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HomeMy WebLinkAboutCouncil November 12 20081 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 WHATCOM COUNTY COUNCIL Regular County Council November 12, 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 Senior Deputy Prosecutor Royce Buckingham pending litigation (AB2008 -018) in executive session during the Committee of the Whole meeting. Fleetwood moved to authorize the Prosecutor's Office to provide legal defense of County employees in case # 08 -2- 02619 -8. Motion carried unanimously. Fleetwood moved to authorize the Prosecutor's Office to provide legal defense to Elfo, Jones, and Pierson under Whatcom County Code 2.56.030. Motion carried unanimously. MINUTES CONSENT Brenner moved to approve the Minutes Consent items. Motion carried unanimously. 1. SPECIAL COMMITTEE OF THE WHOLE FOR SEPTEMBER 23, 2008 2. SPECIAL COMMITTEE OF THE WHOLE FOR SEPTEMBER 30, 2008 3. BOARD OF HEALTH FOR SEPTEMBER 30, 2008 4. COMMITTEE OF THE WHOLE FOR OCTOBER 7, 2008 S. REGULAR COUNTY COUNCIL FOR OCTOBER 7, 2008 Whatcom County Council, 11/12/2008, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 6. COMMITTEE OF THE WHOLE FOR OCTOBER 21, 2008 7. REGULAR COUNTY COUNCIL FOR OCTOBER 21, 2008 S. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 23, 2008 OPEN SESSION The following people spoke: Mark Kuhl, Firefighter Local 3855 President, Ferndale, submitted and read from a handout (on file) regarding the history of the emergency medical service (EMS) plan and paramedic training issue with Medic 5. He asked the Council to approve funding for six paramedics training at Harborview Medical Center. Janie Pemble, 2915 Cedarwood Avenue, Bellingham, stated she asks the Council to reinstate the Friendly Visitor Program into the County's 2009 Budget. She described how the program benefits seniors. Weimer stated the Council tentatively voted to add the program back in to the budget. Rachel Carlson, 2430 Humbolt Street, Bellingham, stated she is the Gatekeeper Coordinator for Whatcom County. She asked the Council to reinstate the Friendly Visitor Program. She described the benefits of the program. Richard Dietz, 709 Highland Drive, Bellingham, stated he is in favor of reinstating the Friendly Visitor Program.. He works with Northwest Regional Council. He described the history and benefits of the program. Nelson asked if this program needs continued funding. Dietz stated the Northwest Regional Council supports the program. They would welcome the Council's decision to continue the program. The program has taken several years to get going because it's difficult to find this population. Now, they are helping many people. The number of people they're helping is growing. There is a committed cadre of volunteers. Word about the program has gotten out to the community. There is a successful referral process. Matt Paskus, 1151 Old Marine Drive, stated he is not in favor of jet aircraft and is in favor of rail service to the new Everett airport, because it will make the county and city environmentally cleaner. The Port of Bellingham keeps catering to an airline that serves mostly Canadian passengers. The increasing presence of Allegiant Airlines is contrary to the Port's promotion of a clean ocean marina. Rail lines will be better for the community and create a sustainable future. Tom Fields, North Whatcom Fire and Rescue Fire Chief, stated the existing, 34 -year old EMS system is at risk. The Board of Fire Commissioners, the government of North Whatcom Fire and Rescue, agree with and support the 2005 EMS Plan. However, the County, City, and EMS leaders must help the labor groups resolve their differences without taking sides. They must stop name - calling and rumors. Government has no business in labor issues. The Council should approve the interlocal agreement between Whatcom County and Whatcom County Fire District 7 and the funding for the six paramedics at Whatcom County Council, 11/12/2008, Page 2 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Harborview Medical Center for training, pending resolution of the dispute. Only when all efforts to end this labor dispute have exhausted and they have failed will the government of North Whatcom Fire and Rescue voluntarily step forward and offer the potential solution of agreeing to provide staffing for a Medic 5 unit. North Whatcom Fire and Rescue does not intend to destabilize the 2005 EMS plan. It is not guilty of undermining District 7. Robert Wilson, IFF Local 106 President, stated they have worked to come to an agreement on the EMS issue. They were not successful in coming to an agreement. They are