HomeMy WebLinkAboutCouncil October 23 20071
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WHATCOM COUNTY COUNCIL
Regular County Council
October 23, 2007
Council Chair Carl Weimer called the meeting to order at 7:03 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
Weimer announced there was a presentation on a preliminary hydropower
permit application for Cascade Creek Hydroelectric Power Project in Petersburg,
Alaska (AB2007 -429) during the Committee of the Whole meeting.
Weimer announced the Committee of the Whole also addressed the following items
in executive session.
• Discussion with Senior Deputy Prosecutor Karen Frakes regarding
pending litigation (AB2007 -018)
• Consideration of Motion to Dismiss Appeal (Wynden Holman, Hearing
Examiner File No. APL07- 0009), filed on behalf of Whatcom County
Planning and Development Services (AB2007 -386)
Fleetwood moved to dismiss the Wynden Holman appeal.
Brenner stated it was not submitted in time.
Motion carried unanimously,
• Consideration of request for reconsideration of Council's decision on
appeal (Lake Whatcom Water and Sewer District and Lake Whatcom
Residential Treatment Center, Hearing Examiner File No. CUP06- 0031),
filed by Squalicum Valley Community Association, in conjunction with the
City of Bellingham (AB2007 -321)
Crawford moved to deny the request for reconsideration of the Council's
decision.
Brenner stated she supports the motion because the Whatcom County Code
doesn't allow reconsideration after a final decision has been signed and sent.
Whatcom County Council, 10/23/2007, Page 1
Motion carried unanimously.
MINUTES CONSENT
Brenner moved to approve the Minutes Consent items.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR SEPTEMBER 11, 2007
2. REGULAR COUNTY COUNCIL FOR SEPTEMBER 11, 2007
3. SURFACE WATER WORK SESSION FOR SEPTEMBER 18, 2007
4. COMMITTEE OF THE WHOLE FOR SEPTEMBER 25, 2007
S. REGULAR COUNTY COUNCIL FOR SEPTEMBER 25, 2007
OPEN SESSION
The following people spoke:
John Watts, Bellingham City Council Member, stated that in the matter of water
extension to the treatment center, the City Council directed the City attorney on three
occasions to direct a letter to the County Council. He doesn't know the disposition of those
letters or whether they were timely received. The City's concern continues to be with the
public process. He is very concerned about the inappropriate, possibly illegal, request to
reconsider the Council's decision, The City has a direct interest in the matter. By State law,
the County Council Chair can direct the Prosecuting Attorney to submit information to the
City in response to the City's request. He is not speaking on behalf of the City. He would
like a written explanation of who received the information, when it was received, what
information was passed to the County Council, and when this position was taken.
Lois Garlick, 3014 Lynn Street, Bellingham, submitted and read from a letter
regarding the Nexus program at the border and the treatment of U.S. citizens (on file).
Brenner stated that even though they are friendly with them, the people who do this
are federal employees. They don't work at the local level. Because they are aware of it,
the County should send a letter to their federal representatives to work on and resolve this
problem. The County hasn't made a statement yet, which is very appropriate. Also send a
letter to the Governor.
Elliott Smith, 1920 Alabama Street #1, Bellingham, stated a more effective solution
may be to write a letter to Consul General Lewis Lukens in Vancouver B.C. and Canadian
Consul General Peter Lloyd in Seattle. It may be easier to get things heard between Seattle
and Vancouver than between Ottawa and Washington D.C.
He is writing a masters thesis at Western Washington University on hydroelectricity
and Canada - United States relations. He is available to work on this issue.
Whatcom County Council, 10/23/2007, Page 2
I Cynthia Flora, Bellingham, stated she lived in Petersburg, Alaska for 20 years. The
2 people in Petersburg have a small environmental footprint. Don't invade one of the most
3 popular recreational sites for Petersburg to feed their thirst for cheap energy when these
4 people have a very small footprint. The people of Petersburg, Alaska are very upset about
5 the proposal with Whatcom County. The site is one of their most popular areas for
6 recreation. The area is pristine. What is being presented as a green alternative has many
7 implications for the people there. Many species of fish and wildlife use the lake. With a 45-
8 foot draw down of the lake, a question is whether float planes can land on the lake. Even
9 though a dam is not planned, there would be construction, pen stocks down tidewater, a
10 five -acre staging area, docks, and power houses. Also, there is no existing connection from
11 Ketchikan to the North American power grid. The residents are upset because they will then
12 be tied to the North American grid and subject to all the ramifications of that unstable grid.
