cost
$100,000, and was paid for mostly by public money. Mental illness impacts many families.
It challenges them all to become better, more compassionate humans. Adopt the
ordinance.
Whatcom County Council, 7/22/2008, Page 8
1 Rachel Cox, 2217 D Street, Bellingham, stated she is a treatment provider for
2 substance abuse. She is a drug addict and alcoholic. She got sober at age 17 with the help
3 of her family. As a provider, she is sick and tired of having to tell parents there is no
4 funding. Adopt the ordinance.
5
6 Elizabeth Pernado, 3112 Alderwood Avenue, Bellingham, stated that as a taxpayer,
7 she would welcome the opportunity to pay this tax. Everyone in this county has a family
8 member, friend, or neighbor who has been touched by mental illness or substance abuse
9 problems. This tax will benefit all.
10
11 Dr. Henry Levine, 1112 - 11th Street, Bellingham, stated he has been practicing
12 psychiatry in the community for 29 years. He is also a board certified forensic psychiatrist.
13 Forensic psychiatrists are doctors who study behavioral problems, and try to help the justice
14. system understand those problems. He is a member of the American Academy of
15 Psychiatry and the Law, which has been talking about this issue for 20 years. This is a slam
16 dunk. This will pay for itself time and time again. He strongly supports this ordinance.
17
18 Christine Rowmont, Rainbow Center Volunteer, she and her brother are mentally ill.
19 The mentally ill go to jail and are treated rudely because of their mental illness. They need
20 programs to assist the mentally ill. Vote for the ordinance right now.
21
22 Todd Rawls, 2400 - 48th Street, Bellingham, stated he is in favor of the ordinance.
23 This can do much more than reduce criminal justice costs. It can expand services that are
24 needed in the community, so problems don't spiral out of control. Treatment programs
25 reduce social costs to taxpayers, business, schools, employers, medical providers, and
26 governments. People can successfully recover and lead productive lives, which leads to a
27 return on their investment. It is the fiscal, moral, and ethical right thing to do. Enact the
28 sales tax increase without delay.
29
30 Eileen Bryan, 838 W. Axton Road, Bellingham, stated she is a mother who has
31 depression. Her daughter has a neurobiological brain disorder. As a teen, her daughter
32 self- medicated. There was an adolescent treatment center in Bellingham for awhile, so her
33 daughter got treatment. She is in favor of the ordinance. About 28,000 people are affected
34 by mental illness. In addition, employers and coworkers of those with a mental illness are
35 affected. In total, Whatcom County has 70,000 people who are affected. During the last
36 general election, 102,458 were registered to vote. Of those, 55,000 people voted, so the
37 councilmembers are ahead. Think about the 25,000 registered school children who have no
38 voice. Speak up for them.
39
40 Joyce Pierson, 810 E. Douglas Street, Bellingham, stated Whatcom County has a lot
41 of people who care about this. She has been in the mental health field since about 1990 or
42 1991. She works as mental health coordinator in the jail. She supports the ordinance.
43 They must get families back together. The jail diversion program is a big help to people
44 who need to get services. What is happening is inevitable, so deal with it now.
45
46 Diane Foster, 926 Mason Street, Bellingham, stated she has been a psychiatric nurse
47 since 1976. They need a stronger case management system that focuses less on
48 bureaucracy and paperwork, and more on time for case managers to spend developing
49 relationships with clients and probation officers. The case managers must have skills to do
50 home visit assessments, to better -track a client's well- being. Have a roving team of expert
51 case managers to intervene as first - responders on the street. Mental patients need
52 adequate housing and jobs. Now, they are discharged to homeless shelters and end up
53 back in the emergency room within days. Housing that does exist has waiting lists. She is
Whatcom County Council, 7/22/2008, Page 9
1 in favor of the ordinance. There is a subset of patients who are severely disabled by post -
2 traumatic stress disorder (PTSD). These sufferers spend countless hours in the emergency
3 room inpatient psychiatric units at a high cost and for a long time. When discharged, they
4 should have a residence for those with the most serious personality disorders, with 24/7
5 skilled counselors to reduce panic and anxiety before it gets out of control.
6
7 Dan McShane, 1451 Grant Street, Bellingham, stated that if they don't pay for these
8 services now, they will pay much more later. Given the County's economic situation, it will
9 be hard to pay those back -end costs. People have said that times are hard economically.
10 Imagine the economic hardship for those with a mentally ill child. It's time to do the right
11 thing. He is in favor of the ordinance.
12
13 Priscilla Hone, 3001 W. Maplewood Avenue, Bellingham, stated she is a licensed
14 mental health counselor and chemical dependency professional. She is very active in the
15 12 -step recovery community. Her life has been free of drugs and alcohol since 1978, due to
16 the 12 -step community. Make recovery available to people who don't have resources to pay
17 themselves. Treatment and counseling are important to recovery. Those who recover
18 become productive members of society. Approve the tax.
19
20 Claudia Hollod, 8240 Birch Bay Drive, stated she agrees with what everybody has
21 said tonight. She is an educator of every grade. The public school systems have seen a
22 rise in distressed and mentally ill children and families. There is an extreme lack of timely
23 intervention. Her daughter is doing an internship at a State juvenile detention facility, and
24 83 percent of the juveniles in that facility have co- occurring disorders. A public vote is not
25 cost - effective. They must make hard decisions, even in tough economic times. No one
26 tonight has spoken against this tax. Approving the tax is a good economic decision. It will
27 save taxpayer money. Be a voice for those who have no voice, and protect those who are
28 floundering. She thanked everyone who spoke tonight.
