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HomeMy WebLinkAboutCouncil December 4 20071 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 WHATCOM COUNTY COUNCIL Regular County Council December 4, 2007 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 Dan McShane Sam Crawford Seth Fleetwood Laurie Caskey- Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS Absent: None 1. CONSIDERATION OF MOTION TO DISMISS APPEAL ON LSSOS -0016 REQUESTED BY PHIL SERKA, ATTORNEY FOR SHUKSAN INVESTMENTS, LLC REGARDING APPEAL. FILED BY KIRSCH (AB2007 -364) Brenner moved to grant the motion to dismiss. Motion carried unanimously. MINUTES CONSENT 1. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 2, 2007 Crawford moved to approve the minutes. Motion carried unanimously. OTHER ITEMS S. RECEIPT AND ACCEPTANCE OF WHATCOM COUNTY TREASURER BARBARA CORY'S LETTER OF. RESIGNATION AND APPOINTMENT TO FILL VACANCY WITH TREASURER -ELECT STEVE OLIVER (AB2007 -468) Crawford moved to accept Barbara Cory's resignation and appoint Treasurer -Elect Steve Oliver as her interim replacement.' Motion carried unanimously. Whatcom County Council, 12/4/2007, Page 1 Dewey Desler, Deputy Administrator, stated this is the first time in 60 years that there hasn't been a Cory in the Treasurer's Office, beginning with Hugh Cory in 1948. He presented a plaque to Barbara Cory and gave a history of her years of service. Barbara Cory, Treasurer, stated she began working in the Treasurer's Office in 1965, right out of high school. She's seen many changes in the office. She described how things have changed over the years. She's proud of making the office efficient and cost - effective. Over the years, she served on the boards of various state associations. She leaves the office in very good hands. Mr. Oliver will be able to take the Treasurer's Office in a new direction in terms of technology. Serving in the Treasurer's Office and as Treasurer has been an honor. ANNOUNCEMENTS Weimer stated it is also Councilmember McShane's last Council meeting. He read a certificate of appreciation for Councilmember McShane. Councilmembers shared their thanks for Councilmember McShane. McShane stated the County is in great condition, and will continue to be so. This was an exceptional Council. The Council will continue to do good work. OPEN SESSION The following people spoke: John Robinson, Lynden, stated he is against the ordinance forwarding Charter Amendment 1 to the County Auditor, for inclusion on the 2008 general election ballot, to provide that each member of the Whatcom County Council be elected by majority vote of the registered voters of Whatcom County (AB2007 -467). He ran for the Charter Review Commission specifically because he wanted district -only voting. The Council seems to think the citizens are stupid. "There is general contempt for the citizens of the nation when the courts and elected officials overturn referenda and initiatives. More than 60 percent of the Bellingham residents and 75 percent of the County residents told the County that they wanted district -only voting. They were very clear. Abe Jacobson, 2314 Samish Way, stated he is in favor of the ordinance forwarding Charter Amendment 1 to the County Auditor, for inclusion on the 2008 general election ballot, to provide that each member of the Whatcom County Council be elected by majority vote of the registered voters of Whatcom County (AB2007 -467). He voted for district -only voting. It was a mistake. He was talked into voting for it. Whatcom County's problems aren't divided by district. All the problems include all the County citizens and must be addressed with a countywide perspective. He would like to have another opportunity to vote on this issue. This Council isn't forcing anything on the citizens. It just gives the citizens another opportunity to vote again. Countywide voting doesn't give an advantage to either political party. It's just good policy, so candidates deal with all the county residents. Yoshi Revelle, 817 -25th Street, Bellingham, stated he asks for a ban on the sale of tobacco products in Whatcom County. Steve Harris, Whatcom County Deputy Sheriff's Guild President, stated the Sheriff's Office Bureau of Investigations is tasked with investigating the most serious crimes that Whatcom County Council, 12/4/2007, Page 2 occur in unincorporated Whatcom County, including child abuse. Currently, 11 staff operate in a 21 -foot by 42 -foot room. This room has been infected with raw and treated sewage from inmate jail cells twice in the last six months. The space is cramped and doesn't allow privacy to discuss the sensitive nature of these cases. There is no dedicated space to interview families and children. The working conditions and caseload is not ideal. Deputies are not applying for detective positions. Don't allow these conditions to continue. The Facilities Division has just started to work on the sewage problem, which it's known about for six months. Now, they are expected to work in the command post, parked outside the Sheriff's Office. Detectives are asking for reasonable, private workspace and interview rooms. Dewey Desler, Deputy Administrator, stated the space was not designed originally to be occupied. There is a problem with leakage. Recently, they sealed all the places where the water can leak through. They are replacing the carpeting and slightly expanding the space. The County does have significant problems with its space. Brenner asked if the sewage leaks have been fixed or if the County can rent space. Desler stated the administration has explored those options with the Sheriff. They are working appropriately with the Sheriff. John Lesow, Point Roberts, stated protect and conserve the lands in Whatcom County. The Planning Commission proposed a building permit allocation program from the. citizens. The County Council chose to not have a public hearing on the proposal. Protect King and Queen Mountains, protect open space in the county, and reduce population projections to a historical and manageable number. Bill Schoonover, Chuckanut Drive, stated he is against the ordinance forwarding Charter Amendment 1 to the County Auditor, for inclusion on the 2008 general election ballot, to provide that each member of the Whatcom County Council be elected by majority vote of the registered voters of Whatcom County (AB2007 -467). The people who live outside the City of Bellingham are smart and are not uneducated. Bellingham citizens are not necessarily smarter than county residents. This Council and the Democrats want countywide voting to give Bellingham total control over the county and its issues. The overwhelming majority of socialists Democrats want bigger government, more dependence on that government, more control over every aspect of their personal lives, and increased taxes to pay for it all. Ronnie Biehl, 4735 Lost Creek Lane, stated she is in favor of the ordinance forwarding Charter Amendment 1 to the County Auditor, for inclusion on the 2008 general election ballot, to provide that each member of the Whatcom County Council be elected by majority vote of the registered voters of Whatcom County (AB2007 -467). They all understand the issue much better now. Dennis Jones, 1487 Sudden Valley, Bellingham, stated the City of Bellingham tried district -only voting. It was horrible, and they changed it back as soon as possible. Executive Kremen vetoed the conservation futures funding. However, it should have included more to preserve more valuable areas. Regarding the Chuckanut Mountain Park District, he's tired of the lies. A park district gives people a voice. It doesn't have County responsibilities and zoning. It's a good vehicle. Create a park district for Lake Whatcom, also. It's a people's initiative. People like Nielsen Brothers clear cut an area with waterfalls and old growth because they proposed a park next to Sudden Valley. They clear cut the area because they proposed a park. That's vengeful. Now, someone is doing the same thing with Smith Creek. It's not the Department of Natural Resources (DNR). Work with Whatcom County Council, 12/4/2007, Page 3 1 DNR on the reconveyance. Sierra Pacific Industries is turning from logging into real estate 2 development. Don't allow them to put a gravel pit in that area. Save those areas. Using 3 the conservation futures fund is one good way. 4 5 Diane Foster, 926 Mason Street, Bellingham, stated she is in favor of the ordinance 6 forwarding Charter Amendment 1 to the County Auditor, for inclusion on the 2008 general 7 election ballot, to provide that each member of the Whatcom County Council be elected by 8 majority vote of the registered voters of Whatcom County (AB2007 -467). It was rushed 9 and unconsidered in the 2005 election. It was the first vote -by -mail for Whatcom County. 10 Many people didn't know more about the subject before casting their ballots. One person 11 thought it was a housekeeping issue. District -only voting promotes a Council more loyal to 12 district concerns than to the entire county. The councilmembers should be responsible to 13 all. The old system of County Commissioners was territorial and defensive of private turf, 14 which was the original reason for the County Charter. Only five Washington counties allow 15 district -only voting. Make each district less competitive within the district. 16 17 David Dickinson, 4100 Legoe Bay, Lummi Island, stated he is opposed to the Legacy 18 Project funding for the next century. It hijacks the Home Rule Charter and corrupts the 19 entire process of planning with public input. They can't plan for a century, or even ten 20 years. 21 22 He is also against ordinance forwarding Charter Amendment 1 to the County Auditor, 23 for inclusion on the 2008 general election ballot, to provide that each member of the 24 Whatcom County Council be elected by majority vote of the registered voters of Whatcom 25 County (AB2007 -467). He resents being told he was too stupid to know what he voted for. 26 This county is not made up of people with uniform attitudes and income levels. Some 27 people make their living off the land they own. Representatives should pay attention to 28 their issues rather than the university community. 