13 Currently, their power grid is very secure. They don't want anyone else on it. Fully
14 investigate the safety record of Whitewater, which is the sister company.
15
16 Johnnie Grames, 1506 E. Maplewood Avenue, Bellingham, stated he was
17 disappointed that there won't be much change in the affairs of local government in the
18 judiciary branch of government. The City attorney decided to go to court and take away the
19 initiative petition on the waterfront so it won't be on the ballot. The judge decided to throw
20 it out. Now, the City is threatening to sue the County over the vague wording of the
21 waterline in the Lake Whatcom watershed. He is quite concerned about that. The Mayor
22 and County Executive have a plan for Lake Whatcom so the City and Council work together.
23 The two Councils will have a meeting with the Water District Commissioners. This lawsuit
24 undermines the atmosphere of that meeting, so they are going in the opposite direction of
25 cooperation with the City and people in the community.
26
27 Patrick Alesse, 4825 Alderson Road, Birch Bay, stated the State of Texas isn't hooked
28 to the National Grid. Don't worry about that. One more dam will stop fish. He asked about
29 nuclear power. It actually works. They are easier to maintain in the long run.
30
31
32 PUBLIC HEARINGS
33
34 1. ORDINANCE APPROVING AN INDIRECT CHANGE IN CONTROL OF
35 FRANCHISE- HOLDER GUINESS COMMUNICATIONS, INC. (AB2007 -402)
36
37 Weimer opened the public hearing and, hearing no one, closed the public hearing.
38
39 Caskey- Schreiber moved to adopt the ordinance.
40
41 Motion carried unanimously.
42
43 2. ORDINANCE APPROVING MT. BAKER CABLE, LLC'S PURCHASE OF TELECOMM
44 ASSOCIATES, INC. AND THE SUBSEQUENT CHANGE IN FRANCHISE
45 OWNERSHIP (AB2007 -403)
46
47 Weimer opened the public hearing and, hearing no one, closed the public hearing.
48
49 Caskey- Schreiber moved to adopt the ordinance.
50
51 Motion carried unanimously.
52
Whatcom County Council, 10/23/2007, Page 3
3. RESOLUTION ADOPTING THE WHATCOM COUNTY 2008 ANNUAL ROAD
CONSTRUCTION PROGRAM (AB2007 -382)
Weimer opened the public hearing and, hearing no one, closed the public hearing.
McShane moved to approve the resolution.
Motion carried unanimously.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through six and eight through ten. The
administration withdrew item seven.
Brenner withdrew item nine.
Motion to approve Consent Agenda items one through six, eight, and ten
carried unanimously.