29
30 Harriet Spanel, Senator, stated everything she wanted to say has been said. The
31 councilmembers were elected to represent the people. Making the hard decision of paying
32 for something becomes easy when it's the right thing to do. This is the right thing to do.
33
34 Carrie ]ones, 4785 Meadow Lane, Bellingham, stated she is a treatment provider and
35 teacher. She's lost five people this year due to substance abuse. Eight to ninety percent of
36 all crimes in the United States are committed by persons under the influence of alcohol or
37 drugs. She is a recovery alcoholic. Her brother was killed by a drunk driver, who only got
38 six months in prison. Los Angeles County has a program called Scared Straight. Adopt the
39 ordinance.
40
41 Bruce Craig, 2218 1/2 Yeager Street, Bellingham, stated he thanks everyone who
42 came tonight. It's good to know he's not alone. He had his first mental breakdown at the
43 age of six. He suffers from mixed state manic /depression. Thirty years ago, it developed
44 into manic /depressive psychosis, and he heard voices urging him to kill himself. Brain
45 chemistry is a lot like the drugs. It makes one hear and see things. He recently visited
46 Norway, whose residents pay 43 percent of their income to taxes. They pay the equivalent
47 of $9 for a gallon of gasoline. However, their society has much. This tax is minimal. Adopt
48 the ordinance.
49
50 Rodney Lund, Whatcom County resident, stated he is a mental health advocate. He
51 has family members with schizophrenia. People in the county support mental health
52 treatment. There are compelling personal, professional, and fiscal reasons for this tax. If
Whatcom County Council, 7/22/2008, Page 10
the Council were to adopt the ordinance unanimously, it would send a clear message to the
voters. That would be easier to the public who have doubts. Adopt the ordinance.
Dr. Gregory Hipscomb, 4021 York Street, Bellingham, stated he thanks all the
treatment providers who attended tonight. He's worked with many of them. They are
exceptional. His background is in family medicine, neurology, and neurophysiology.
(Clerk's Note: End of tape two, side 8.)
Hipscomb continued to state that all disorders discussed tonight are diseases of the
brain. They really need to stop using the jail for mental health hospitals. Work on the
stigma of this condition. Corrections personnel don't get it. They treat these people as
criminals, not medical patients. Adopt the ordinance.
Chuck Benjamin, North Sound Mental Health Administration Executive Director,
stated the legislature cut the State funding. They were able to get back only about 60
percent. They have to spend $2 million of State money to serve the Medicaid people. Now,
people have to be more acutely ill before they can be treated, according to the Access to
Care standards. People should be treated earlier. That's why they need this tax.
Speaking as a citizen, he knows what it's like to have mental illness. He never
qualified for public services. He knows what it's like to not have services, be depressed,
and try to commit suicide. The need is there. People need services. Approve the tax.
David Jefferson, 3827 Idaho Street, described his background in social services for
the past 20 years. Funds are drying up everywhere. Services are chronically under - funded.
People need substance abuse and mental health services, but aren't given access to enough
of the services they need. They have criminalized medical disorders for 20 years. They
have reached a peak. Adopting the ordinance signals a shift in community policy.
Wendy Jones, citizen, stated she is in favor of the ordinance. They are going into an
economic downturn. Folks who live on the margins of society are hit soonest, worst, and
suffer the longest - lasting effects. The County doesn't have the money to pay for the
necessary services. The State doesn't have money either. This is a small amount of money
for individuals in the community. Someone will always be opposed. This is the right
decision to make at the right time.
Christina Saunders, 2804 Xenia Street, Bellingham, stated her brother suffers from
mental illness, and has taken seven years to get services. This County needs someone to
give people a voice. This will give people a voice. It's the right thing to do. Support the
ordinance.
Richard Maneval, 2127 W. Birch Street, Bellingham, described his background. This
decision is easy. It needs to be done now. The Law and Justice Council's updated plan
includes many priorities, and this issue is one of them. Many people in jail have issues.
They don't have the right kind of facility to deal with it.
Kimberly Arzabal, 1437 St. Paul Street, Bellingham, stated this tax is a necessary
safety measure. She worries for her teenager dollars. She is willing to spend tax dollars for
this use. She is favor or the ordinance.
Hearing no one else, Weimer closed the public hearing.
Whatcom County Council, 7/22/2008, Page 11
1 Caskey- Schreiber stated two things have happened to her that were serious. She
2 was not able to have children, and she had cancer. Those hardships led her to be a
3 community leader. She wants to make a difference in people's lives. She thanked
4 everyone for coming tonight, including the treatment providers and advocates.
5
6 In the past nine years, law and justice costs have increased 46 percent in Whatcom
7 County. Sixty percent of the County budget goes to law and justice. Twenty percent of jail
8 inmates have a serious mental illness. Most have a behavioral health disorder.
9 Incarceration doesn't deter their actions.
10
11 In 2005, there were 8,000 visits to the emergency room by people with behavioral
12 health disorders. Three thousand county citizens depend on services for mental health
13 treatment. Seventy -five to 80 percent of kids who don't receive treatment end up
14 hospitalized or incarcerated. More than half the students with a mental disorder will drop
15 out of high school. In Whatcom County, there has been a 430 percent increase in the use
16 of methamphetamines by youth. The state rate is 47 percent. Only six percent of people
17 addicted to this drug will ever recover. DSHS says that 76 percent of the 4,300 low- income
18 households in the county need subsidized substance abuse treatment, and aren't getting it.
19 Whatcom County's suicide rate exceeds that of Washington State.
20
21 Whatcom County has the highest need and the fewest number of services available.
22 Even the most needy, those incapacitated from employment, and who are seeking
23 treatment can't get services. Homelessness is twice as likely among jail inmates with
24 mental illness. "
25
26 The community plan has come up with four goals for how this revenue should be
27 spent. The Hargrove Amendment Money is specific about how they can spend this money.