29 30 Bob Wiesen, 3314 Douglas Road, asked how they can spend public funds on a legacy 31 project process that locks the people out of the process. He is against the ordinance 32 forwarding Charter Amendment 1 to the County Auditor, for inclusion on the 2008 general 33 election ballot, to provide that each member of the Whatcom County Council be elected by 34 majority vote of the registered voters of Whatcom County (AB2007 -467). Don't continue to 35 let Bellingham control the rest of Whatcom County. 36 37 James Stanford, 1841 Front Street, Lynden, stated he thanks Councilmember 38 McShane for his accessibility and listening to those with opposing views. He is against the 39 ordinance forwarding Charter Amendment 1 to the County Auditor, for inclusion on the 2008 40 general election ,ballot, to provide that each member of the Whatcom County Council be 41 elected by majority vote of the registered voters of Whatcom County (AB2007 -467). As a 42 resident of Lynden, he can't vote for Bellingham elected officials who control his business. 43 However, Bellingham residents can vote for his County representative. 44 45 (Clerk's Note; End of tape one, side A.) 46 47 Stanford continued to state that district -only voting is to represent his values and 48 perspective. Not allowing that is contrary to the purpose of district voting. If they allow 49 countywide voting, then do away with the districts. If the majority of a district doesn't vote 50 for a councilmember, the councilmember can't be an elected representative of that district. 51 So few people vote because they have no confidence that their vote counts. To make the 52 argument that the voters didn't understand the referendum they voted on is to suggest that 53 they don't understand the campaigns under which the councilmembers were elected. They Whatcom County Council, 12/4/2007, Page 4 1 are smart enough to understand what they vote on. The majority of folks like to be 2 represented by the people who live in their district. 3 4 Patrick Alesse, 4825 Alderson Road, stated he is in favor of the ordinance forwarding 5 Charter Amendment 1 to the County Auditor, for inclusion on the 2008 general election 6 ballot, to provide that each member of the Whatcom County Council be elected by majority 7 vote of the registered voters of Whatcom County (AB2007 -467). All councilmembers should 8 address problems and concerns that arise countywide. 9 10 Todd Granger, resident, stated he is against the ordinance forwarding Charter 11 Amendment 1 to the County Auditor, for inclusion on the 2008 general election ballot, to 12 provide that each member of the Whatcom County Council be elected by majority vote of 13 the registered voters of Whatcom County (AB2007 -467). Councilmember Caskey- Schreiber 14 was not elected in her district. In Whatcom County, residents only have one -third of a vote. 15 They are over - ruling one district's vote with two other districts. The Council has no right to 16 put Councilmember Caskey- Schreiber on the Council when her district didn't elect her. That 17 is not representative democracy. 18 19 Caskey- Schreiber stated she did not run in a district -only race. If she had, she 20 would have run her campaign completely different. They don't know how that would have 21 turned out. 22 23. Bob Burr, 1130 - 40th Street, Bellingham, stated he is in favor of the ordinance 24 forwarding Charter Amendment 1 to the County Auditor, for inclusion on the 2008 general 25 election ballot, to provide that each member of the Whatcom County Council be elected by 26 majority vote of the registered voters of Whatcom County (AB2007 -467). Both sides of the 27 issue have merits. That's why the proposal to send this to the ballot is a perfect 28 compromise. Personally, he is in favor of voting for all the councilmembers, because they 29 all determine the taxes he pays and what the County does on critical issues. Now, he's only 30 asking that the Council give the voters a chance to vote again on the issue. Publicize the 31 two sides of the issue very clearly so no one misunderstands this time. Let the voters have 32 their say. 33 34 Dave Pros, 1466 Roy Road, stated he thanks Councilmember Dan McShane for the 35 courageous stand he took to protect the Lake Samish watershed. It was in incorrectly - 36 zoned limited area of more intense residential development (LAMIRD). Few people wanted 37 to listen to that. 38 39 Maggie Matheson - Hanson, 206 Bayside Place and 399 E. Smith Road, stated she is in 40 favor of the ordinance forwarding Charter Amendment 1 to the County Auditor, for inclusion 41 on the 2008 general election ballot, to provide that each member of the Whatcom County 42 Council be elected by majority vote of the registered voters of Whatcom County (AB2007- 43 467). She owns rental houses in all districts and neighbors on both sides of the Guide 44 Meridian. She and all her neighbors want to vote for all County Councilmembers. Some 45 people thought the ballot measure was a recommendation from the Charter Review 46 Commission. Allow the voters more time to look at both sides of the issue. They are one 47 county. 48 49 Tim Paxton, Bellingham, stated he thanks Councilmember McShane for his hard work 50 on Lake Whatcom. 51 Whatcom County Council, 12/4/2007, Page 5 1 Jim Dalton, Birch Street, Bellingham, stated he has property on Yew Street Road in 2 the urban growth area. He asked why the new density hasn't been approved for that area. 3 He would like to sell his property, but can't until the density is changed. 4 5 Joan Casey, resident, stated she thanks Councilmember Dan 11cShane for all his 6 hard work on the Council. She is in favor of ordinance forwarding Charter Amendment 1 to 7 the County Auditor, for inclusion on the 2008 general election ballot, to provide that each 8 member of the Whatcom County Council be elected by majority vote of the registered 9 voters of Whatcom County (AB2007 -467). Give the voters another chance to evaluate the 10 issue of district -only versus countywide voting. 11 12 13 OTHER ITEMS 14 15 10. ORDINANCE FORWARDING CHARTER AMENDMENT 1 TO THE COUNTY 16 AUDITOR, FOR INCLUSION ON THE 2008 GENERAL ELECTION BALLOT, TO 17 PROVIDE THAT EACH MEMBER OF THE WHATCOM COUNTY COUNCIL BE 18 ELECTED BY MAJORITY VOTE OF THE REGISTERED VOTERS OF WHATCOM 19 COUNTY (AB2007 -467) 20 21 Brenner stated she spent time reviewing the 14th and 15th amendments and the 22 Voter Rights Act, including the minority report. The Voter Rights Act specifically and only 23 deals with racial and ethnic minorities, and now has been extended to those who don't 24 speak English. She called a Constitutional and Civil Rights attorney in Washington D.C., 25 who said the same thing. It doesn't have to do with liberal versus conservative. 26 27 The Bellingham Herald editorial made incite to riot comments to people based on 28 incorrect information in the article. She had a long, heated discussion with the Editor, who 29 agreed to do a correction. People should be able to trust the Bellingham Herald. The Editor 30 made an opinion without even reading the correct information. She is in favor of the 31 ordinance. She moved to adopt the ordinance. 32 33 She never said anyone was so stupid that they couldn't understand the ballot 34 measure. She found information that even she didn't have two years ago. She didn't know 35 what was happening with the change on the Council two years ago. Countywide voting 36 represents everyone. Now, it's a joke to everyone. 37 38 There was no campaign or comprehensive debate for and against the issue two years 39 ago. There was a movement of people who wanted district -only voting. She was concerned 40 about the ballot title, but didn't make assumptions. She is_ more concerned about every 41 voter in the county losing their ability to get the ears of the majority of councilmembers. 42 She resents the assertion that this is a Democratic ploy. She's not a Democrat or 43 Republican. This is not about political party. She's not addressing problems that the 44 conservatives think they have with the liberals. Years ago, this county decided to go to 45 non - partisan representation. Now, she's in the middle of a partisan debate to which she 46 doesn't belong. Representatives of each district are chosen in the primary election. They 47 still represent their own area. 48 49 Caskey- Schreiber stated a lot of the anger has been directed at her past two races. 50 She did not win her district after the primary election. However, those running a campaign 51 have limited dollars. She chose to focus on Bellingham. That may be a flaw in the system. 52 However, that same process got Councilmember Crawford elected twice, also. As a citizen 53 of district two, she felt that she didn't have representation. She entered a five -way race for Whatcom County Council, 12/4/2007, Page 6 1 the primary, and won both times by 54 percent. She's never insinuated that the voters are 2 stupid. The debate never asked if the citizens want to give up their right to vote for all 3 councilmembers. That's the issue that bothers her. It's worth another vote. If the voters 4 want district -only voting, they'll know for sure after another election. Back then, there was 5 no debate about the issue. Many people have told her they didn't understand. Scott Ayers 6 editorial points that out. He didn't understand what it's about either. If it's that much of a 7 problem, have a community discussion. Nothing the Council is doing is outside of its 8 powers. It is putting the issue back on the ballot for the voters to decide once and for ail. 9 Then they'll know where people stand. Also, she's not running for Council again, so she's 10 not doing this for her own benefit, as she's been accused. 11 12 Nelson stated this is a controversial issue he's endured since 1992. He's long felt 13 there wasn't enough representation for rural landowners. He therefore ran for office. They 14 are better off working together to solve problems rather than separating the community. 