1. REQUEST BY THE WHATCOM COUNTY HOUSING ADVISORY BOARD FOR
APPROVAL OF RECOMMENDATIONS FOR FUNDING AND ENTERING INTO
CONTRACTS FROM 2060 REPAIR & RETENTION RFP #07 -77 IN THE AMOUNT
OF $115,000 (AB2007 -389)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ACCEPT A DONATION OF
.35 ACRES OF LAND (PARCEL #4006350801050000) FOR PARK PURPOSES
FROM THE GLACIER SPRING PROPERTY OWNERS (AB2007 -410)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN THE COUNTY AND THE STATE OF WASHINGTON
ADMINISTRATIVE OFFICE OF THE COURTS AND WHATCOM COUNTY TO
PROVIDE FUNDING FOR THE CREATION AND IMPLEMENTATION OF A
COURT - APPOINTED SPECIAL ADVOCATES PROGRAM IN JUVENILE COURT
ADMINISTRATION IN THE AMOUNT OF $100,000 (AB2007 -411)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT WITH JOHN VON KRUSENSTIERN FOR WAREHOUSE SPACE TO
STORE COUNTY RECORDS IN THE AMOUNT OF $20,864.88 (AB2007 -412)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR YEW STREET ROAD PHASE II IMPROVEMENTS (AB2007-
409)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND QWEST CORPORATION FOR
THE COUNTY'S PABX EQUIPMENT IN THE AMOUNT OF $45,288 PER YEAR
FOR FIVE YEARS (AB2007 -413)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE LUMMI
Whatcom County Council, 10/23/2007, Page 4
NATION FOR THE HAXTON WAY PEDESTRIAN & BICYCLE SAFETY PROJECT
IN THE AMOUNT OF $300,000 (AB2007 -414)
$. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM CENTER FOR
EARLY LEARNING FOR CHILD DEVELOPMENT SERVICES IN AN AMOUNT NOT
TO EXCEED $112,000 (AB2007 -415)
9. REQUEST APPROVAL FOR THE EXECUTIVE TO AWARD BID #07 -94 TO SOLE
BIDDER CLYDE WEST, INC. FOR AN ARTICULATED MOTOR GRADER IN THE
AMOUNT OF $249,406.05 (AB2007 -416)
Brenner moved to hold in Finance Committee for two weeks. She received more
information during today's committee meeting, and would like to do more research.
Crawford stated he agrees with Councilmember Brenner.
Motion carried 6 -1 with McShane opposed.
10. RESOLUTION AMENDING CRP #905016 FOR THE DRAYTON HARBOR ROAD
PROJECT AND AWARD OF CONTRACT TO RAM CONSTRUCTION GENERAL
CONTRACTORS AS LOW BIDDER IN THE AMOUNT OF $1,243,810 (AB2007-
430)
OTHER ITEMS
1. RESOLUTION TO SELL COUNTY TAX TITLE PROPERTY BY NEGOTIATION,
REQUEST #TR2007 -02 (AB2007 -380A)
Weimer reported for the Natural Resources Committee and stated there is no
recommendation from committee.
McShane stated the County Treasurer contacted him last week and said she had
additional information, but he doesn't have it yet. He talked with County staff Sam Ryan,
who had contacted the County geologist, who confirmed that there are no coal beds.
However, it's likely that there is hard rock that may be a good aggregate source. There is
little High quality bedrock in this county. He hasn't received any more information about the
disposition of these mineral rights.
Weimer stated the Treasurer provided information to the Natural Resources
Committee about the history of the property. She didn't have any information about the
bedrock.
Crawford asked why timber is included as part of the resolution. It's clear this is just
about the mineral rights. He asked if it goes back to the owner, who has the timber rights
anyway. This isn't about timber rights. There would be value to those timber rights.
Brenner stated someone owns the property already, and they want the mineral
rights that go with it. The ownership is there. She moved to approve the resolution.
Whatcom County Council, 10/23/2007, Page 5
1 McShane stated that given the geologic evidence of the area, it's not likely the rock
2 value is only $412, given the size of the property. It could potentially be worth much more.
3 The County owns the rock currently. He can't support selling it at this time.
4
5 Nelson stated he understands that people in the rural lands are reluctant to give up
6 timber and mineral rights.
7
8 Fleetwood asked if Councilmember McShane proposes to sell the land with an
9 amendment to reserve the rights to bedrock.
10
11 McShane stated the Council is being asked a fiduciary question. It's not a matter of
12 whether or not they are helping someone by giving them the County's right to the minerals.
13 That fiduciary question has not been thoroughly explored. There may be constraints that
14 doesn't allow that use, but he has yet to hear an explanation.
15
16 Fleetwood asked if time is of the essence on this sale.
17
18 Dewey Desler, Deputy Administrator, stated it is not.
19
20 Weimer stated he agrees that it would be nice to make this property whole for the
21 owners, but he would hate for that to be a pit in the future, for which the County may have
22 to pay thousands of dollars for minerals that it sold for $400.
23
24 Brenner withdrew her motion and moved to hold in Natural Resource Committee
25 for two weeks.