28 There are tight parameters for how they should spend this money.
29
30 For every dollar spent on drug court, taxpayers save $10. They have a juvenile drug
31 court with no case management. The only way it works is to get the people in an intensive,
32 year -long program to teach them how to function in society. If they don't do systemic
33 change by working with juveniles, their society is destined to fail.
34
35 None of this can be accomplished without a secure revenue stream. This tax will
36 bring in $2.5 million to $3.6 million per year. They can use the money for their needs and
37 also to leverage other funds.
38
39 No citizen in this county can walk down Railroad Avenue and recognize that they
40 have a serious problem. By ignoring the problem, they risk the lives of those youth. They
41 are facing an expenditure of over $60 million for a new jail. The only prayer they have for
42 reducing this need is to do preventative work.
43
44 Eight counties have adopted this tax. They are very diverse counties. One in 17
45 residents in Whatcom County experiences debilitating mental health disorders. One in five
46 families are affected.
47
48 The Council is the County's Board of Health. If they aren't willing to take action to
49 address the health needs of the community, no one will. Vote for the ordinance. Show that
50 they care about everyone in the community. Choosing to ignore or postpone support for
51 this issue puts lives at risk. Show courage and humanity now to address the service needs
52 of those less fortunate in the county. They must all do better. Get revenue in the county to
53 address the service gaps.
Whatcom County Council, 7/2212008, Page 12
1
2 The ordinance includes a great advocacy group. She asked Executive Kremen to not
3 veto this ordinance.
4
5 Nelson stated there is a definite need in the County. He's served in the mental
6 health arena. As a pharmacist, he's dealt with patients with the same problems as those
7 articulated tonight. He's also taken people to get services. He has close personal friends
8 who have suffered with mental illness and substance abuse. One of the issues with mental
9 health has to do with stigma. Stigma is created when society fails to learn from each other
10 and communicate. It is associated with bigotry and biases. Many times people prefer to
11 ignore mental health issues.
12
13 He is in favor of the tax without going to the voters, because the people have
14 testified so loudly tonight. However, he needs to be able to tell the voters the reason this is
15 needed. He fought for the jail tax twice, but they may not have enough money to build that
16 jail.
17
18 The County supported a mental health millage many years ago. They still need more
19 money. The councilmembers have to justify this to the voters. He commits to support the
20 tax. However, they need to share ideas for specific programs. He is concerned about
21 intensive case management. They are obligated to protect the community. They must be
22 able to explain to the community how they are going to do that, while recognizing
23 independence and desire for health from those with a mental health condition. That's not
24 fully explained to him. He wants to be able to tell his constituents exactly how that will
25 decrease the number of people in the jail without impeding the freedom of the consumer.
26
27 He also wants to hear about fiscal impacts to the community. Rising health care
28 costs are above and beyond any small raise that people get. People have to pay increased
29 prices for gas and other services. He wants to make sure people understand how this will
30 help them in the community. He would like to see impacts to business.
31
32 There are concerns from small town mayors. They must let those mayors know how
33 this will help them in their communities. Make sure the public is aware that people are
34 getting proper treatment. Finally, have three hearings in August and September for the
35 public, the consumers, and the advocates, to get questions answered. He will feel better
36 about supporting this ordinance. Get everyone involved, not just consumers and advocates.
37
38 Caskey- Schreiber moved to adopt the ordinance.
39
40 Brenner stated she is not sure she's going to support the tax. She is a mental health
41 advocate and consumer. Mental health is right up there with public health and safety. It's
42 not any different. She would rather use the existing budget than add a tax. There are
43 many nice programs that aren't necessities. During hard times, don't have unnecessary
44 programs while they raise a tax for a necessity. No one questioned whether there are
45 things to cut in the County budget before they ask anyone to pay more money. She's not
46 sure if they will ever solve mental health problems even if they spent 100 percent of the
47 County budget plus this tax on the issue. They are enormous problems. Dealing with it is a
48 necessity.
49
50 While on the Mental Health Advisory Board, she was cut off by a board member and
51 State Senator while trying to talk. She's feeling disenfranchised from the people who she
52 cares the most about. She still cares, even if they don't do this. It's very hard for her to
53 not support this. They must go through the budget first.
Whatcom County Council, 7/2212008, Page 13
Because there was so much support for this issue tonight, no one would have stood
up against it. The people who they think are not smart enough to understand the issue are
the people from whom they have to get more money from at some point. There must be
more respect both ways. She knows firsthand that there is a stigma from government.
Every time they create a subset, they create another administration, which takes away
people from frontline services. She's frustrated that no one told these people that they may
not have to raise a tax to fund these services. They must get everyone on board to deal
with this entire problem. She's confident that the public will support this issue if they are
informed. A no vote doesn't mean they don't care. There can be something they can all do
to make it work. If they can't find the money in the budget, she will support the tax. She's
sorry that she is disappointing people, but she can't vote for this.
Fleetwood stated he's been on the Council for seven years. Every person who runs
for election, someone claims that they just need to cut more from the budget. The mantra
for decades has been that they don't raise taxes, they just cut spending. They've done that
already. They have a lean public service provider in Whatcom County. The budget has
been cut and refined. Everything in the system needs to be there. Now, during difficult
economic times, any cuts will be very difficult. They won't be able to come up with $2
million or $3 million in the existing budget.
It's staggering that every person who spoke is in favor of the tax. There was a
front -page article in the newspaper. The community knows about this. He thought the
testimony would be about half and half. It's overwhelmingly obvious that the people of
Whatcom County would not be opposed to the Council voting for a modest tax increase.