15 He understands public frustration when government doesn't go their way. The community 16 must work together and stick together, or it will fail. 17 18 McShane stated that over time, candidates will shift their views to better -fit their 19 districts, given the way campaigns are run. He will find it frustrating to not be able to vote 20 for four of his representatives. The reality is that the majority of the voters has influence. 21 One can't win by just winning in Bellingham. Candidates have to win in the county, also. 22 Candidates must attract a broad spectrum of voters. They can't ignore the residents in any 23 geographic area. District -only voting can create real problems in terms of the road fund 24 and Sheriff service. Governing could become ugly. The voters will decide this issue, not 25 the Council. The voters should hear this debate and think about it before making up their 26 minds. That didn't happen last time. 27 28 Weimer stated he would support the motion. He spends a lot of time in Olympia, 29 Washington and Washington, D.C. It's frustrating to try and talk to someone who doesn't 30 represent his district. He can't get in the door to talk to someone in Olympia who has been 31 elected from Kirkland, for example. Most State and federal representatives have email 32 filters that reject email from those not in the correct zip code. Whatcom County should not 33 end up like that. Councilmembers should represent the entire county. 34 35 Fleetwood stated he would support the motion. The previous ballot title could be 36 construed as ambiguous. There was no campaign two years ago in support for or 37 opposition against the measure. Let the voters decide. 38 39 Crawford stated he did not tell the Bellingham Herald he won because of district -only 40 voting. District -only voting does affect how candidates campaign. It affects how they look 41 at representation and issues positively. When he got to focus on the second district, he 42 focused on the people who live in his part of the county, in a way he'd never done before. 43 That was beneficial. He received a lot of positive feedback about that. It's a better form of 44 government. He's tempted to vote for the motion to allow the public to reaffirm why direct 45 representation is better. He hopes the county residents engage in that debate. However, 46 he likes the system and voted for district -only voting in 2005. The voters had a chance to 47 vote on it then. He's confident they knew what they were doing. 48 49 Brenner stated direct representation means representing everyone in the county. 50 There's never been an emphasis on districts. The district is one's geographical home. The 51 County government is the most local form of government. Nothing gets done at the State 52 and federal level because of all the bickering. County Council meetings are full of debate 53 and discussion. That's democracy at its sloppy best. She's more convinced than ever that Whatcom County Council, 12/4/2007, Page 7 a real debate of this issue needs to happen. That didn't happen before. Also, there wasn't a local voters pamphlet when this issue came up before. There will be pro and con arguments. She will give the public her perspective, as a councilmember, of what's been happening. If the voters want district -only voting, and vote for it, she'll never bring it up again. In the meantime, there needs to be a debate. Crawford stated the Charter intentionally does a review during the odd year election. Should the Council exercise its right to have a supermajority vote for an issue to put on the ballot, he wishes the Council would do this in a year, so it can be done during a year that isn't crowded by a presidential race and other even -year races. He hopes it gets the appropriate amount of attention it deserves. Motion carried 6 -1 with Crawford opposed. PUBLIC HEARINGS 1. RESOLUTION VACATING A PORTION OF TRIGG ROAD, FILED BY PUBLIC UTILITY DISTRICT NO. 1 OF WHATCOM COUNTY, ET. AL. (AB2007 -383A) Weimer opened the public hearing and the following people spoke: Steve Jilk, Public Utility District 1 General Manager, stated this is not an open or maintained public right -of -way. It has dead -ended in Public Utility District property for the last 40 years. It has served only the Public Utility District (PUD). The County has not maintained this section of the right -of -way for the last 40 years. The PUD has done the maintenance. The PUD makes this request because it will benefit the County. The County will receive a small amount of revenue due to the property transfer. It will remove the cloud of ever having the County take on maintenance responsibility. It will allow the PUD to eventually develop more facilities at that location. This will be a small advantage for the PUD to act as a better steward of its property. Crawford asked if they will pay the full assessed value to the County. Jilk stated the adjoining property owner on all three sides is the PUD. Staff recommends that the PUD pay a specific dollar amount based on the County Engineer's review of other property sales in the county. The petition process requires support from property owners within 500 feet of the property proposed for vacation. Patrick Alesse, 4825 Alderson Road, Birch Bay, stated roads should be left open for pedestrians, bicyclers, and bird watchers. He doesn't know if this is a good location for that type of activity. If it is, it should be left open. Hearing no one else, Weimer closed the public hearing. Brenner moved to approve the resolution. Crawford asked if the County policy is to ask for the full assessed value. Jim Perkins, Whatcom County Real Estate Manager, stated they are asking for more than the assessed value. The price is based on a market valuation done in conjunction with Whatcom County Council, 12/4/2007, Page 8 1 the Assessor's Office. The petition is required by law. The price is negotiated. It isn't a 2 good location for pedestrians. 3 4 Motion carried unanimously. 5 6 2. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY FLOOD 7 CONTROL ZONE DISTRICT FUNDING MECHANISM AND LEVELS FOR THE 8 SAMISH WATERSHED SUBZONE THROUGH 2008 (AB2007 -460) (COUNCIL 9 ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 10 11 Weimer opened the public hearing and, hearing no one, closed the public hearing. 12 13 Brenner moved to approve the resolution. 14 15 Crawford asked if improvements have been made from this fund. 16 17 Frank Abart, Public Works Department Director, stated it will take a few years to do 18 anything of any magnitude. There may be plans. 19 20 Kirk Christensen, Public Works Department, stated they are putting that money 21 aside to replace the structure in approximately seven years. There is also ongoing structure 22 maintenance every year. 23 24 Motion carried unanimously. 25 26 3. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY FLOOD 27 CONTROL ZONE DISTRICT FUNDING MECHANISM AND LEVELS FOR THE 28 LYNDEN /EVERSON SUBZONE THROUGH 2008 (COUNCIL ACTING AS THE 29 FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2007 -461) 30 31 Weimer opened the public hearing and, hearing no one, closed the public hearing. 32 33 Caskey- Schreiber moved to approve the resolution. 34 35 Motion carried unanimously. 36 37 4. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY FLOOD 38 CONTROL ZONE DISTRICT FUNDING MECHANISM AND LEVELS FOR THE 39 ACME /VANZANDT SUBZONE THROUGH 2008 (COUNCIL ACTING AS THE 40 FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2007 -462) 41 42 Weimer opened the public hearing and, hearing no one, closed the public hearing. 43 44 Nelson moved to approve the resolution. 45 46 Motion carried unanimously. 47 48 S. RESOLUTION EXTENDING THE CURRENT WHATCOM COUNTY FLOOD 49 CONTROL ZONE DISTRICT FUNDING MECHANISM & LEVELS FOR THE 50 SUMAS /NOOKSACK /EVERSON SUBZONE THROUGH 2008 (COUNCIL ACTING 51 AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 52 (AB2007 -463) 53 Whatcom County Council, 12/4/2007, Page 9 1 Weimer opened the public hearing and, hearing no one, closed the public hearing. 2 3 Caskey- Schreiber moved to approve the resolution. 4 5 Motion carried unanimously. 6 7 6. ORDINANCE AUTHORIZING THE 2008 WHATCOM COUNTY UNIFIED FEE 8 SCHEDULE (AB2007 -459) 9 10 Weimer opened the public hearing and, hearing no one, closed the public hearing. 11 12 Nelson moved to adopt the ordinance. 13 14 Crawford stated certain Planning Department fees are too high, such as the two -lot 15 short plat fee. 16 17 Brenner stated they should amend the Plantation Rifle Range fees, line items 1880, 18 1881, and 1884, to keep the rate at the 2007 rate. People need to use guns appropriately 19 in appropriate places. These fees always go up. It's good to have people know how to 20 handle guns. 21 22 Nelson stated this is not about gun safety. This is for shooting at a target, which has 23 costs to the County. It would be one thing to reduce a fee for training or support some sort 24 of training class. A person doesn't need to handle a gun to learn gun safety. The issue 25 about this is replacing the equipment. 26 27 Brenner stated a person needs to do more than handle a gun to learn gun safety. 28 Learning is done by repetition, not just from looking at a book. It's a very important issue. 29 30 Crawford asked the rate the Custer Gun Club, a private organization, charges to rent 31 its facility. 32 33 Brenner stated she hasn't compared the rates. The County should provide this 34 service without raising the fees. If they want people to have a better understanding of gun 35 safety, don't raise the fees every year. 36 37 Fleetwood stated he's reluctant to change these fees on the fly. He assumes that 38 the department directors considered and presented the fee changes. 39 40 Dewey Desler, Deputy Administrator, stated that'is correct. The County Council 41 provides guidance to the administration annually to have the fees cover the costs. 