26
27 Motion carried unanimously.
28
29 2. RESOLUTION TO SELL AN EASEMENT OF COUNTY -OWNED PROPERTY ALONG
30 BIRCH BAY DRIVE TO BAY HORIZONS DEVELOPMENT FOR DEVELOPMENT OF
31 STORMWATER OUTFLOW (AB2007 -381A)
32
33 Weimer reported for the Natural Resources Committee.
34
35 McShane moved to approve the resolution.
36
37 Motion carried unanimously,
38
39 3. ORDINANCE INCREASING THE PETTY CASH REVOLVING FUND FOR THE
40 WHATCOM COUNTY FERRY BY $800 FOR A TOTAL PETTY CASH FUND OF
41 $1,800 (AB2007 -399)
42
43 Crawford reported for the Finance and Administrative Services Committee and
44 moved to adopt the ordinance.
45
46 Motion carried unanimously.
47
48 4. ORDINANCE AMENDING THE 2007 WHATCOM COUNTY BUDGET, 11TH
49 REQUEST, IN THE AMOUNT OF $366,701 (AB2007 -400)
50
51 Crawford reported for the Finance and Administrative Services Committee and
52 moved to adopt the ordinance.
53
Whatcom County Council, 10/23/2007, Page 6
Motion carried unanimously.
5. ORDINANCE ESTABLISHING A LEOFF I HEALTHCARE FUND FOR POST
EMPLOYMENT HEALTH CARE AND LONG-TERM CARE COSTS IN THE AMOUNT
OF $3,500,000 (AB2007 -401)
Crawford reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Brenner stated the State legislature did this in the 1970's for six or seven years
before it was withdrawn. They have to deal with the expense that was required for those
years.
Motion carried unanimously.
6. REQUEST FROM COUNTY EXECUTIVE KREMEN AND MAYOR TIM DOUGLAS
FOR APPROVAL OF THE REVISED AND RESTATED INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BELLINGHAM AND WHATCOM COUNTY TO CLARIFY
PARTICIPATION OF WHATCOM COUNTY'S SMALL CITIES IN THE PUBLIC
FACILITIES DISTRICT CREATED BY THE CITY OF BELLINGHAM AND
WHATCOM COUNTY (AB2007 -407)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner asked about Ferndale setting up its own district to do this. She asked if it is
possible to include wording that allows the City of Ferndale to withdraw at some point in the
future, but requires the City to stay in until the current project is finished. Once they have
committed to being in it, they need to stay.
Crawford stated that if the City of Ferndale does not sign, there is not a full
agreement. This gives the County authorization to sign the agreement. Nothing prevents
the County from approving that.
Dewey Desler, Deputy Administrator, stated the legislature requires a project of at
least $10 million for local governments to establish a public facilities district. Not one of the
cities can finance a project of that amount alone. Once the City of Ferndale does its
investigative work, it will find that this doesn't change the amount of revenue it receives
from the State and also that the City wouldn't be able to use the money for anything else,
anyway.
Brenner stated she agrees. However, make a place in the agreement where
someone can opt out in the future as long as they stay committed to any project. Desler
stated projects have to be established by a certain date and a district has a limited time
within which it can use the rebate. Even if Ferndale grows rapidly, it would probably not be
eligible to seek the designation to set up a $10 million project.
Motion carried unanimously.
7. RESOLUTION DIRECTING ADMINISTRATIVE SERVICES TO EMPLOY A
CONTRACTOR TO BID EXCESS MEDICAL PLAN INSURANCE (AB2007 -408)
Whatcom County Council, 10/23/2007, Page 7
I Crawford reported for the f=inance and Administrative Services Committee and
2 moved to approve the resolution.
3
4 Motion carried unanimously.
5
6 S. REQUEST AUTHORIZATION TO PURCHASE A CONSERVATION EASEMENT ON
7 THE EBE FARM PROPERTY IN THE AMOUNT OF $270,400 (A82007 -418)
8
9 Fleetwood reported for the Planning and Development Committee and moved to
10 approve the request.