(Clerk's Note: End of tape three, side A.)
Fleetwood continued to state that they've identified a local need and established
programs to address the need. The only thing they need is money. He will support the
ordinance.
Weimer stated he is in favor of the ordinance. No one is arguing with the statistics
and numbers. The Council has heard few negative comments. He was elected by a
majority of the people to make decisions. When elected, he was clear that he would provide
County support to the people least able to provide that support for themselves. This fits
that category. When campaigning, he said he would move plans forward instead of letting
them sit on shelves. He honors the citizen efforts. After a front page story in the
newspaper, the Council didn't hear anyone tonight speak against this. He listed the people
who are in favor of the ordinance. There has been a lot of process. Taking it to a vote
would cost citizens their time and effort. When elected, he said he would use money as
conservatively as possible. The investment of this small amount of money should save
money in the long -run. If this economy is in a downturn, these services will be more in
need than ever. The idea of cutting budgets to pay for this doesn't add up. The Health
Department is being asked to cut $150,000 from its budget. There is no money for these
services in the existing budget.
Caskey- Schreiber stated the County is beginning its next budget cycle. It would be
useful to know if they will have revenue to support and expand working programs.
Whatcom County is not meeting its service needs for these populations. This is a college
town on the border, with excessive problems. It's an investment in the community to keep
it healthy and a desirable place to live. The cost will more than pay for itself. It's appalling
that the Bellingham Herald is the only newspaper in the Northwest that is against this tax.
Whatcom County Council, 7/22/2008, Page 14
She wants to be one of the counties that has taken action on behalf of those without a
voice.
Brenner stated the cost to put this on the regular election ballot would cost about
$3,000, according to the Auditor. These services are basic services, and should be in the
basic budget. Go find extra money for Parks.
Weimer stated the services are basic, but they are not funded at this time. He would
cut money from the budget if they could find it, but they won't be able to find it.
Motion carried 4 -3 with Nelson, Brenner, and Kelly opposed,
Pete Kremen, County Executive, stated this has been a serious discussion of a
serious issue. It's very late, and he has a very early morning meeting. The collective
presentation tonight was compelling. Obviously this revenue is necessary. The question
now is who should pay for this service. Counties are set up to provide certain services. He
deeply respects Senator Brandland and Senator Spanel, who have served the community
well. The intent of this tax is admirable. The State legislature funded these programs for
decades. When times got tough, withdrew funding and punted the services to the counties.
That's why they are having problems today. The question is whether this local community
has the financial wherewithal to deal with that issue, given everything else that is mandated
and confronting Whatcom County, including water issues and the new jail. Unfortunately,
the community isn't set up to provide these kinds of services. He would like to. He
advocates for those afflicted with mental illness. This is difficult for him. He asked if they
are going to raise taxes to raise $11 million to fund the water issues and raise taxes again
for mental illness, and then build a $130 million jail. It will cost $25 million a year to run
the new jail. There isn't that much money in the community.
Caskey- Schreiber stated the Council hasn't yet decided on those issues. Kremen
stated he believes a majority of the Council agrees that addressing water will cost $5 million
to $11 million in additional revenue every year. He thought that was the Council's top
priority.
Caskey- Schreiber stated she's never publicly supported doing that right now. She is
more concerned about meeting the immediate needs of the community.
Kremen stated he doesn't know whether he will veto the ordinance. He will have to
sleep on the decision. He won't make a snap decision tonight. He commended
Councilmember Crawford for voting his conscious, even though his constituents will be
furious.
His decision is what the County can afford. This community put a high value on
water quality and quality of life. This County has many pressing, important issues, including
this one. They won't have human life without quality water. They don't have human life
without enough water. They won't have quality of life without a good criminal justice
system. It's not a black and white issue. It will cost tens of millions of dollars to deal with
Nooksack River, Lake Whatcom, and Drayton Harbor. The only way to get that money is
through a vote of the people. He questions what approval of this tax will do for the chances
of getting a voter - approved measure for water issues, criminal justice, or emergency
services, which they'll have to get.
Whatcorn County Council, 7/22/2008, Page 15
He has supported the mental health community for decades. His decision is not
easy. He appreciates all the comments tonight. He will make a decision by the end of the
week.
Weimer stated he hopes Executive Kremen will talk with the Water Resources staff.
It won't cost the amount quoted to address water issues. The County can meet its federal
and State requirements without hardly raising taxes at all.
Caskey- Schreiber stated she appreciates Executive Kremen's consideration of the
matter. She asked him to look deep; it's very important. It will better the community, and
may shrink that monstrous jail budget.
(Clerk's Note: The Council took a break from 11:24 p.m. to 11:31 p.m.)
2. 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)
Weimer opened the public hearing, and the following people spoke:
Alan Friedlob, 6936 Holeman Avenue, stated the fee structure is fair for six reasons:
1. All property owners in the watershed should pay something. There is no such
thing as a developed property that contributes zero stormwater runoff.
2. Those residential property owners closest to the bay are assessed more than
households in the watershed further from waterfront. The closer property
owners will derive a greater benefit.
3. The fee is driven by a property owner's contribution to watershed runoff and
impervious surfaces.
4. Fees can be adjusted downward through fee credits for onsite improvements
to reduce stormwater runoff. The criteria for adjusting fee are detailed, well -
specified, and administratively feasible.
5. Fees can be waived for lower income households on fixed incomes.
6. The fee amounts are tied directly to implementing a comprehensive
stormwater plan with clear goals, objectives, and actions. There is 100
percent transparency of how these fees will be spent.
Residential and non - residential property owners should be charged in the first year.