disappointed that Local 3855 chose to leave the IFF. He asked the Council to turn down the funding for the paramedics currently attending training at Harborview Medical Center. Doug Hay, 5917 Cheryl Court, Ferndale, stated the paramedic issue seems like a power struggle between Bellingham Local 106 and District 7. It is important for the Council to follow through with the voters wishes, have a medic unit in Ferndale. Consider a timetable for weaning Local 106 off of the entire County, and staff medic units at full -time departments in Lynden, Ferndale, and possibly Everson. Pay for the training for District 7 paramedics. Pete Cameron, Fire District 11 Commissioner, submitted and read from a handout (on file) and stated the Council should honor the wishes of the voters of this county. Honor the plan that the voters approved. Approve the funding for paramedic training. Dave Pros, 1466 Roy Road, stated the County must reassess it's population projection to the year 2029. Those projections are determined as a matter of policy, based on land use policies. Tying that issue with the 2031 projections and the visioning process complicates the issues unnecessarily. Whatcom County is compliant with the 2029 projection when the County picked a population of 235,000. The current process is backwards by asking people first what number they want, without much input from the public. Have a real public process. Accept the projection of 235,000 for now, and work on a real projection for 2031, not on a 2029 projection that will last only 17 months. Ray Davidson, 3012 Barkley Grove Loop, Bellingham, stated he is the Political Action Chairperson for North Whatcom Professional Firefighters Local 3867. His members are all in favor of one unified EMS system in Whatcom County and one unified union in the county. They are willing to staff Medic 5 in the county. He agrees with the previous speaker Rob Wilson. His membership is willing to become members of Local 106. PUBLIC HEARINGS 1. ORDINANCE AMENDING ADMINISTRATIVE PROCEDURES FOR THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM (AB2008 -352) Weimer opened the public hearing and the following people spoke: Dannon Traxler, 709 Dupont Street, Bellingham, stated she represents Dennis Bergman, who has property in shoreline jurisdiction. She thanked Planning Director Stalheim and his staff for drafting this ordinance. It addresses issues with the shoreline permitting process. She described the issue with Mr. Bergman's property. Her client is in favor of the ordinance. She is concerned with the State Department of Ecology's (DOE) interpretation of this ordinance. DOE said it would be easy to do a remodel or rebuild. However, DOE did not make it easy for her client. Just because DOE says they will approve Whatcom County Council, 11/12/2008, Page 3 1 a rebuild doesn't guarantee that they will. Also, even if County staff approves conditional 2 use permits, DOE still has the final say on permit approval. 3 4 Nelson asked if there was a timeframe for her client to get a conditional use permit. 5 Traxlor stated there is not a timeframe yet. If passed tonight, the Planning Department 6 said it will accept applications tomorrow. 7 8 Crawford stated they are allowing the conditional use permit process to be 9 administratively approved. If he waits until after January 1, the client may also have a 10 lower fee. 11 12 Hearing no one else, Weimer closed the public hearing. 13 14 Crawford asked if the fee schedule reduction can take effect now. 15 16 David Stalheim, Planning and Development Services Director, stated they have a 17 draft Executive Order to set a new fee for this use. 18 19 Crawford moved to adopt the ordinance. 20 21 Motion carried unanimously. 22 23 2. RESOLUTION IN SUPPORT OF AN APPLICATION FOR GENERAL PURPOSES 24 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE APPLIED TO A 25 HOMEOWNERSHIP AFFORDABILITY PROJECT (AB2008 -374) 26 27 Weimer opened the public hearing and the following people spoke: 28 29 Paul Schissler, Kulshan Community Land Trust Executive Director, submitted 30 handouts and stated he is in favor of the resolution. 31 32 A job paying $15 or $20 per hour may not allow someone to purchase a house in 33 Whatcom County. The Community Development Block Grant (CDBG) allows them an 34 opportunity to compete for a limited amount of funds. The County has been successful 35 before. This proposed project uses the money in a way similar to the work they've been 36 doing the last six years. With the help of the Opportunity Council, they will preserve 37 existing homes, repair them when they need repair, and add energy efficiency upgrades. 