11
12 Motion carried unanimously.
13
14 9. COUNTY EXECUTIVE KREMEN REQUESTS CONFIRMATION OF HIS
15 APPOINTMENT OF JEFF CHALFANT TO THE WHATCOM COUNTY MARINE
16 RESOURCES COMMITTEE (AS2007 -419)
17
18 Brenner moved to confirm the appointment.
19
20 Motion carried unanimously.
21
22
23 INTRODUCTION ITEMS
24
25 Caskey- Schreiber moved to accept the Introduction Items.
26
27 Weimer asked that Introduction Items one and three go into Finance Committee at
28 the next meeting and that there be a public hearing two weeks after that. He wants to
29 discuss tapping into banked capacity to pay for upcoming water programs.
30
31 Nelson stated legal counsel will have to help with that discussion.
32
33 Crawford asked if this delay hinders the County's ability to collect the taxes.
34
35 Brenner stated the Council has until December to approve these taxes.
36
37 Dewey Desler, Deputy Administrator, they have until the end of November, at least,
38 to approve these items.
39
40 Motion carried unanimously.
41
42 1. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR THE WHATCOM
43 COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2008 (AB2007 -420)
44
45 2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE
46 PURPOSES IN WHATCOM COUNTY FOR THE YEAR 2008 (AB2007 -421)
47
48 3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY
49 CONSERVATION FUTURES PURPOSES FOR 2008 (AB2007 -422)
50
51 4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD
52 PURPOSES FOR 2008 (AB2007 -423)
53
Whatcom County Council, 10/2312007, Page 8
5. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SUBMIT AN
APPLICATION TO THE STATE OF WASHINGTON, OFFICE OF COMMUNITY
DEVELOPMENT TO REQUEST $1,000,000 TO BE APPLIED TO CAPITAL ASSETS
FOR THE EAST WHATCOM REGIONAL RESOURCE CENTER PROJECT (AB2007-
424)
6. APPROVAL TO HOLD A PUBLIC HEARING IN ACCORDANCE WITH GRANT
REQUIREMENTS OF THE COMMUNITY DEVELOPMENT BLOCK GRANT,
OPPORTUNITY COUNCIL'S HOUSING REHABILITATION PROJECT AND
AUTHORIZATION FOR THE EXECUTIVE TO SIGN AND SUBMIT THE FINAL
GRANT BUDGET AND REPORT (AB2007 -425)
7. ORDINANCE AMENDING THE 2007 WHATCOM COUNTY BUDGET, 12TH
REQUEST, IN THE AMOUNT OF $38,491 (AB2007 -426)
8. ORDINANCE AMENDING THE 2008 WHATCOM COUNTY BUDGET, 1ST
REQUEST, IN THE AMOUNT OF $207,655 (AB2007 -427)
9. REQUEST ADOPTION OF A RESOLUTION VACATING A PORTION OF TRIGG
ROAD (AB2007 -383A)
OTHER BUSINESS
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Brenner stated she wants to send letters to the Consulate - Generals, their federal
representatives, and the Governor regarding the Nexus program.
Weimer stated those letters can come forward at the next Council meeting.
Caskey- Schreiber stated the County received a $75,000 grant from the Northwest
Clean Air Agency to match the County's $75,000 for a new bio- diesel fuel tank.
Councilmember Brenner has been advocating for that.
She has been getting a lot of correspondence from Petersburg, Alaska regarding the
presentation on a preliminary hydropower permit application for Cascade Creek
Hydroelectric Power Project in Petersburg, Alaska (AB2007 -429). The Council did
not approve this project. This is the first time she's really heard about it. They should have
another discussion about it. She asked about the process.
Dewey Desler, Deputy Administrator, stated this is an application for a preliminary
permit. It puts the County in line. They aren't proposing to spend any money at this point.
They have to do a lot of research at this point. The administration will request that the
Natural Resources Committee take this issue up at its next meeting.
Regarding Nexus, the administration sent a letter to the Congressional delegation
today. He will give the Council a copy of that letter.
Whatcom County Council, 10/23/2007, Page 9
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ADJOURN
The meeting adjourned at 7:48 p.m.
r.
]ill Nixon, Minutes Transcri ion
The Council approved these minutes on November 20 , 2007.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Whatcom County Council, 10/23/2007, Page 10