Whatever that fee is, make it in effect for the next five years, corresponding to the interval
to implement the stormwater plan. It will not increase. Give citizens predictability.
Matt Dalton, 6034 N. Star Road, Ferndale, stated he supports the funding
mechanism. He is a licensed hydro - geologist and geologist in the State. Birch Bay is
developing. If they want to protect Puget Sound, this is an opportunity to take early action.
It will be harder to do as development grows. Focus on specific problems in the Birch Bay
area.
Keats Garman, 8710 Oertal Drive, Blaine, stated the funding structure is fair. Large -
scale developers are not held responsible for impact fees, which they will address in the
future. Adopt the resolution. If they don't, the Birch Bay Watershed Aquatic and Resources
Whatcom County Council, 7/22/2008, Page 16
Management (BBWARM) plan won't ever be implemented. Water quality will continue to
decline. Costs to implement later will be greater. There has been a lot of public information
and involvement. Approve the resolutions.
Don Montfort, Birch Bay Water and Aquatic Resources Management District Advisory
Committee Chair, submitted information (on file) for this item and the next item. The
committee has met once to discuss these resolutions. The resolutions were presented. as a
last step, and may be abandoned for different options. He disagrees with the need for the
amount of the tax. The mechanism is flawed. There is no scientifically valid basis for
considering Birch Bay polluted. The Department of Health . no longer considers it
threatened. The projects are flood control projects and fish enhancement. That is not
stormwater management. Look at this plan more closely. Do not approve the resolutions.
Bob Wiesen, 3314 Douglas Road, stated he has concerns about the size of the area.
If this is about stormwater treatment, the entire basin doesn't need to be included.
Impervious surface less than ten percent of the total area isn't necessarily a problem.
There is no infrastructure capable of collecting a monthly fee. Don't include people around
Ferndale. They don't contribute to the problem the way denser development does.
Charlie Jenkins, 4751 Birch Bay Lynden Road, stated he agrees with cleaning up
water that goes into the bay, but citizens who live in Birch Bay are not the only
contributors. Visitors to the bay add to a large part of the problem, too. Also, include an
exemption or discount for people who do things that clean their water. They need to clean
up the water before it goes into the bay. Give consideration to those people who do things.
Hearing no one else, Weimer closed the public hearing.
Fleetwood moved to approve the resolution.
Brenner stated some of those community -wide things are what that fee is for. They
are talking about a fee for service. If people do things on their own properties that
eliminate stormwater runoff, they can't charge those people. Don't charge those people.
They will never solve the problem if there isn't individual lot buyout on this. Give people
options to fix their problems, and not just with the token 27 percent thing. If the runoff is
the same as it was pre - development, people should not be charge. She moved to amend
to include a clause to give individual residential properties a reduction or exemption if the
property owners reduce or eliminate stormwater runoff to pre - development levels. The
Cooperative Extension can do a lot of that monitoring.
(Clerk's Note: End of tape three, side B.)
Brenner continued to state that the fee reduction or exemption should be
commiserate with the stormwater reduction, which should fall between 25 to 100 percent.
Fleetwood asked for a staff response to the motion to amend.
John Hutchings, Public Works Department, stated they have to consider the balance
between the cost of providing the service in the long -haul, including the stability of the
revenues associated with providing that service, and giving people incentives for work they
do on their own property. If everyone who contributes to stormwater runoff in the
watershed is allowed to not pay into the utility, the question becomes whether or not they
resolve all the stormwater issues in the watershed. If the answer to the question is no,
then they won't have revenues to accomplish what still needs to be accomplished.
Whatcom County Council, 7/22/2008, Page 17
1
2 Friedlob stated the enabling ordinance doesn't include language about creating
3 incentives. They have language about a rate credit. They could include language in the
4 rate structure that directs the Advisory Committee to study and make recommendations to
5 the Board about incentive programs, so the money collected comes back to the citizens for
6 the actions they take. There could be a small grant or discounted rain barrels. The money
7 collected would come back to the community in the form of incentives for individual
8 property owners.
9
10 Brenner stated that is helpful. She takes it a step further. Mr. Hutchings is right,
11 but he's talking about a tax system, not a fee system. A tax system is to solve all the
12 problems and spread things out for the public good. A fee system is a fee for direct service.
13
14 A long -range planner and economist made it clear that they get more benefit for the
15 money by allowing incentives instead of forcing unfair things. Twenty -seven percent
16 reduction doesn't provide an incentive. Allow a reduction based on the reduced impact. A
17 lot of the stuff is public infrastructure that they should pay for through the flood fee and
18 road fund. That shouldn't be a burden on individual people who own property in the Birch
19 Bay watershed.
20
21 Brenner amended and restated her motion; people who do significant low
22 impact development techniques on their property, which show obvious reduction or
23 elimination of stormwater runoff to pre - development levels will have a reduction in their fee
24 commiserate with that reduction. The Cooperative Extension will measure individual lot
25 owners. Staff can come up with better wording. The revenue received from the district can
26 fund the Cooperative Extension. They have to monitor to 27 percent anyway.
27
28 Weimer stated he is against the motion. He agrees with Councilmember Brenner,
29 but it doesn't seem fiscally sound. The County will spend $75 by sending out the
30 Cooperative Extension to save someone $25 per year. It's a good idea, but the fees aren't
31 high enough to make it work.
32
33 Fleetwood asked how the existing rate credit language in the ordinance addresses
34 Councilmember Brenner's concerns. Hutchings stated the ordinance allows a rate credit of
35 ten percent if there are rain barrels or other rain collection. The State requires that credit.