38 39 The County provided a public hearing handout to the public on State Department of 40 Community, Trade, and Economic Development (CTED) Community Development Block 41 Grant. He's been involved in over a dozen CDBG projects in the last ten years. This project 42 is easy to administer, despite the federal funding. 43 44 Nelson stated he appreciates the work of the Kulshan Community Land Trust. This 45 proposal is to help with problem areas. He asked the type of clients that will be served and 46 the obligations of this program. Schissler stated the program will serve low- to moderate- 47 income people, those at or below 80 percent of the area median income. 48 49 (Clerk's Note: End of tape one, side A.) 50 51 Schissler continued to state that almost half the households in Whatcom County 52 would be eligible for assistance from this program. 53 Whatcom County Council, 11/12/2008, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Nelson asked which area they are helping. Schissler stated blighted neighborhoods have property abandonment and other issues that create a concentrated problem. They don't have much of that in Whatcom County. Many people in all the communities in Whatcom County meet the income guidelines. One hundred percent of this funding will be targeted to people at or below those income maximums. Nelson asked if those people get to stay in their community. Schissler stated they do, ideally. They want to help people who are already part of a neighborhood and close to work, so they don't have to move kids to different schools. Brenner asked if this is for building and repair and remodels. Schissler stated it is. It can be used throughout the county, except in Bellingham, where Bellingham already receives an annual allocation of CDBG funds. 3. Hearing no one else, Weimer closed the public hearing. Fleetwood moved to approve the resolution. Motion carried unanimously. ORDINANCE TEMPORARILY REMOVING THE LOT CLUSTERING PROVISION FROM WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT (AB2008 -189A) Weimer opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. Crawford stated he is against this ordinance. There is room to adjust the ordinance. Allow it with some buffering and with a dedicated easement for the remainder area to be used for forestry purposes only into perpetuity. Don't allow it in the Lake Whatcom watershed. Don't renew this ordinance. If the Council does, consider alternate ideas in the future to enable clustering in other parts of the county, where it makes sense. Promote forestry practices that make sense for the forestry zone. Nelson stated this will preserve quality of life in the rural area and forestry practices. Brenner stated the number one use in the rural forestry district is supposed to be forestry. Nothing prevents someone from developing the number of lots they have. However, they must ensure that development doesn't interfere with working forest management. They get more complaints when residents are clustered together in a small area. When people are spread out, there aren't as many complaints. Caskey- Schreiber stated they need to still figure out whether they want to allow clustering overall. Cluster developments give people a false sense of being in an urban area, and they expect urban levels of service. There is a lot of bad information about the purpose of reserve tracts. The ones in agricultural areas are definitely being farmed. Many people have been told that they can't touch anything in the reserve tract, and they're viewed as conservation buffers. If that's the purpose, the reserve tracts should be in areas where they need more habitat or conservation. That isn't the goal on prime farmland. Weimer stated he would support the ordinance. However, he agrees with Councilmember Crawford. Clustering can have benefits if there are appropriate restrictions. Whatcom County Council, 11/12/2008, Page 5 1 2 Nelson stated the process for working on planning issues used to be much easier. 3 The Council would work on an issue, and then send it to the Planning Commission, who 4 would work on the issue and send it back to the Council. He's not sure why the Planning 5 Department is sitting on these issues. The Council must start getting some of this stuff 6 done. The public is getting tired of moratoria. They must get answers to the clustering 7 issues. 8 9 Crawford stated clustering isn't the biggest land use issue in the county. There 10 aren't many pending situations that would be resolved. 11 12 Nelson stated this should be something that the Council can do on its own, and send 13 to the Planning Commission. 14 15 Motion carried 6 -1 with Crawford opposed. 