HomeMy WebLinkAboutCouncil December 5 20061
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WHATCOM COUNTY COUNCIL
Regular County Council
December 5, 2006
Council Chair Laurie Caskey- Schreiber 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
Carl Weimer
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
Caskey- Schreiber announced there was discussion regarding a Collective
bargaining issue (AB2006 -018) in executive session during the Committee of
the Whole.
Caskey- Schreiber stated the Council presents a certificate of appreciation to Public
Works Director Jeff Monsen for his service to Whatcom County. Mr. Monsen is leaving work
at the County Road Administration Board.
Jeff Monsen, Public Works Director, stated he thanks the Council for its
acknowledgement. Over the years, he will continue to respect the offices they hold. He
thanked the Executive and his staff for the opportunity to provide service to this
community.
Pete Kremen, County Executive, stated they've had a stellar Public Works
Department Director for the past 13 years. He's held in the highest regard statewide. All
are invited to the January 4 farewell for Mr. Monsen from 3 p.m. to 5 p.m. in the Executive's
conference room.
MINUTES CONSENT
Nelson moved to approve the Minutes Consent items.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR NOVEMBER 8, 20016
2. REGULAR COUNTY COUNCIL FOR OCTOBER 24, 2006
3. REGULAR COUNTY COUNCIL FOR NOVEMBER 8, 2006
Whatcom County Council, 12/5/2006, Page 1
1
2 OPEN SESSION
3
4 The following people spoke:
5
6 Dennis Jones, 1487 Sudden Valley, stated he is sorry to hear that Mr. Monsen is
7 leaving. Whatcom County has quality staff. The County is well- respected statewide.
8
9 The Growth Management Hearings Board and Boundary Review Board will not decide
10 whether or not Sudden Valley incorporation is a legal issue. Some have worked on this
11 issue since 1999. They've found that it won't pass code, the Growth Management Act of
12 1990, or the State Environmental Policy Act (SEPA). It's out of whack, even with the
13 existing plans. The budget plan for a city of Sudden Valley is a disaster that won't work.
14 There are other options.
15
16 Similar to the Chuckanut Park District, Sudden Valley should develop its own parks
17 and recreation district within a grander regional parks district. They can work on Blanchard
18 Mountain, Anderson Mountain, and with Skagit County. Scope the district from the
19 southwest of Lake Whatcom to the border, and they will get the 60 percent levy.
20
21 Kris Ungern, 2095 Northshore Road, stated he is amused by general fund budgeting
22 process. The Council and Executive allowed the cumulative reserve fund to exceed the
23 limits set by the Revised Code of Washington (RCW) 96.40.090 regarding reserve fund and
24 cash flow. To reduce cash reserves, the Council and Executive violated RCW 36.33.020
25 regarding establishing an advance reserve fund for specific purposes. The money in a
26 designated reserve fund may not be used for any other purpose without an approving vote
27 in an election. The Council showed a lack of discipline by approving $1.5 million of
28. additional spending in the two -week period after the Executive submitted a recommended
29 budget. No choices were made based on demonstrated needs and identified priorities. It is
30 likely that most councilmembers got money for their individual pet projects, demonstrating
31 a blatant lack of fiscal responsibility.
32
33 He was amazed to see that funds were held back for the 2007 Ski -to -Sea race with
34 conditions placed on the Chamber of Commerce before funding is resumed in 2008. This is
35 contrast to funding without conditions to Leadership Whatcom, Legacy Planning, and other
36 activities that benefit local, partisan political activists. It seems the reason is vindictiveness
37 toward individual Chamber of Commerce members. If so, the public deserves more grown
38 up behavior from the elected officials.
39
40 Tim Paxton, 2120 Ellis Street, stated Sudden Valley has sufficient signatures on its
41 petition regarding its request to incorporate. The County is quickly running out of options to
42 shut down this process. The City of Bellingham is gearing up for a legal battle against the
43 Boundary Review Board to stop the incorporation. People in Sudden Valley seem to think
44 that the ordinance granting urban growth area (UGA) status has never been rescinded. He
45 suggested that the County Council look for ways to block the effort. The next step for
46 Sudden Valley is to submit financial information.
47
48 Earl Baker, 6859 Hannegan Road, Everson, stated he appreciates the County road
49 crews clearing roadways. He submitted a petition to the Council to reduce the speed limit
50 on Hannegan Road from 35 miles per hour to 30 miles per hour, approaching the
51 intersection with State Route 544, which is the Pole Road. Statistics from 2004 indicate
52 that there were 13,750 autos that go through that intersection daily. This year, the traffic
53 amount could be 15,000 autos daily. The community within one mile is larger than most
Whatcom County Council, 12/5/2006, Page 2
I people realize. There are about 350 homes, 30 businesses, and a population of about 700,
2 which is larger than other communities in the county. They are not incorporated, but there
3 is a lot of traffic. Folks like to walk for exercise or get to the convenience store. The
4 community is larger than Acme, Glacier, Deming, Van Zandt, Nugent's Corner, and
5 Wickersham. Excessive speeds occur on a regular basis. The petition has 114 signatures
6 supporting this cause.