36 There is also a 27 percent reduction of the density portion of the fee, which can be credited.
37 They must develop the program to effectively do the kinds of things Councilmember
38 Brenner would like.
39
40 He's very concerned about putting the burden of administering a variable program
41 that is intended to have a portion of that revenue source be stable over time on the Public
42 Works Department. It is variable because folks can opt out at will. It will take some doing
43 for staff to administer this properly. Don't set it up to fail. Be cautious.
44
45 Crawford stated he is against the motion. He understands Councilmember's intent.
46 She would like some organization to develop a prescriptive means by which someone could
47 say what people should do, which is easier to verify than a scientific measurement. That
48 doesn't get to the heart of the problem. If a property owner reduces 90 percent, and the
49 County provides a 90 percent credit, that other ten percent could be bad stuff.
50
51 There are large industrial users that can precisely quantify their runoff. They are
52 regulated under the State Department of Ecology. He asked if they can identify the
Whatcom County Council, 7/22/2008, Page 18
pollutants coming off a property. It would be impossible to look at and evaluate thousands
of properties in that regard.
Nelson stated he is against the motion. It is laudable. He hopes Councilmember
Brenner will look into Mr. Freidlob's recommendation. He referenced Issue Paper 2 of the
stormwater rate credits. He asked if that document will follow the issue papers.. All people
in the area receive a benefit of training and education programs. A ratepayer will never pay
zero. Everyone receives a benefit to the community one way or another. Allow a viable
rate credit structure program. Allow the committee to examine this and develop an
exemption that achieves goals.
Brenner stated the State Department of Ecology said incentives, not a community -
wide program, were best to achieve stormwater reduction. Not many people would take
advantage of this initially, but it's necessary. She referenced Council packet page 235.
Section 7.B.1 says there won't be an adjustment for an error unless the error is at least ten
percent. Most people won't do incentives for what is offered.
Nelson stated he would be in favor of the BBWARM Advisory Committee to evaluate a
rate structure based upon mitigating the effects above and beyond the minimum
requirements on properties for stormwater runoff protection. The committee can come up
with a program that fits the district and keeps the program viable.
Caskey- Schreiber moved to call the question.
Motion to call the question carried 6 -1 with Brenner opposed.
Motion to amend failed 1 -6 with Brenner in favor.
Crawford asked the different between this ordinance and the resolution
establishing fees to fund the Birch Bay Watershed and Aquatic Management
District Services and Programs (AB2008- 260A).
Kraig Olason, Public Works Department, stated the first resolution establishes the
authority for the funding mechanism. The second resolution sets the monthly rates.
Crawford stated he generally supports having a rate structure, but has concerns
about the specific rates.
Brenner moved to amend Council packet page 238, section 10.A to eliminate the
last two sentences. Don't talk about enforcing and foreclosing for non - payment.
Crawford stated he is against the motion to amend because it will become
inconsistent with every other tax the County collects. The Assessor and Treasurer will have
a problem with a separate rule for a particular portion of the property tax.
Brenner stated it's a fee, not a tax.
Crawford stated it's collected through the property tax process. The Treasurer
doesn't have a separate mechanism for collection.
Motion to amend failed 1 -6 with Brenner in favor.
Motion to approve the resolution carried 6 -1 with Brenner opposed.
Whatcom County Council, 7/22/2008, Page 19
3. RESOLUTION ESTABLISHING FEES TO FUND THE BIRCH BAY WATERSHED
AND AQUATIC MANAGEMENT DISTRICT SERVICES AND PROGRAMS
(AS2008 -260A) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT
BOARD OF SUPERVISORS)
Weimer opened the public hearing, and the following people spoke:
Elizabeth Daly, BP Cherry Point Refinery, submitted and read from her letter (on
file). Modify the rate. structure to calculate density payments based on an average of
impervious surface across a property owner's total contiguous ownership. Such a change
would result in a methodology that is science - based, recognizing both the impacts
associated with developed impervious surfaces and the benefit of retaining ecological
functions on the landscape. Additionally, the proposed modification would provide
incentives for leaving properties in an undeveloped state and provide recognition of the
ecological benefits associated with retaining open space.
Alan Friedlob, 6934 Holeman Avenue, Blaine, stated this ordinance speaks to just
setting up the rate payment table. Payments were calculated based on costing out the
approved stormwater plan. Make it clear to the citizens that the rate table is not going to
go up. It may decrease. They have already raised grants from the State Department of
Ecology. They will use the fee revenue to generate more grants, which may decrease the
rates. They are fixed by the transparency of the Birch Bay Plan.
Regarding BP, it will be assessed $170,000 per annum, according to the newspaper.
However, BP pays about $40 million in taxes per year. The percentage of the fee is .00425
percent of the total tax BP pays. BP wanted to negotiate to pay $50,000.
Crawford stated BP doesn't pay $40 million. Friedlob stated the company does,
according to its corporate communication.
Crawford stated the County collects about $23 million in property taxes per year for
the whole county. Friedlob stated the $40 million probably includes State and federal taxes.
In a 2006 corporate report, BP says that certain areas at Cherry Point don't go to the sewer,
and rainwater runoff could potentially carry dirt and other contaminants into the water
ways, which could impair wildlife. The rate structure and fee are fair. The rates won't go
up, and may go down.
Daly stated she is the person who wrote that corporate report. The BP refinery has
3,000 acres and seven outfalls. One of the outfalls is for the wastewater treatment plant,
which drains all production areas, including the roads. Areas are permitted under the
industrial stormwater permit, and there are six outfalls. Those areas do not flow to the
wastewater treatment plant, but they are regulated to 25 NTU, which is as clear as a water
bottle. They do tests and inspections, and are in full compliance with their permits. They
are regulated outfalls that are considered industrial stormwater as permitted by the State
Department of Ecology. The report says what it does because there is potential. That's why
they monitor and treat the water. That is in their verified environmental statement. It's an
item they have identified and manage.