16 17 18 CONSENT AGENDA 19 20 Nelson reported for the Finance and Administrative Services Committee and moved 21 to approve Consent Agenda items one through eight. 22 23 Motion to approve Consent Agenda items one through eight carried 24 unanimously. 25 26 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE 27 AGREEMENT BETWEEN WHATCOM COUNTY AND SANITARY SERVICE 28 COMPANY FOR THE CEDARVILLE AND BIRCH BAY LANDFILL FACILITIES IN 29 THE AMOUNT OF $50 PER MONTH PER SITE FOR A FIVE -YEAR TERM 30 (AB2008 -381) 31 32 2. RESOLUTION ORDERING THE CANCELLATION OF UNCOLLECTIBLE 33 ACCOUNTS RECEIVABLE MORE THAN A YEAR OLD (AB2008 -382) 34 35 3. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS MORE THAN A 36 YEAR OLD (AB2008 -383) 37 38 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE 39 AGREEMENT BETWEEN WHATCOM COUNTY (PARKS AND RECREATION) AND 40 BIRCH BAY LIONS CLUB FOR 7467 GEMINI STREET, BLAINE, FOR THE 41 OPERATION OF A HOSTEL FACILITY (AB2008 -384) 42 43 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08 -88 44 TO LOW BIDDER BRIM TRACTOR FOR A REPLACEMENT ROTARY HEAD BOOM 45 MOWER IN THE AMOUNT OF $41,159.40 (AB2008 -385) 46 47 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT 48 AGREEMENT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF 49 ECOLOGY FOR REIMBURSEMENT OF COSTS RELATED TO THE DIESEL 50 RETROFIT OF HEAVY -DUTY EQUIPMENT IN THE AMOUNT OF $17,818 51 (AB 2008 -386) 52 Whatcom County Council, 11/12/2008, Page 6 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT FOR SERVICES WITH WILSON ENGINEERING, LLC IN THE AMENDED AMOUNT OF $31,850 FOR THE PURPOSES OF COMPLETING SURFACE MINING RECLAMATION PERMIT APPLICATIONS, PLANS, AND RECORD SURVEYS FOR THE WHATCOM COUNTY ABEL GRAVEL PIT (AB2008- 387) S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITIES OF WHATCOM COUNTY FOR THE PURPOSE OF COOPERATIVE WORK TOWARDS COMPLIANCE WITH THE GROWTH MANAGEMENT ACT (AB2008 -388) OTHER ITEMS 1A. RESOLUTION ELECTING TO RECEIVE NATIONAL FOREST RELATED SAFETY - NET PAYMENTS UNDER P.L. 106 -393 AND 110 -343 (AB2008 -393) Nelson reported for the Finance and Administrative Services Committee and moved to approve the resolution. Motion carried unanimously. 1. RESOLUTION APPROVING A SALARY SCHEDULE AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES, EFFECTIVE JANUARY 1, 2009 (AB2008 -361A) Nelson reported for the Finance and Administrative Services Committee and moved to approve the resolution. Brenner moved to amend the resolution to freeze all salaries above $100,000. Motion to amend failed 1 -6 with Brenner in favor. Brenner moved to amend the resolution so all employees get the same increase percentage without adding steps. Caskey- Schreiber suggested a friendly amendment to set the salary increase percentage at 2.88. Brenner accepted the friendly amendment. The people at the top end shouldn't get any extra percentage. Everyone should get the same type of raise. Caskey- Schreiber stated some employees get 7.5 weeks of vacation per year. It takes other employees five years to earn six weeks. There is a big difference that will widen over the years. Make it more equal. Brenner stated the argument is that the County has a hard time hiring qualified people without these larger amounts. However, there is an overabundance of qualified people in Whatcom County. There isn't an overabundance of jobs. People aren't leaving because of the salaries. Whatcom County Council, 11/12/2008, Page 7 1 Fleetwood asked if this would create an inequality between the unrepresented 2 employees and the employees under the master bargaining unit. 3 4 Caskey- Schreiber stated this group of employees never followed that group exactly. 5 6 Fleetwood stated there is now an inequality between those two groups. One will 7 have an increase, and one will have something less. He won't support the motion to 8 amend. 9 10 Crawford stated he is against the motion. He doesn't agree with making a change 11 between union employees, who already received a certain increase, and nonunion 12 employees now. They've already established expectations with employees. The Council 13 voted on and approved this agreement months ago. The only reason its back is to deal with 14 the salaries of the elected officials, particularly the Executive's salary. Don't start changing 15 these issues they've already dealt with. 16 17 Brenner stated the issues were discussed in committee, and then buried. The 18 Council did request one change that wasn't done. The economy doesn't stay the same. 19 They must operate with the understanding that times are tough for everyone. 