42 Department directors make an estimate of those costs and fees. 43 44 Fleetwood asked if those fees have been thoughtfully considered. Desler stated they 45 have been. 46 47 Caskey- Schreiber stated the fees aren't that extravagant. The larger fees are for 48 renting the entire facility. One can still buy a family pass for $20 and rent a gun for $5. 49 That's not that expensive for a sport. The people who manage these programs have vetted 50 the costs and fees. She's sure there is a rationale for the fees. 51 52 Brenner stated gun safety is not a sport. The problem is that it's treated as a sport. 53 The County has a lot of services for which it doesn't recoup all the costs. She moved to Whatcom County Council, 12/4/2007, Page 10 1 amend the Plantation Rifle Range fees, line items 1880, _1881, and 1884, to keep the rate at 2 the 2007 rate. 3 4 Motion failed 1 -6 with Brenner in favor. 5 6 Brenner stated they should lower the open space application fee, item 2126. The 7 more difficult it is to preserve and protect open spaces, the fewer the number of people who 8 will want to apply. 9 10 Fleetwood stated it takes considerable staff time to set up appointments, conduct 11 research and field investigations, determine eligibility, prepare staff reports, and do other 12 things. There is a rationale given for the fee. 13 14 Brenner stated it also provides a public benefit to more than offset the cost. Not 15 every County service must pay its own way. Open space is actually a restriction on 16 someone's property. This service is less expensive than buying properties. 17 18 Caskey- Schreiber stated the program has been used and abused in this county. 19 They currently have 36,900 acres in open space. It's temporary to receive reduced taxes. 20 Owners can change their status when they're ready to develop. A fee increase isn't 21 proposed for this year. Every single application has a staff report and goes to the Planning 22 Commission. At some point, the costs should reflect the work involved. Undercutting the 23 fees won't help with the department's staffing problem. 24 25 Brenner stated there is a penalty for someone to take their property out of open 26 space within the first seven or ten years. After that, it shouldn't be considered temporary. 27 It's a long- enough time that people don't just do it to hold for development. There is a big 28 public benefit. 29 30 Weimer stated it doesn't look like there is Council support for the motion. 31 32 Brenner stated amend the zoning - conditional use fee, item 2216. The County should 33 differentiate among all the different uses. Have a tiered fee structure, or don't charge 34 $2,000. 35 36 Crawford asked if the administration would provide feedback on tracking real costs 37 versus what the County collects. He wants to relate the cost of what they're doing with the 38 fee charged. They talked about a method for tracking that information. Desler stated the 39 administration would provide that information to the Council at a meeting in January. The 40 County is experiencing a far higher cost for this service than what it is taking in. The 41 difference is dramatic. 42 43 Crawford stated they were working toward developing a system by which one pays 44 for the services used by the hour. The administration agreed it could possibly track time on 45 a job basis. One person is basically paying the freight for someone else. He agrees 46 philosophically with Councilmember Brenner, but he doesn't have any data to support the 47 changes. 48 49 Nelson stated the zoning variance fee can also be restrictive. It's a matter of scale. 50 Some projects are out of proportion with the fee. They need a system to better - measure 51 that scale of a project. He agrees that some people take up an exceeding amount of staff 52 time. 53 Whatcom County Council, 12/4/2007, Page 11 1 Crawford stated the Finance Committee will take up the issue. The County could be 2 liable. It really must be able to prove that people are incurring these costs. They cannot 3 collect more money than is spent. 4 5 Weimer stated he agrees with Councilmembers Crawford and Brenner. He's heard 6 stories from people on Lummi Island and in other places who are trying to do something 7 fairly simple. The County needs to further define the fees or come up with some kind of 8 hourly service rate. 9 10 Motion to adopt the ordinance carried 6 -1 with Brenner opposed. 11 12 7. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN 13 MAP, TITLE 20 ZONING MAP, AND THE URBAN FRINGE SUBAREA PLAN 14 (AB2007 -318A) 15 16 Weimer read through minor scrivener's errors in the Findings of Fact. When this 17 ordinance comes forward for adoption, it will be a substitute ordinance that makes those 18 small corrections. 19 20 Crawford stated folks are concerned about keeping the written record open until the 21 State Department of Community, Trade, and Economic Development (CTED) finishes a 60- 22 day review. 23 24 Weimer stated the Council will hold the public hearing tonight, but final adoption of 25 this ordinance will be scheduled at a later date. The written record will remain open until 26 January 18. Final action will be scheduled in February. 27 28 Weimer opened the public hearing and the following people spoke: 29 30 Steve LeCocq, 1275 E. Bakerview Road, Bakerview /James Annexation Committee 31 Chair, submitted a handout (on file). There are five assumptions regarding infill and sprawl, 32 density calculations and future growth, urban levels of development and annexation, 33 building infrastructure in annexation areas, and City and County comparable zoning of 34 annexation areas. He read three recommendations from his handout. The City will have to 35 pay the County about $300,000 for road improvements in the urban growth area (UGA). It 36 needs to make financial sense for the City to take an annexation area. 37 38 McShane asked the timing of their annexation proposal. LeCocq stated it's been one 39 and a half years, and they've spent about $20,000. He hopes to have it done by March 40 2008. 41 42 McShane stated he would like to know from staff if the County has a zone for urban 43 residential, mixed use (UR -MX), ten to 24 units per acre. Staff indicates that the County 44 has such a zone. 45 46 Crawford stated the County has a UR -MX zone. The Council ascribes a density to 47 that zone. He asked the motivation for wanting the higher density. LeCocq stated the City 48 may not take the annexation if it costs too much to make changes to an urban setting. The 49 City has taken a more urban approach to that corner. The intersection of James Street and 50 Bakerview Road is more strategic for higher density and mixed use with commercial use 51 thrown in. Therefore, he's assumed it will make the project work better. 52 Whatcom County Council, 12/4/2007, Page 12 Crawford asked if the economic incentive is for the City. LeCocq stated that is his committee's speculation. That's what it appears. Eric Hirst, 1932 Rhododendron Way, Bellingham, stated he represents Futurewise. He described the purpose of Futurewise. The UGA and existing city limits already include enough developable land to meet the forecasted population needs. The UGA needs no expansion. However, he supports the County plan rather than the City's proposal. Concerns with the City's land supply analysis include the high safety factor, land needed for parks, and the use of minimum densities in the UGA. Accommodating population growth is a policy. They want to protect their rural areas and prevent sprawl. Consider resource limits and reducing their environmental footprint by focusing development inside current city limits. Expanding the UGA discourages development within the city limits. The County Council decision will set a precedent for the other UGA's. If necessary, the Council can expand limits next year. Clayton Petree, 2219 F Street, Bellingham, submitted and read from a handout (on file). He is in favor of the City of Bellingham's growth projection numbers. Brenner asked to see the Futurewise document from which Mr. Petree pulls his quotes in the handout. Bill Quehrn, Building Industry Association of Whatcom County Executive Officer, stated he already submitted a detailed document with concerns. Their concerns haven't been addressed, despite the active participation in the process of his members. Results of the process include development leapfrogging over disputed UGA areas, constricted land supply, failure to inventory land properly, and crippling housing affordability. Home ownership in the city falls behind renter occupied housing. He referenced the attachments to his written testimony. A failure to complete this process in time has cost the County grant money. Brenner stated the county has a limited amount of natural resources. She asked when is the point when they run out of space or run out of natural resources. Quehrn stated his written testimony addresses that concern. Mary Dickinson, Building Industry Association of Whatcom County Government Affairs Director, stated the Building Industry Association submitted its testimony earlier in the day. Bellingham does not have enough land to accommodate population projections. Extend the urban growth area to remain compliant with the Growth Management Act (GMA) and have an adequate land supply for affordable housing and a diversity of housing choices. The County didn't choose to do an independent analysis on Bellingham's UGA and land supply. Shortage of land supply causes the cost of housing to rise. Nothing in the GMA requires a city to build out to any percentage before its UGA's develop. Future building within the city limits isn't limited to apartments and condos. There must be a variety of housing. (Clerk's Note: End of tape two, side A.) Jim Dalton, 2158 E. Birch Street, Bellingham, stated he owns land on Yew Street Road. He asked if his land is included in the urban growth area. He would like to sell his property. The Council should pass something. Whatcom County Council, 12/4/2007, Page 13 McShane stated Mr. Dalton's area is up for consideration. The Council will make its decision in February. For Mr. Dalton's area, the County recommends the same number as