Caskey- Schreiber asked about air deposition of pollutants. Daly stated the air is
regulated by the Northwest Air Pollution Authority. The air contaminants are regulated and
included the permits, which is incorporated into their Title 5.
Whatcom County Council, 7/22/2008, Page 20
Caskey- Schreiber asked if there would be any negative effect from that. Daly stated
that they have pollutant levels that are better than others. They do a great job of
controlling it and are always working to improve it.
Brenner asked if Ms. Daly believes BP is not contributing in any way. Daly stated she
believes BP is not contributing to Birch Bay's stormwater management problem. Birch Bay
does have stormwater issues, but the stormwater flowing off BP's site meets the standards,
and they demonstrate that. Most of the outfalls enter into Terrell Creek. One outfall, along
Jackson Road, drains an area with no industrial activity.
Don Montfort, 8323 Harborview Road, stated the rates are too high. It has a 50
percent contingency. It has $750,000 of unnamed projects in the future. It has $460,000
dedicated to a Grandview Road project that is already abandoned. Over $1 million is being
collected that has no dedicated use.
The rate also has a high -tech, construction- engineered approach instead of education
and onsite solutions to stormwater, which are preferred. Consider a lower rate and a pilot
project that begins onsite with education. Reduce stormwater to where it begins as much
as possible, and then move to capital projects.
Dennis Jones, 1487 Sudden Valley, stated there are questions about the rate
schedule. Keep it simple. Collecting fees costs more than levies and taxes. He supports
the fee structure.
Keats Garman, 8710 Oertel Drive, Blaine, stated the fees are established to fund the
plan, which includes estimated costs for a number of capital improvement projects
prioritized on clear criteria. Don't start with a pilot project based on education. Education is
an important component, and is included.
Doralee Booth, 8188 Birch Bay Drive, stated air pollution from BP falls to the ground
and is washed into the bay by the rain. Something has to be collected to be sensible.
Hearing no one else, Weimer closed the public hearing.
(Clerk's Note: End of tape four, side A.)
Weimer moved to approve the resolution.
Brenner stated she would support this resolution. She doesn't know if the fees are
right or wrong. She'll take a leap of faith.
Weimer stated he would support the resolution. He understands what Ms. Daly said,
and there seems to be a disconnect. At this point, get this in place and get this moving.
There is a six year budget plan. He would like for the advisory committee to look at this
contiguous property issue and make a recommendation as soon as possible.
Crawford stated he will vote against the resolution for the reasons stated by Ms.
Daly. The equity of how the fees are structured needs to be addressed. The public would
accept it more if they started smaller. They almost have it right. Perfect it first.
Nelson stated several rate structures were set up for BP. He would like to better -
understand the contiguous issue. He understands that BP was parcelized, and it is not
included in terms of impervious surface. Olason stated the purpose of the density definition
Whatcom County Council, 7/22/2008, Page 21
in the first resolution was to define a distinction between higher density and lower density.
The entire program is developed around parcel -based impervious surface amounts. The
density factor is based on a parcel, which works almost everywhere. The problem is with a
larger, multi - parcel property like BP. The formula works against BP. The question is why
they can't count the adjacent property. They tried to keep it simple and consistent. In BP's
case, the question is whether they can consolidate their parcels. That would result in a
lower rate. There could be some language about contiguous parcels.
All the rate resolution addresses is the 4,000 square feet and the low, medium, and
high fees. Changing anything other than dollars has to be done in the previous resolution.
Nelson moved to direct the BBWARM Advisory Board review the rate for BP. He
wants to see the impact of the rates based upon contiguous lots for BP. The Advisory
Committee has a certain amount of money that it needs to collect. If they offset BP's fees,
the citizens' rates will have to be increased. Flake sure it's fair and equitable. Lot
consolidation doesn't address stormwater.
Fleetwood asked if the Advisory Committee already considered this issue. Olason
stated the committee held firm to the idea that it is one parcel and impervious. The impact
to BP would be to drop down to a lower density factor. They just look at total acreage and
impervious surface. If they have to change it, they have to change it everywhere and apply
it the same. It would be a geographic information system (GIS) exercise.
Brenner asked if BP talked about lot consolidation. Olason stated he didn't think BP
wanted to do lot consolidation.
Motion carried 4 -2 -1 with Kelly abstaining and Crawford and Caskey-
Schreiber opposed..
Crawford stated he won't support the resolution. Resolve these issues first.
Motion to approve to resolution carried 6 -1 with Crawford opposed.
4. 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)
Weimer opened the public hearing, and hearing no one, closed the public hearing.
Caskey- Schreiber moved to approve the resolution.
Motion carried unanimously.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one, two, and four through six. The administration
withdrew item three from the agenda.
Motion carried unanimously.