20 21 Caskey- Schreiber asked about taking away the added step increase for those 22 employees at the top of the range. 23 24 Wendy Wefer - Clinton, Administrative Services Department, stated that if the motion 25 passes, the Council will reduce the Support and Professional Supervisor groups by two 26 percent at the top step. 27 28 Brenner stated she doesn't agree with that step. The people at the top are making 29 enough to begin with. They shouldn't actually get another increase besides the cost of 30 living increase. Everyone should get the same increase, with no changes to top steps. 31 32 Brenner withdrew her motion. She will vote against the resolution. 33 34 Motion to approve the resolution as presented carried 5 -2 with Brenner and 35 Caskey- Schreiber opposed. 36 37 1B. RESOLUTION ESTABLISHING SALARIES FOR EXECUTIVE BRANCH ELECTED 38 OFFICIALS, EFFECTIVE JANUARY 1, 2009 (AB2008 -121G) 39 40 Nelson reported for the Finance and Administrative Services Committee and moved 41 to approve the substitute resolution submitted earlier today. 42 43 Crawford moved to amend to revert back to the version submitted earlier in the 44 week. Today, the Finance Committee agreed unanimously to change the Prosecutor's 45 salary down to reflect the initial proposal for the Executive's salary. It would have kept the 46 Executive's proposed salary at 101 percent of the Prosecutor's salary. Today's amendment 47 would lower the Prosecutor's salary. Over two years, this would amount to a decrease in 48 the Prosecutor's salary by $5,980.20. He supports the resolution regardless of his 49 amendment. Lowering this salary makes the Prosecutor the victim of the fallout regarding 50 the Executive's salary. The Council should take this issue back up in 2010 and decide how 51 to approach the issue. 52 Whatcom County Council, 11/12/2008, Page 8 1 Nelson stated the Executive is responsible for all the County departments and any 2 problems that occur. This change reduces the speed at which the Prosecutor's salary rises, 3 and makes it more in line with the Executive's increase, which is the same increase that the 4 other elected officials are getting. 5 6 Caskey- Schreiber stated it seems like they're being unfair to the Prosecutor. It's too 7 much for one individual to get a $10,000 raise in one year. 8 9 Weimer stated he is against both versions of the resolution. He needs information 10 on other resolutions that are referenced in this resolution, 2008 -047 and 2008 -072. He 11 wants to know what they are. He assumes one is the resolution the Council passed on July 12 8, 2008 and the other is the resolution the Council passed last week. He's concerned about 13 the statement that rescinds the resolution, which would revert the Executive's salary now to 14 where it was on July 1, 2008, which was approximately $140,000. This resolution doesn't 15 take effect until January 1, 2009. They can't decrease the Executive's salary to $137,000, 16 as of January 1, 2009. 17 18 Dan Gibson, Senior Civil Deputy Prosecutor, stated the resolution adopted on 19 November 3, 2008 has problems. It has never been approved as to form by legal counsel. 20 It conflicts with their best legal advice about the meaning of the resolution. Second, it 21 purports to direct the Executive to do a number of things that don't stand the Charter test. 22 He recommends repealing Resolution 2008 -072. Currently, the salary level for the 23 Executive is $141,099, if annualized. Approving this resolution will result in a salary of 24 $137,676 during the course of 2009. He recommends against reducing the salary. If they 25 do reduce the salary, there isn't a suit unless there are litigants. It was in that spirit that 26 this matter was approached. If this resolution is adopted as it is, he doesn't think the 27 Council has a suit. 28 29 Crawford stated his amendment has nothing to do with the Executive's salary. His 30 amendment simply returns the Prosecutor to a salary the Council said it would approve. 31 Out of an issue of fairness, support the amendment. If the resolution passes, the 32 Prosecutor salary will be back to what the Council agreed to pay him. 33 34 Brenner stated she doesn't support any of these raises. Also, a potential Prosecuting 35 Attorney must have more qualifications than a potential Executive. 36 37 Kelly stated the increase in the Prosecutor's salary is what started all this. The 38 Council was never aware of it. When the Council became aware of it, the focus was on the 39 Executive's salary. The Council never had a discussion about what it meant to the 40 Prosecutor. Today, the committee made an effort to do that. They tried to deal with the 41 situation the best way they could. They can't move these salaries back. What's been done 42 is done. 43 44 Caskey- Schreiber stated she would like to see the Prosecutor and Executive salaries 45 frozen for two years. 