the City proposed. Darcy Jones, Jones Engineers, stated the Council must take the City's land supply analysis seriously, because the trend is for cities to underestimate their land supply needs. He represents Caitac's Larrabee Springs project. His firm also represents clients that own an approximately equal number of acres of land within the UGA. He is in favor of smart growth, and the correct places to put it. Larrabee Springs is the best candidate for the type of growth they need, which is a dense urban village development. He's analyzed every parcel of land in the city limits, UGA, and five -year review areas. He's also analyzed every type of land use legislation. According to the GMA, growth should occur first in areas already characterized by urban growth and with adequate facilities. Larrabee Springs meets these criteria. He described the benefits of Larrabee Springs. He submitted information (on file). Bill Henshaw, 2653 North Park Drive, Bellingham, stated they've forgotten the 13 goals of the GMA. Those goals were to be balanced against each other. Neighborhoods in the city want to retain their neighborhood atmosphere. However, there will be another 67 percent of multi - family housing and condos. However, they can't extend sewer and water into the urban growth areas, so there is a real conflict. Annexations can't get through right now. The road level of service at Bakerview Road is F. Think about how they go forward with this minimal addition to the urban growth area. It won't work. Carefully study this problem more seriously. Bob Wiesen, 3314 Douglas Road, submitted information (on file). There are numerous legal problems with the proposal. He agrees with the information presented from Clayton Petree and Jack Petree, and wishes to incorporate their testimony into his. Regulatory restrictions on Bellingham's buildable land supply has escalated the cost of homes faster than necessary. Affordable homes are farther away. The County Planning Commission doesn't reflect the broad interests of this community, doesn't understand its responsibility under the GMA, and lately shows disrespect to citizens with differing ideas. Legal advice to the Council and Planning Commission has not been competent or has been ignored. He is against the ordinance. If approved, the City will have to change its Comprehensive Plan and rezone. Jack Petree, 2295 Sunset, Bellingham, submitted information (on file). Stated the process is confusing. The ordinance includes misstatements of fact and a lack of analysis. They don't know how much land is actually available in the UGA's because there's been no analysis. No one knows about the number of transfers of development rights (TDR's), how much land has been consumed by housing, the types of housing built on the land, the number of businesses in the UGA in relation to housing units, or the number of larger parcels that won't be divided. Voting for this ordinance will result in more sprawl. He is against the ordinance. Growth is being encouraged in all the wrong places. Todd Donovan, 2407 Cherry Street, stated he is in favor of the ordinance. This plan is in the spirit of the GMA, to prevent sprawl and preserve low density in the path of UGA's. It's never - ending logic to develop an area just because it's right next to the city limits. Preserve the rural nature of Lake Padden and the Padden watershed. Fred Haskins, 4754 Aldrich Road, stated he is in favor of the ordinance. They don't want growth to expand out any farther. Whatcom County Council, 12/4/2007, Page 14 1 Joan Casey, 1015 W. Toledo, Bellingham, stated the City of Bellingham has a policy 2 to not extend water and sewer services without annexation. She promotes thoughtful 3 growth by figuring out what they are going to really be like in 20 years. If the proposed 4 areas can't be annexed to the city of Bellingham, there will be no municipal water and 5 sewer to these areas. If there is no water and sewer, the areas will use wells and septic 6 systems. However, areas around Bellingham will be developed and won't remain in 7 agriculture. They have to find a realistic balance between no growth and too much growth. 8 9 Donna Macomber, 159 W. Larson Road, stated she is in favor of the ordinance. She 10 attended every meeting on this issue by the County and City Planning Commissions and 11 Councils. The County Planning Commission spent much more time and care than the City 12 on this issue during deliberations. The City's meeting was pre - concluded. The staff had to 13 make their findings match that conclusion. Bellingham must take the population it agreed 14 to take, or decrease its population projection. It must use minimum densities and allow 15 accessory dwellings, upzoning, and taller buildings. The GMA mandates high density cities 16 with lower densities on the outskirts. Rural and agricultural areas must be protected. 17 Remove reference to five -year review areas. Do not expand the UGA. 18 19 Dave Pros, 1466 Roy Road, stated there is a problem with growth accommodation in 20 the greater Bellingham area. The County's proposal isn't a good option. High densities in 21 the furthest areas of Bellingham create expensive infrastructure. There are no hard line 22 boundaries, so Bellingham is ensured to sprawl in the next population projection. Look at 23 the population that Bellingham has asked to accommodate. New City leaders are open to 24 revisiting this population projection. Reduce densities in the UGA to allow a variety of 25 housing options, and not force growth to sprawl into the rural areas, which the current plan 26 will do. Assign Bellingham a workable, lower population projection, and protect the City and 27 County from lawsuits. He is against the ordinance. 28 29 Dean Haverstraw, 4007 N. Ridgeway, Bellingham, stated he represents the Whatcom 30 Football Club (WFC) Rangers. Six months ago, he was approached about a proposal for 31 developing soccer facilities in the Larrabee Springs development. He spent three months 32 investigating the proposal. Supporting something like this is risky for a non - profit group. 33 He does not support growth or sprawl. Larrabee Springs is not sprawl. They are willing to 34 give public amenities to the community. Growth is happening with no amenities. He is 35 against the ordinance. They need to work with the City and developers. Make the 36 developers pay for amenities. The Larrabee Springs developers are willing to pay for 37 amenities. Don't walk away from this opportunity. 38 39 Ted Mischaikov, 909 Harris Avenue, Bellingham, stated he is in favor of Larrabee 40 Springs. It's the right place for Bellingham to grow. It's dry, flat, serviced, and accessible. 41 They are doing a planned community to prevent this development from sprawling. 42 According to the Bellingham land use supply, this is the right time. Bellingham does not 43 have a good supply of single family housing stock. It will not compete with the urban 44 villages being built in other areas. He and his other investors are invested in many areas 45 other than this area. There are different housing types that don't compete. The City did a 46 good job on its plan. 47 48 Patrick Alesse, 4825 Alderson Road, Birch Bay, stated the GMA is not about 49 economics. It's about land use. Transportation and proximity to services are big issues 50 regarding affordable housing. A density of one house per five acres is not rural. Services 51 are still provided to rural housing. 52 Whatcom County Council, 12/4/2007, Page 15 David McCleod, 2123 C Street, Bellingham, asked at what point they run out of space. They experienced 2.2 percent growth in Whatcom County last year. At that rate, the population will double in 32 years. Do not expand the UGA's. Dennis Jones, 1487 Sudden Valley, stated that if they so choose, they can save Chuckanut Mountain. That will save them about 3.25 per $1,000 of assessed valuation that they don't pay for infrastructure. Save that watershed. Designate areas to preserve, including Lake Whatcom. They also need areas to designate for growth so there can be affordable houses. They must identify and plan for areas to preserve and find the Conservation Futures funds for them. Bob Tull, attorney, stated he represents the Caitac Larrabee Springs project. He already submitted information. The proposed ordinance has a lot of problems, which are detailed in his letter. The City attempted to balance competing interests. To do smart growth projects, they must be on larger properties. Projects like Larrabee Springs offer a significant opportunity for this community to go through a master planning process with modern regulations and an emphasis on mixing uses and housing types to demonstrate how these things get done. This ordinance guarantees that they will not have well - planned, significant, coordinated projects in the UGA unless the City and County pay all the upfront planning costs. (Clerk's Note: End of tape two, side 8.) Tull continued to state that areas in the UGA can be master planned. John Lesow, Point Roberts, stated the County Planning Commission presented its recommendation for the Bellingham UGA a year ago. It was better than the City's proposal, presented two years ago. The City's plan is a marketing plan, not a land use plan. Bob Wiesen wants growth everywhere. The majority of the citizens don't want the Bellingham's plan. Hearing no one else, Weimer closed the public hearing. The written record is left open until close of business on January 18. (Clerk's Note: The Council took a five - minute break.) CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee. The administration withdrew item 30. Item 41 was withdrawn and replaced by item 57. There is an additional item 58. He moved to approve Consent Agenda items one through 29, 31 through 40, and 42 through 58. Crawford withdrew item 14. McShane withdrew item 16. Brenner withdrew item 44. She asked if they are stuck with three years on item 22. Dewey Desler, Deputy Administrator, stated the Human Resources Manager indicated she will look into the problem. They have a termination clause in the contract if something isn't appropriate for the employees. Whatcom County Council, 12/412007, Page 16 Motion carried unanimously 1. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NORSTAN COMMUNICATIONS, INC. DBA BLACK BOX NETWORK SERVICES FOR A COMPREHENSIVE SERVICE PLAN FOR MAINTENANCE OF TELEPHONE EQUIPMENT AND VOICEMAIL SYSTEM IN THE AMOUNT OF $77,571 (AB2007 -470) 2. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A FIVE -YEAR CONTRACT BETWEEN WHATCOM COUNTY AND DR. GARY GOLDFOGEL FOR MEDICAL EXAMINER SERVICES IN THE AMOUNT OF $345,000 FOR 2008; $355,350 FOR 2009; $366,010.50 FOR 2010; $376,990.82 FOR 2011; AND $388,300.54 FOR 2012 (AB2007 -471) 3. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES RECOVERY CENTER FOR YOUTH DRUG AND ALCOHOL EVALUATION AND SERVICES IN AN AMOUNT NOT TO EXCEED $30,000 (AB2007 -472) 4. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE AND VENDOR IBM FOR COMPONENTS FOR SERVER MODERNIZATION PROJECT IN THE AMOUNT OF $120,478 (AB2007 -473) 5. REQUEST APPROVAL FOR THE EXECUTIVE TO AWARD RFP #07 -107 TO SOLE RESPONDENT, MICHAEL BOBBINK, AND AUTHORIZATION TO ENTER INTO A CONTRACT WITH MICHAEL BOBBINK LAND USE SERVICE, INC. FOR 2008 HEARING EXAMINER SERVICES IN THE AMOUNT OF $82,589.40 (AB2007- 474) 6. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE ARC OF WHATCOM COUNTY TO DEVELOP AND ADMINISTER A SELF - ADVOCACY GROUP FOR YOUNG ADULTS WITH DEVELOPMENTAL DISABILITIES IN THE AMOUNT NOT TO EXCEED $10,000 (AB2007 -475) 7. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE ARC OF WHATCOM COUNTY TO PROVIDE A SAFETY AND SEXUALITY AWARENESS GROUP FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES IN THE AMOUNT NOT TO EXCEED $12,420 (AB2007 -476) S. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM CENTER FOR EARLY LEARNING TO PROVIDE PARENT -TO- PARENT SUPPORT AND RESOURCE COORDINATION FOR FAMILIES OF CHILDREN WITH DEVELOPMENTAL DISABILITIES AND DELAYS IN THE AMOUNT NOT TO EXCEED $29,159 (AB2007 -477) 9. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE ARC OF WHATCOM COUNTY FOR Whatcom County Council, 12/4/2007, Page 17 PARENT COALITION SERVICES IN THE AMOUNT NOT TO EXCEED $20,262 (AB2007 -478) 10. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE NATIONAL ALLIANCE ON MENTAL ILLNESS OF WHATCOM COUNTY TO FUND A COMMUNITY EDUCATION, SUICIDE PREVENTION AND EARLY INTERVENTION THAT WILL PROVIDE MENTAL HEALTH ADVOCACY AND EDUCATION SERVICES TO FAMILIES AND COMMUNITY MEMBERS IN WHATCOM COUNTY IN THE AMOUNT NOT TO EXCEED $30,648 (AB2007 -479) 11. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE HOME PORT LEARNING CENTER FOR EDUCATIONAL SERVICES FOR YOUTH UNDER THE SUPERVISION OF THE WHATCOM COUNTY JUVENILE COURT IN AN AMOUNT NOT TO EXCEED $72,000 (AB2007 -480) 12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WESTERN WASHINGTON UNIVERSITY'S COLLEGE OF BUSINESS AND ECONOMICS SMALL BUSINESS DEVELOPMENT CENTER TO PROVIDE SUPPORT FOR COUNTY BUSINESS RETENTION AND EXPANSION ACTIVITIES THROUGHOUT WHATCOM COUNTY, IN THE AMOUNT OF $45,000 (AB2007 -481) 13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS CHAMBER OF COMMERCE TO PROVIDE SERVICES PROMOTING TOURISM IN WHATCOM COUNTY, IN THE AMOUNT OF $50,000 (AB2007 -482) 14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL COUNCIL — LONELINESS AND ISOLATION PROGRAM PROVIDED THROUGH THE INTERFAITH COALITION IN THE AMOUNT OF $20,000 (AB2007 -483) Crawford moved to approve the request. He is against the motion. He is concerned about this becoming a legacy program. He has no problem supporting senior services. However, he has a fundamental problem with the idea that they aren't doing enough for enough folks, so they need to find folks to provide services to. He is familiar with many services they offer. This is not a vote against senior citizens or the services the County provides. This isn't something they should continue at this time. Brenner stated she has a lot of faith in the Northwest Regional Council and the Interfaith Coalition. This program doesn't cost much money. It provides a volunteer program to provide people access to services who don't otherwise have that access. That's very worthwhile, especially with the elderly. There's a growing number of seniors who don't have access at all. This may be the start of a different kind of program. Nelson stated this was originally a two -year pilot project through the Northwest Regional Council. He asked to hold this to January if possible to get a presentation on the program. Whatcom County Council, 12/4/2007, Page 18 Dewey Desler, Deputy Administrator, stated they can have a presentation on the senior service program. This program is modest. This item is the second of a two -year program. This community has one of the highest population percentages of older people in the state. For 25 years, the County contributes about $550,000 for facilities, services, and programs, which are the best in the state. Approve the contract. They are trying out this program. It's not a legacy. It's designed to use the volunteer capacity. Weimer stated he would like to know more about the entire senior assistance program, but he will vote for the motion. Many people end up in nursing homes because no one checks on them. Caskey- Schreiber stated she will vote for the motion, but the full Council should receive a brief presentation on the program. Invite them to give the Council a presentation. It will help to get the word out about the program. There is an entire population that is disengaged because they're isolated. Motion carried 6 -1 with Crawford opposed. 15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM VOLUNTEER CENTER TO PROVIDE VOLUNTEER SERVICES TO MULTIPLE COUNTY OFFICES AND SERVICE LOCATIONS THROUGHOUT THE COUNTY, IN THE AMOUNT OF $38,000 (AB2007 -484) 16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM / WHATCOM ECONOMIC DEVELOPMENT COUNCIL TO PROVIDE ECONOMIC DEVELOPMENT PROGRAMMING FOR WHATCOM COUNTY AND ADMINISTRATIVE SUPPORT TO WHATCOM COUNTY'S ECONOMIC DEVELOPMENT INVESTMENT PROGRAM, IN THE AMOUNT OF $45,000 (AB2007 -485) Crawford moved to approve the request. McShane stated he served on the Economic Development Council (EDC) for one year, after Councilmember Caskey- Schreiber served on it. The EDC's proposed changes aren't happening. They have created a legacy in funding this contract. The bid was waived on this. They aren't getting much for what they've paid for. Nelson asked if the County must contract with the EDC to administer the Economic Development Investment (EDI) fund. Dewey Desler, Deputy Administrator, stated they don't have to contract with the EDC. The EDC receives funds as a result of their designation by the County from the State to pay for part of their operations. Through this contract, the County provides some funds so the EDC can connect potential applicants with desired private sector operations. The EDC helps a private party work with local government to develop a program that would be eligible for these funds. The County is not required to do this. Crawford stated the Council had a lengthy discussion at budget time last year about budgeting this item, which the Council agreed to fund. It's an important component of what the EDC is staffed to do. This is a fee for service. If the Council is asking to not continue a Whatcom County Council, 12/4/2007, Page 19 contract with the EDC to manage the application process for the EDI program, the Council would have to ask the administration to pursue some other means of managing the EDI program. The Council already had this discussion and made commitments. The EDC is ready to continue management in 2008. Support this contract. If the Council wants to consider alternatives, it can. Caskey- Schreiber stated that as a board member, she watched different interest groups compete for the direction of the EDC. It was dysfunctional and frustrating. She doesn't know what they're doing now. She likes Nancy Jordan. The EDC has become involved in the Farm Conference. That alone warrants some attention. If Ms. Jordan remains in charge, there's hope for the EDC to accomplish something. Crawford stated he agrees with Councilmember Caskey - Schreiber. Ms. Jordan is awesome. She's everywhere. It's a different EDC. Ms. Jordan has done an amazing job. Weimer stated he will also support the motion, but he has concerns. Most proposals before the EDI Board have been from cities. It's appeared that those cities have prepared their materials themselves. He hasn't seen much connection between private and city interests. Crawford stated the EDI funds have to be done by a public entity. Weimer stated that to some degree they look for a connection with a private interest. The EDI helps line them up with a city to work on those things. He hasn't seen that. Most things have come from Ferndale or Sumas, and it's clear they've prepared their own materials. Caskey- Schreiber stated she hopes to begin using those EDI funds for the Kendall Resource Center. Dewey Desler, Deputy Administrator, stated they've set aside $1 million for that program. They may need more, but he hopes not. By Council design, they've set aside 40 percent for County facilities. The 60 percent is distributed among the cities and Port of Bellingham. The EDC helped the County update the Comprehensive Economic Development Strategy (CEDS) document, which is used to qualify for other funds and investments. The Council will review and approve the CEDS early next year. Caskey- Schreiber stated the Foothills area has developed plans for a Welcome Center. Birch Bay is also thinking about something like that. She asked if the County is outreaching to those folks about this program to be a willing partner. Desler stated they haven't. The County has done outreach to help communities be a part of the CEDS document, which is designed to elicit those kinds of comments. Brenner stated she was opposed to EDC funding a number of years ago because it was dysfunctional and ineffective. Now, they're getting better communication and results. Crawford stated he will volunteer to serve another year on the EDC Board. Motion carried 6 -1 with McShane opposed. 17. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE AGREEMENT FOR 257 SHADY GLEN AVENUE, POINT ROBERTS, FOR HOUSING Whatcom County Council, 12/4/2007, Page 20 FOR THE POINT ROBERTS RESIDENT DEPUTY IN THE AMOUNT OF $14,820 (AB2007 -486) 18. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WOMENCARE SHELTER PROVIDING FUNDING TO SUPPORT THEIR SERVICES, IN THE AMOUNT OF $15,000 (AB2007 -487) 19. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND DOMESTIC VIOLENCE & SEXUAL ASSAULT SERVICES TO SUPPORT THE WHATCOM COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE, IN THE AMOUNT OF $50,000 (AB2007 -488) 20. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND U.S. IMAGING, INC. FOR MICROFILM CONVERSION TO DIGITAL IMAGES FOR THE AUDITOR'S OFFICE IN THE AMOUNT OF $20,600 (AB2007 -489) 21. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND HDR ENGINEERING, INC. TO PERFORM A SITE SELECTION PROCESS FOR WHATCOM COUNTY ADULT CORRECTIONS FACILITIES AND SHERIFF'S HEADQUARTERS PROJECT IN THE AMOUNT OF $695,701 (AB2007 -490) 22. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07 -90 TO SUCCESSFUL BIDDER FLEX -PLAN SERVICES, INC. FOR ADMINISTRATIVE SERVICES OF THE DIRECT REIMBURSEMENT DENTAL PLAN FOR UNREPRESENTED EMPLOYEES FOR A THREE -YEAR PERIOD 2008 -2010 IN THE ESTIMATED AMOUNT OF $27,939 ($3.25 PER MEMBER PER MONTH PLUS $600 ANNUAL PLAN FEE) (AB2007 -491) 23. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #07 -91 TO SUCCESSFUL BIDDER APS HEALTHCARE FOR ADMINISTRATIVE SERVICES OF THE EMPLOYEE ASSISTANCE PROGRAM IN THE AMOUNT OF $2.41 PER EMPLOYEE PER MONTH FOR 2008; $2.46 PER EMPLOYEE PER MONTH FOR 2009; AND $2.51 PER EMPLOYEE PER MONTH FOR 2010 (AB2007 -492) 24. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO INTERLOCAL AGREEMENTS BETWEEN WHATCOM COUNTY AND THE CITY OF EVERSON FOR WHATCOM COUNTY DISTRICT COURT PROBATION TO PROVIDE PROBATION SERVICES (AB2007 -493) 25. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO INTERLOCAL AGREEMENTS BETWEEN WHATCOM COUNTY AND THE CITY OF LYNDEN FOR WHATCOM COUNTY DISTRICT COURT PROBATION TO PROVIDE PROBATION SERVICES (AB2007 -525) 26. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO INTERLOCAL AGREEMENTS BETWEEN WHATCOM COUNTY AND THE CITY OF BLAINE FOR WHATCOM COUNTY DISTRICT COURT PROBATION TO PROVIDE PROBATION SERVICES (AB2007 -526) Whatcom County Council, 12/4/2007, Page 21 27. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO INTERLOCAL AGREEMENTS BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR WHATCOM COUNTY DISTRICT COURT PROBATION TO PROVIDE PROBATION SERVICES (AB2007 -527) 28. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO INTERLOCAL AGREEMENTS BETWEEN WHATCOM COUNTY AND THE CITY OF SUMAS FOR WHATCOM COUNTY DISTRICT COURT PROBATION TO PROVIDE PROBATION SERVICES (AB2007 -528) 29. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE REQUEST FROM GENERAL TEAMSTERS LOCAL UNION #231 TO HAVE THE COUNTY PAY HEALTH AND WELFARE PLAN PREMIUMS TEMPORARILY UNTIL THE SUCCESSOR AGREEMENT TO THE MASTER PLAN IS RATIFIED (AB2007 -494) 30. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM COUNTY LEGACY PROJECT IN THE AMOUNT OF $35,000 FOR 2007 AND $35,000 FOR 2008 (AB2007 -495) 31. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE WHATCOM FARM FRIENDS PROJECT IN THE AMOUNT OF $60,000 (AB2007 -496) 32. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND RICK ACKERMAN FOR ASSESSMENT AND TREATMENT SERVICES FOR YOUTH IN THE SSODA PROGRAM IN THE AMOUNT NOT TO EXCEED $15,000 (AB2007 -497) 33. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND JOHN DAVIS FOR ASSESSMENT AND TREATMENT SERVICES FOR YOUTH IN THE SSODA PROGRAM IN THE AMOUNT NOT TO EXCEED $15,000 (AB2007 -522) 34. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND PAT HENDERSON FOR ASSESSMENT AND TREATMENT SERVICES FOR YOUTH IN THE SSODA PROGRAM IN THE AMOUNT NOT TO EXCEED $15,000 (AB2007 -523) 35. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND SHARON WILLIAMS FOR ASSESSMENT AND TREATMENT SERVICES FOR YOUTH IN THE SSODA PROGRAM IN THE AMOUNT NOT TO EXCEED $15,000 (AB2007 -524) 36. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A RENEWAL OF A CONTRACT BETWEEN WHATCOM COUNTY AND VISITING NURSE PERSONAL SERVICES FOR JAIL MEDICAL SERVICES IN THE AMENDED AMOUNT OF $70,424 FOR A TOTAL OF $643,571 (AB2007 -498) 37. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BLAINE FOR THE STORMWATER RETROFIT PROJECT IN THE AMOUNT OF $90,000 (AB2007 -499) Whatcom County Council, 12/4/2007, Page 22 38. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT WITH ELLIOTT BAY DESIGN GROUP FOR DESIGN AND BIDDING SUPPORT SERVICES RELATED TO THE REPLACEMENT OF THE WHATCOM CHIEF IN THE AMOUNT OF $82,720 (AB2007 -500) 39. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT WITH WHATCOM COUNTY FIRE DISTRICT NO. 11 FOR MOVEMENT OF FIRE EQUIPMENT VIA FERRY AS NECESSARY IN EXCHANGE FOR FIRE PROTECTION SERVICES OF DOCK AND FERRY ON THE ISLAND (AB2007 -501) 40. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH SARGENT ENGINEERS, INC. FOR THE 2007 BRIDGE LOADING RATING OF BRIDGES IN WHATCOM COUNTY IN THE AMOUNT OF $38,505 (AB2007 -502) 41. RESOLUTION AMENDING WHATCOM COUNTY VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN AND AUTHORIZING AMENDMENT TO CONTRACT (AB2007 -503) 42. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH DAVID EVANS AND ASSOCIATES INC. FOR ON -CALL SURVEYING SERVICES FOR THE RIVER AND FLOOD DIVISION PROJECTS IN THE AMOUNT OF $75,000 (AB2007 -504) 43. APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 07 -116 TO LOW BIDDER AMERICA WEST ENVIRONMENTAL INC. FOR SUPPLYING ROAD SALT IN THE AMOUNT OF $123.92 PER TON (AB2007 -505) 44. APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 07 -117 TO LOW BIDDER SOUND FORD FOR 19 FULL SIZE POLICE PURSUIT VEHICLES IN THE AMOUNT OF $522,517.63 (AB2007 -506) Crawford moved to approve the award. Benner asked if these are diesel vehicles. Dewey Desler, Deputy Administrator, stated he would have to find out. Changing to a diesel engine will take more time to analyze. The County buys 25 of these each year. He recommends doing more work on shifting to diesel fuel before deciding. One option is to delay this decision. The administration's objective is to move all Public Works Department rolling stock over to diesel engines. He's never talked to the Sheriff about the performance requirements for their vehicles, and whether or not they want diesel over gas engines. That would take more discussion. They have to decide to award the bid or not award the bid. Brad Bennett, Administrative Services Department, stated there are several windows of opportunity to order these vehicles. If they do not order them now, it may be a long wait to get them. Several vehicles are replacements for wrecked vehicles. It would be inconvenient for the Sheriff's Office to delay these. These are pursuit vehicles. To his knowledge, there are no pursuit vehicles with diesel engines. There are very limited specifications for these police cars. There are only about two manufacturers. Whatcom County Council, 12/4/2007, Page 23 1 Frank Abart, Public Works Director, stated that as of about three years ago, one 2 couldn't get a high performance pursuit vehicle with a diesel engine. He has not looked 3 recently. Soon there will be a request before the Council to purchase hybrid dump trucks. 4 5 Brenner moved to hold in Council to the next Council meeting. 6 7 Motion to hold in Council failed 1 -6 with Brenner in favor. 8 9 Motion to approve carried 6 -1 with Brenner opposed. 10 11 45. APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 07 -122 TO SOLE 12 BIDDER SKYLINE STEEL FOR SUPPLYING STEEL PIPE PILES FOR BRIDGE 13 MAINTENANCE IN THE AMOUNT OF $43,327.48 (AB2007 -507) 14 15 46. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE 16 PURCHASE OF AUTOBODY REPAIR SERVICES WITH CEI GROUP THROUGH 17 GITT'S AUTOBODY OF FERNDALE, UTILIZING WASHINGTON STATE 18 CONTRACT IN THE AMOUNT OF $35,000 (AB2007 -508) 19 20 47. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE 21 PURCHASE LUBRICANTS FROM CONOCO PHILLIPS 76, UTILIZING 22 WASHINGTON STATE CONTRACT IN THE AMOUNT OF APPROXIMATELY 23 $35,000 (AB2007 -509) 24 25 48. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE 26 PURCHASE OF THE ANNUAL SUPPLY OF LIGNOSITE FOR DUST CONTROL OF 27 COUNTY ROADS FROM SOLE SUPPLIER, MEENDERINCK, LLC, IN THE 28 AMOUNT OF APPROXIMATELY $50,000 (AB2007 -510) 29 30 49. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT 31 BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES 32 NORTHWEST FOR CASE MANAGEMENT AND MENTAL HEALTH SERVICES IN 33 THE AMOUNT OF $30,900 (AB2007 -511) 34 35 50. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT 36 BETWEEN WHATCOM COUNTY AND OPPORTUNITY COUNCIL FOR WHATCOM 37 COUNTY HOMELESS SERVICE CENTER ADMINISTRATIVE SERVICES IN THE 38 AMOUNT OF $411,830 (AB2007 -512) 39 40 51. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT 41 BETWEEN WHATCOM COUNTY AND SASCO DATA SYSTEMS USING 42 WASHINGTON STATE CONTRACT #T05- MST -014 FOR INSTALLATION OF 43 COMPOSITE FIBER CABLE BETWEEN NORTHWEST ANNEX AND THE CENTRAL 44 SHOP IN THE AMOUNT OF $40,952.44 (AB2007 -513) 45 46 52. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT 47 BETWEEN WHATCOM COUNTY AND BELLINGHAM / WHATCOM COUNTY 48 TOURISM TO PROMOTE TOURISM IN THE AMOUNT OF $152,500 (AB2007- 49 514) 50 51 53. REQUEST APPROVAL FOR THE EXECUTIVE TO AWARD BID #07 -114 TO 52 ANDGAR CORPORATION TO REPLACE , DIELECTRIC UNIONS AT THE 53 COURTHOUSE IN THE AMOUNT OF $69,897.39 (AB2007 -515) Whatcom County Council, 12/4/2007, Page 24 1 2 54. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A TWO -YEAR 3 RENEWAL OF A CONTRACT BETWEEN WHATCOM COUNTY AND FIBER CLOUD, 4 INC. FOR THE PROVISION OF BANDWIDTH AND A SECURE FACILITY FOR 5 THE WHATCOM COUNTY INTERNET CONNECTION IN THE AMOUNT OF 6 $20,580 PER YEAR (AB2007 -516) 7 8 55. REQUEST APPROVAL FOR THE EXECUTIVE TO AUTHORIZE THE PURCHASE OF 9 A MODULAR OFFICE FOR THE PUBLIC WORKS CENTRAL SHOP FROM 10 WILLIAMS SCOTSMAN, INC. IN THE AMOUNT OF $187,442.65 (AB2007 -517) 11 12 56. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO A CONTRACT FOR 13 SERVICES AGREEMENT WITH COMPU -TECH INC. TO DEVELOP THE DESIGN 14 AND TECHNICAL DOCUMENTS FOR PHASE 1 THROUGH 3 OF THE WHATCOM 15 COUNTY ]AIL RMS IN AN AMOUNT NOT TO EXCEED $110,000 (AB2007 -518) 16 17 57. RESOLUTION AMENDING THE WHATCOM COUNTY VANTAGECARE 18 RETIREMENT HEALTH SAVINGS (RHS) PLAN (AB2007 -529) 19 20 58. RESOLUTION APPROVING A SALARY SCHEDULE AND POLICIES FOR 21 UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 2008 22 (AB2007 -530) 23 24 25 OTHER ITEMS 26 27 1. REQUEST APPROVAL FOR THE EXECUTIVE TO ENTER INTO AN INTERLOCAL 28 AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM 29 CONSERVATION DISTRICT REGARDING THE CPAL PROGRAM IN THE 30 AMOUNT OF $110,000 (AB2007 -469) 31 32 McShane reported for the from Natural Resources Committee and moved to 33 approve the request. 34 35 Motion carried unanimously. 36 37 2. ORDINANCE ADOPTING 2008 BUDGET SUPPLEMENTAL REQUEST #2 IN THE 38 AMOUNT OF $16,478,522 (AB2007 -465) 39 40 Crawford reported for the Finance and Administrative Services Committee and 41 moved to adopt the ordinance. 42 43 Motion carried unanimously. 44 45 3. ORDINANCE ADOPTING 2007 BUDGET SUPPLEMENTAL REQUEST #14 IN THE 46 AMOUNT OF $65,946 (AB2007 -466) 47 48 Crawford reported for the Finance and Administrative Services Committee and 49 moved to adopt the ordinance. 50 51 Motion carried unanimously. 52 Whatcom County Council, 12/4/2007, Page 25 1 4. ORDINANCE REQUESTING PROJECT BASED FUNDING FOR PERMITTING AND 2 RIGHT OF WAY FOR THE SLATER ROAD - NOOKSACK RIVER BRIDGE 3 PROJECT AND APPROVAL FOR THE EXECUTIVE TO ENTER INTO CONTRACTS 4 ON BEHALF OF THE COUNTY TO COMPLETE THE PROJECT (AB2007 -452) 5 6 Crawford reported for the Finance and Administrative Services Committee and 7 moved to adopt the ordinance. 8 9 Caskey - Schreiber stated she has reservations about the escalating cost. Figure out 10 a way to get more of it paid for from other sources, or she won't support it as it moves 11 forward. 12 13 Motion carried 6 -1 with McShane opposed. 14 15 6. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN 16 MAP AND THE WHATCOM COUNTY ZONING MAP FROM THE DESIGNATION 17 OF AGRICULTURE TO THE DESIGNATION OF RURAL FORESTRY FOR A 39.5- 18 ACRE PARCEL OF LAND, ASSESSOR'S PARCEL #370522 - 199054 (AB2007- 19 464) 20 21 Fleetwood reported for the Planning and Development Committee and moved to 22 adopt the ordinance. 23 24 Motion carried 6 -1 with Caskey- Schreiber opposed. 25 26 7. YEAR -END COUNCIL APPOINTMENTS TO VARIOUS BOARDS AND 27 COMMISSIONS IN PREPARATION FOR THE YEAR 2008 (AB2007 -406) 28 29 Address and Road Naming Appeals Committee 30 31 Crawford nominated Karen Holmes. 32 33 Nomination carried unanimously. 34 35 Board of Equalization 36 37 McShane nominated Dave Simpson. 38 39 Nomination carried unanimously. 40 41 Horticultural Pest and Disease Board 42 43 Crawford nominated Adam Enfield. 44 45 Nomination carried unanimously. 46 47 Solid Waste Advisory Board 48 49 Brenner nominated Duane Jager. 50 51 Nomination carried unanimously. 52 53 Planning Commission Whatcom County Council, 12/4/2007, Page 26 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 Caskey- Schreiber nominated Ken Mann. Crawford nominated Joel Tarrida. Crawford voted for Tarrida. McShane voted for Mann. Fleetwood voted for Mann. Weimer voted for Mann. Brenner voted for Mann. Nelson voted for Tarrida. Caskey- Schreiber voted for Mann. Kenn Mann was appointed to the Planning Commission. S. EXECUTIVE KREMEN REQUESTS CONFIRMATION OF APPOINTMENTS AND YEAR -END REAPPOINTMENTS COMMISSIONS AND COMMITTEES (AB2007 -519) Brenner moved to confirm the appointments by acclamation. Motion carried unanimously. HIS NEW TO BOARDS, 9. APPOINTMENTS TO THE FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE AND SUB- ZONES (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) (AB2007 -406A) Flood Control Zone District Advisory Committee McShane nominated Ron Bronsema and Robert Knudsen for the two special district vacancies. Nelson moved to approve the nominations by acclamation. Motion carried unanimously. Nelson nominated Robert Bromley and Jaleen Pratt for the impacted cities vacancies and moved to approve the nomination by acclamation. Motion carried unanimously. Nelson nominated Dan McShane, Blake Bostrom, and Chris Hatch to the geographic areas vacancies and moved to approve the nominations by acclamation. McShane nominated Tedd Matts. Caskey- Schreiber voted for Hatch, Bostrom, and McShane. Whatcom County Council, 12/4/2007, Page 27 Nelson voted for McShane, Bostrom, and Hatch. Brenner voted for Hatch, McShane, and Matts. Weimer voted for Hatch, McShane, and Matts. Fleetwood voted for Matts, Hatch, and McShane. McShane voted for Hatch, McShane, and Matts. Crawford voted for Hatch, McShane, and Matts. Chris Hatch, Dan McShane, and Ted Matts were appointed. Nelson nominated Robert Knudsen to the alternate vacancy. Nomination carried unanimously. McShane stated Robert Knudsen applied for the alternate position in case the Council didn't appoint him to the special district vacancy. Acme /Van Zandt Flood Control Sub -Zone District Advisory Committee Nelson nominated Chris Hatch and Robert Strachila. Nomination carried unanimously. OTHER BUSINESS Dewey Desler, Deputy Administrator, stated the administration thanks the Council for a great, productive year. It looks forward to a new year. There will be major capital facilities to address, including the ferry, jail, and other County buildings. They want to work closely together to revitalize many things regarding long -range planning. They will work on budget development for 2009/2010. He thanked Councilmember McShane for his years of wisdom and commitment to the community. Brenner asked for a list of Planning and Development Department positions budgeted for, whether the positions are filled, and who fills those positions. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Caskey- Schreiber stated she attended the Snohomish County Farm Conference last week. She is amazed by what a County Executive who believes in something can accomplish. The Farm Conference was successful. She is impressed with Executive Reardon. Rick Larsen attended and spoke. Over 600 people attended. Since Whatcom County is number one in Western Washington for agriculture, it should try to do something similar. That is her goal for 2008. Brenner asked if they can do something about the amicus brief to support the fishing industry. Whatcom County Council, 12/4/2007, Page 28 1 2 (Clerk's Note: End of tape three, side A.) 3 4 Fleetwood stated he would have to recuse himself from a vote. 5 6 Weimer asked if they've heard from the Prosecutor. 7 8 Brenner stated she has not. 9 10 Weimer stated no councilmembers will write an amicus brief. 11 12 Brenner stated the Council can vote to have the Prosecutor write the brief. She'll 13 talk to him. This affects people from this community. This happened 20 years ago. These 14 people still haven't been paid for their losses. 15 16 Fleetwood stated it wouldn't make much difference. Find out if it would have any 17 meaningful effect. If it would, bring it up in January. 18 19 Brenner stated the deadline is before then. The people who are working on this said 20 it would make a difference. She hopes Dave McEachran will write the brief. She'll talk to 21 him about it. 22 23 Weimer stated they were looking for State support. Local government isn't going to 24 add much to their Supreme Court case. 25 26 Brenner stated they were looking for State support, but they also wanted County 27 support. Every little bit helps. 28 29 Weimer stated he attended the Administrative Finance Committee. One of the big 30 things before that committee is developing a debt policy. Debt is coming their way. The 31 debt policy will allow them to borrow money and have some sense of what the policy is 32 about how the County borrows money. 33 34 Fleetwood stated he and Councilmember McShane have been colleagues for many 35 years. He's proud to have worked with Councilmember McShane, who has done many good 36 things. 37 38 Crawford stated he and Councilmember McShane started on the Council together. 39 He's fond of Councilmember McShane. The differences in how they think about land use 40 issues have become sharper. The collective wisdom of the democratic system and decision - 41 making process work. The purposes and desires of the majority of people in Whatcom 42 County are served. Councilmember McShane has provided leadership, insight, intelligence, 43 and thoughtfulness in everything he does. 44 45 46 INTRODUCTION ITEMS 47 48 Weimer moved to accept the Introduction Item. 49 50 Motion carried unanimously. 51 Whatcom County Council, 12/4/2007, Page 29 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 1. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE /FARM AND AGRICULTURE CONSERVATION, OPEN SPACE /OPEN SPACE AND OPEN SPACE /TIMBER APPLICATIONS (AB2007 -520) REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS McShane stated the Council was very different when he started. He got a lot done his first two years. A minority point of view can get a lot done. Pick the right fights. Councilmember Crawford has a lot of experience and knowledge to share. In the last two years, the Council updated the critical areas ordinance and shoreline management program. That began with a very different Council. People talk about how difficult this work is. It's also great fun. He encourages anyone to run for office. They should enjoy their time on the Council. The County is in great hands. He wishes everyone well. AD30 U RN The meeting adjourned at 11:10 p.m. Jill Nixon, Minutes Transcription Thel.Eou�c l�ppINWd these minutes on February 12 , 2008. •••••COs�'�i ATTEST'. .'F W HqT •• WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON • COUN 00;�)= Dana 13�pwn' -f3 unciI (t r Carl Weimer, Council Chair Imo. y ••�• \ Whatcom County Council, 12/4/2007, Page 30