Whatcom County Council, 7/22/2008, Page 22
1. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A THREE -YEAR
AGREEMENT FOR CONSULTING SERVICES FOR THE SELF - INSURED MEDICAL
PROGRAM BETWEEN WHATCOM COUNTY AND KIBBLE AND PRENTICE
(AB2008 -272)
2. REQUEST AUTHORIZATION FOR THE COUNCIL CHAIR TO SIGN THE FINAL
PLAT MYLAR FOR BAKER RIDGE LONG PLAT (AB2008 -273)
3. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT
BETWEEN WHATCOM COUNTY AND CONTECH SERVICES, INC FOR BASE
PLATE REPAIR AND DRIVEWAY SEALING AT THE WHATCOM COUNTY CIVIC
CENTER ANNEX IN THE AMOUNT OF $66,005.84 (AB2008 -274)
4. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL
AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
AND THE STATE OF WASHINGTON DEPT OF ECOLOGY FOR .SWIFT CREEK
PROJECT IN THE AMOUNT OF $190,000 (AB2008 -275) (COUNCIL ACTING AS
THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS)
S. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A COOPERATIVE
AGREEMENT WITH THE ARMY CORPS OF - ENGINEERS FOR LEVEE
REHABILITATION WORK ON THE DEMING LEVEE IN THE AMOUNT OF
$808,000.00 ON AN 80/20 COST SHARE (AB2008 -276) (COUNCIL ACTING
AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF
SUPERVISORS)
6. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO OBLIGATING
DOCUMENTS FOR FEMA FUNDING IN THE AMOUNT OF $700,000 FOR
REMAPPING FLOODPLAINS (AB2008 -277)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, EIGHTH
REQUEST, IN THE AMOUNT OF $516,268 (AB2008 -265)
Nelson reported for the Finance and Administrative Services Committee and moved
to adopt the substitute ordinance.
Motion carried unanimously.
2. REPORT ON COMMITTEE ACTION REGARDING THE 2008/2009 INTEGRATED
ROADSIDE VEGETATION MANAGEMENT PLAN (AB2008 -278)
Nelson reported for the Public Works and Safety Committee and moved to approve
the plan.
Motion carried unanimously.
3. COMMITTEE REPORT AND POSSIBLE ACTION ON THE REVIEW OF EXISTING
ISSUES WITH DOCKETING PROCEDURES IN THE WHATCOM COUNTY
PLANNING DEPARTMENT AND SPECIFIC SOLUTIONS (AB2008 -279)
Whatcom County Council, 7/22/2008, Page 23
Fleetwood reported for the Planning and Development Committee.
4. 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)
Caskey- Schreiber moved to adopt the ordinance.
Motion carried unanimously.
S. APPOINTMENT TO UTILITIES PLANNING COMMITTEE - DISTRICT 3,
APPLICANT: BRIAN HOBI (AB 2008 -271)
Fleetwood moved to appoint Brian Hobi.
Motion carried unanimously.
6. EXECUTIVE KREMEN RECOMMENDS THE CONCURRENT APPOINTMENT OF
HOWARD HEPPNER TO THE BELLINGHAM - WHATCOM COUNTY HOUSING
AUTHORITIES BOARD OF COMMISSIONERS (AB2008 -280)
Caskey- Schreiber moved to appoint Howard Heppner.
Motion carried unanimously.
7. RESOLUTION APPROVING AMENDMENT #1 TO THE EVERGREEN WATER -
SEWER DISTRICT COMPREHENSIVE PLAN (AB2008 -269A)
Caskey- Schreiber moved to approve the resolution.
Motion carried unanimously.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items, including substitute pages for
Introduction Item four.
Motion carried unanimously.
1. ORDINANCE (INTERIM) RELATING TO TRANSPORTATION CONCURRENCY
MANAGEMENT ESTABLISHING DEVELOPMENT REVIEW PROCEDURES
ENSURING THAT ADEQUATE TRANSPORTATION FACILITIES ARE AVAILABLE
OR PROVIDED CONCURRENT WITH DEVELOPMENT, IN ACCORDANCE WITH
THE GROWTH MANAGEMENT ACT (AB2008 -091A) (HEARING TO BE
SCHEDULED)
2. ORDINANCE REVISING WCC 3.40, TAX ON BINGO, RAFFLES, PUNCHBOARDS
AND PULL TABS, TO LEVY A TAX OF TEN PERCENT OF GROSS REVENUE ON
PUBLIC CARDROOMS (AB2008 -281) (HEARING TO BE SCHEDULED)
Whatcom County Council, 7/22/2008, Page 24
1 3. ORDINANCE REGARDING ESTABLISHMENT OF A SCHOOL SPEED LIMIT ZONE
2 ON YEW STREET (AB2008 -282) (HEARING TO BE SCHEDULED)
3
4 4. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX -YEAR
5 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2009 -2014
6 (AB2008 -262) (HEARING TO BE SCHEDULED)
7
8 5. RESOLUTION RESCINDING, IN PART, RESOLUTION 2008 -016, PROVIDING
9 FOR THE PUBLICATION OF BOARD OF SUPERVISORS ACTIONS AND
10 ADOPTING OPERATING RULES FOR SUBZONE ADVISORY COMMITTEES
11 (AB2008 -284)
12
13 6. ORDINANCE RESCINDING PARTS OF ORDINANCE 98 -085 AND RESCINDING
14 WHATCOM COUNTY CODE CHAPTER 2.93 IN ITS ENTIRETY (AB2008 -285)
15
16 7. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 8.10.050,
17 RESIDENTIAL RECYCLING COLLECTION (AB2008 -287)
18
19
20 OTHER BUSINESS
21
22 There was no other business.
23
24
25 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
26
27 There were no reports or other items.
28
29
30 ADJOURN
31
32 The meeting adjourned at 1:14 a.m.
33
34
35
36 Jill Nixon, Minutes Transcription
37
38 T,0►tTtl0AttKtqpproved these minutes on September 9 , 2008.
39 ��'ii
40 ATT •Cj �� WHATCOM COUNTY COUNCIL
• •
41 �� •• �P ��1 !,< WHATCOM COUNTY, WASHINGTON
42 = ? • i
43
44 = _-
45 •
46 Dat�a_Brt3vfk (� ouncctberk Carl Weimer, Council Chair
ell
Whatcom County Council, 7/22/2008, Page 25