46 47 (Clerk's Note: End of tape one, side 8.) 48 49 Motion to amend failed 3 -4 with Brenner, Nelson, and Crawford in favor, 50 51 Brenner moved to amend the resolution to freeze all elected officials salaries. The 52 elected officials need to set an example. They are supposed to be held to a higher Whatcom County Council, 11/12/2008, Page 9 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 standard. The salary increases are almost three times more the other employees. They deserve the raise, but it's not something the County can afford right now. Caskey- Schreiber stated she is in favor of freezing the salaries of the Executive and Prosecuting Attorney. Those two positions received a hefty increase this year. They will be okay for the next two years. The other elected officials are falling behind their peer group. Motion to amend failed 1 -6 with Brenner in favor. Brenner moved to amend to reduce the raise from 6.6 percent to 2 percent. Motion to amend failed 1 -6 with Brenner in favor. Caskey- Schreiber moved to amend the resolution to freeze the Executive and Prosecuting Attorney salaries for the next two years. They each received an approximately $20,000 raise this year. That should hold them over for a couple of years. The Executive salary would be $141,099 and the Prosecutor salary would be $138,240. That would be about a $15,000 hit to the Prosecutor over the next two years. Crawford stated those amounts are close to what the Council proposed. Keeping the increases as proposed is better for the consistency of increasing everyone. He's not sure the motion accomplishes a lot, and it isn't consistent. Nelson stated the effect of the amendment is that the Executive would effectively receive more in 2009, and less in 2010. Motion to amend failed 2 -5 with Caskey- Schreiber and Nelson in favor. Brenner moved to amend the resolution to remove section 2.0 regarding realignment. Elected official salaries in Whatcom County shouldn't depend on what other people are doing. People run for office because they want to serve the community. It's not about paying them what other counties pay. Motion to amend failed 1 -6 with Brenner in favor. Crawford stated the version on the floor is the version revised and recommended by the Finance Committee today, which reduces the Prosecutor's salary to make the Executive's salary 101 percent of the Prosecutor's salary. Weimer moved to amend to remove the last resolved statement to rescind Resolution 2008 -072. Crawford stated he will vote against the motion. Motion failed 3 -4 with Weimer, Caskey- Schreiber, and Brenner in favor. Motion to approve the committee - recommended version as presented carried 4 -3 with Caskey- Schreiber, Brenner, and Weimer opposed. 2. ORDINANCE REPEALING ORDINANCE 98 -085, AND AMENDING WHATCOM COUNTY CODE CHAPTER 2.02.050, COUNTY COUNCIL MEETINGS - COUNCIL ACTING IN OTHER CAPACITIES (AB2008 -377) Whatcom County Council, 11/12/2008, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Weimer reported for the Natural Resources Committee and moved to adopt the ordinance. Crawford stated he is against all four of these ordinances. The issue hasn't come up as a problem. Don't try to fix a process that isn't broken. Brenner stated she is in favor of the ordinance. Changing the procedure is a preventative measure. The question is whether they believe the interest from the fund belongs in the flood fund or the general fund. It belongs with the flood fund. Weimer stated he is in favor of the ordinance. It is a separate municipal government body. Kelly stated he is in favor of the ordinance. These ordinances address auditor findings from 1998. Motion carried 6 -1 with Crawford opposed. 3. ORDINANCE REPEALING ORDINANCE 97 -027, RELATED TO THE ESTABLISHMENT OF A FRAMEWORK FOR THE FLOOD CONTROL REPAIR AND MAINTENANCE CONSTRUCTION COST SHARE PROGRAM (AB2008 -376) Weimer reported for the Natural Resources Committee and moved to adopt the ordinance. Motion to adopt carried 6 -1 with Crawford opposed. 4. RESOLUTION PROVIDING A FRAMEWORK FOR THE FLOOD CONTROL CONSTRUCTION COST -SHARE PROGRAM (AB2008 -380) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) Weimer reported for the Natural Resources Committee and moved to approve the resolution. Motion carried 6 -1 with Crawford opposed. 5. RESOLUTION ESTABLISHING FLOOD CONTROL ZONE DISTRICT FUNDS AND AMENDING THE BY -LAWS OF THE FLOOD CONTROL DISTRICT BOARD OF SUPERVISORS AS OUTLINED IN RESOLUTION 92 -014 (AB2008 -378) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) Weimer reported for the Natural Resources Committee and moved to approve the resolution. Nelson moved to amend Council packet page 34, Exhibit B, item 100.xx.010, "...affairs of the County;; and furMer previded, that the Gettnty Exeeut ve s"," have ne Fele legislative aetien ef the " The Charter provides the Executive with the ability to veto. This language would eliminate the checks and balances of government. Motion to amend failed 3 -4 with Nelson, Crawford, and Brenner in favor. Whatcom County Council, 11/12/2008, Page 11 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Motion to approve the resolution carried 5 -2 with Crawford and Nelson opposed. 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF FERNDALE FOR THE PURPOSE OF ANNEXATION AND DEVELOPMENT WITHIN THE CITY OF FERNDALE UGA FOR APPROXIMATELY 41 ACRES IN THE VICINITY OF SHIELDS ROAD (AB2008 -390) Fleetwood reported for the Planning and Development Committee and moved to approve the request. Motion carried unanimously. 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND FIRE DISTRICT 7 FOR THE PROVISION OF PARAMEDIC TRAINING IN THE AMOUNT OF $331,300 (AB2008 -344) Crawford moved to approve the request Caskey - Schreiber stated she is disappointed that they don't still don't know how this will be implemented. Putting this forward as a uniform system, when it is clearly fractured, is a disservice to the public. She doesn't care who provides the service. She never envisioned this fracture. The resolution that placed this on the ballot was clear that they wanted a unified system. There are too many unknowns to commit $300,000. Questions include whether this unit will serve just the geographic district of Ferndale District 7 and whether it will back up the Bellingham system. People don't seem to understand there are two units in the county now. She hoped for a different outcome. She doesn't like the direction this is heading. This is against what they voted for on the ballot, which talked about a countywide emergency system. This is not a unified system. Nelson stated he is in favor of the request. It is a unified system. They have a plan the public agreed to. The only thing that's unclear is whether or not it will be run by a union. The ballot was clear that this unit would be operated by those firefighters. Brenner stated she agreed with Caskey- Schreiber regarding the problems that have arisen. The County asked Fire District 7 to agree to this. These are contractors. They are not elected by the public and don't have to directly answer to the public about who can provide these services. They cannot prevent any municipality or anyone from withdrawing from the system at any time. The term 'unified' meant countywide, and there wouldn't be a separate system for a city. The City of Bellingham threatened to pull Local 106 out of service for the county. Now they've come full circle. They seem to be getting a similar threat now. She is in favor of the request. She is confident that the paramedic. students have the same level and degree of expertise and professionalism as anyone else they've used. They'll do just fine. Fleetwood stated he is against the request. Condition the release of the money on an exhaustive effort of the parties to work out an agreement. The plan was to maintain a unified countywide emergency medical service. The question of being unified is clearly not resolved. There are outstanding questions about many things, all of which have an implication on how this system will operate. Right now, the County maintains some leverage to urge the parties to work together. Whatcom County Council, 11/12/2008, Page 12 1 2 Motion carried 4 -3 with Caskey- Schreiber, Kelly, and Fleetwood opposed. 3 4 5 INTRODUCTION ITEMS 6 7 Weimer moved to accept the Introduction Items. 8 9 Motion carried unanimously. 10 11 1. ORDINANCE ADOPTING 2008 BUDGET SUPPLEMENTAL REQUEST #12 IN THE 12 AMOUNT OF $22,130 (AB2008 -391) 13 14 2. RESOLUTION IN THE MATTER OF VACATING A PORTION OF JOHNSON ROAD 15 (AB2008 -392) 16 17 18 OTHER BUSINESS 19 20 There was no other business. 21 22 23 REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS 24 25 There were no reports or other items. 26 27 28 ADJOURN 29 30 The meeting adjourned at 9:18 p.m. 31 32 33 34 Jill Nixon, Minutes Transcription 35 36 Thp.GRV49gil approved these minutes on February 10 , 2009. 38 ATT, 39 J .• "ATC • 40 O; O� U O ••• i 41 42 - 43 • 44 eana 4avlo unc§ Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ,::: � �-e � -- - �- , �1— Carl Weimer, Council Chair Whatcom County Council, 11/12/2008, Page 13