7
8 Dan Gibbety, 873 East Pole Road, Lynden, stated he asks the Council to sign a letter
9 to Washington State Department of Transportation Secretary McDonald regarding reducing
10 the speed limit on Pole Road within 1/4 -mile on the east side and west side of Hannegan
11 Road. Reduce the speed to 30 mph. A traffic light is being installed. There is a lot of traffic
12 from the gravel industry that moves quickly down the road. Many elderly people walk in
13 that community, right by the Raspberry Ridge golf course. The speed limit of 50 miles per
14 hour is too fast. Send a letter to state legislators. His petition has 142 signatures from
15 citizens in the area.
16
17 Johnnie Grames, 1506 East Maplewood Avenue, Bellingham, stated Judge Matthew
18 Elich ran for office unopposed. Judge Elich blocks due process and the confidential
19 complaints he's made about Judge Elich to the Judicial Conduct Commission. The Judge
20 blocked his hearing. He doesn't know how to access the court. He has tried everything
21 possible. No one on the Council has helped him with his problem. Judge Elich is the chair
22 of the Coordinated Judicial Response to Domestic Violence Committee, which targets men
23 and fathers like him.
24
25 Jesse Solomon, 401 -16th Street, stated he has applied for a vacant position with the
26 Whatcom County Planning Commission. He discussed his background. Growth is the
27 biggest issue facing Whatcom County. He asked for the Council's vote. As an attorney, he
28 is to give advise without preconceived ideas. He would take a balanced approach.
29
30 Ken Mann, 710 East Maryland Street, Bellingham, stated he is in support of Jesse
31 Solomon for Planning Commission. Mr. Solomon proved during his campaign that he is
32 tireless. He is dedicated and willing to work hard.
33
34 John Lesow, 317 Madrona Place, Point Roberts, stated he is in favor of Jesse
35 Solomon for Planning Commission. They need young men and women on County boards.
36 Many vacancies on the boards and commissions go on for years. They need people who
37 have enthusiasm and dedication that young men and women can provide. Planning is a
38 people business. Mr. Solomon has outstanding interpersonal skills and is a lawyer, which is
39 another asset.
40
41 Bob Wiesen, 3314 Douglas Road, stated he doesn't know if they need more lawyers
42 on the Planning Commission. Build up the land supply. Bellingham's urban growth area is
43 Bellingham's problem. If the County doesn't complete the GMA update by April, it will be
44 out of compliance. Get real. They need real solutions to real problems.
45
46
47 CORRESPONDENCE DENCE APPROVAL
48
49 1. APPROVAL TO SEND A LETTER TO TRANSPORTATION SECRETARY DOUGLAS
50 MACDONALD REGARDING STATE ROUTE 544 (AB2006 -057)
51
52 McShane moved to approve the letter.
53
Whatcom County Council, 12/5/2006, Page 3
Caskey- Schreiber stated the problem is that the speed limits now are 35 miles per
hour on Hannegan Road and 50 miles per hour on East Pole Road. As the State designs this
intersection, it will have to put more money into the sidewalk barriers because of the high
speed limit.
Nelson asked if 30 miles per hour is consistent within the county.
Jeff Monsen, Public Works Director, stated the average speed limit in the county is
35 mph, but each area needs to be looked at individually. The County Council is the
ultimate decision -maker regarding speed limits on Whatcom County roads. The State has a
technical, procedural process it goes through. However, engage the Secretary of
Transportation is appropriate. As a signal goes in, rather than a four -way stop, there needs
to be an effort to reduce the prevailing speed through the intersection. He agrees that the
speed limit on the Pole Road needs to be reduced, but he doesn't know to what level. It
doesn't influence the cost of the design of the intersection.
Crawford stated it's appropriate to ask the State to analyze an appropriate speed for
the intersection rather than have the Council try to decide the appropriate speed.
Caskey- Schreiber stated the citizens and County staff have talked with the State
representatives, who base it on the rate of speed the cars are traveling now. The 80th
percentile of the cars going through that intersection are going 50 miles per hour. That's
the State's argument for keeping the speed limit at 50 miles per hour.
Crawford stated that if the State is making inappropriate decisions, the County has
a higher level of recourse. However, he's not clear on how they decided on a speed limit of
35 miles per hour.
Caskey - Schreiber stated that decision was based on having the speeds consistent
through the entire intersection.
Crawford stated they would all be happy if they can come up with a solution to make
that intersection safer. Be careful about some of the language in the letter. The letter as
written implies that the Van Boven gravel company has caused fatality accidents. That's not
appropriate. He will not support this letter in the form it was written.
Brenner stated she has seen near misses and accidents on those roads. Since the
County is paying for the traffic light, the Council should be able to set the speed limit. The
speed limit should be the same on both the Hannegan and the Pole Roads.
Fleetwood stated he agrees with Councilmember Crawford about referencing
individual names. The sentence and point is just as strong by removing "Van Boven Mining
Company." It's not necessary in that paragraph.
McShane accepted the suggestion to amend the last paragraph on the first page
as a friendly amendment to his motion to approve the letter, "Whatcom County has
committed ... SR 544 is a major truck thoroughfare for the gravel industry. Several active
mining operations are located less than
five miles east of this intersection. Frequently, these trucks ...." He has also seen traffic
drive fast through that intersection. He never realized the speed limit on East Pole Road
was 50 miles per hour at that intersection. Given all the commercial and residential
activity, he hopes the State looks at this issue carefully.
Whatcom County Council, 12/5/2006, Page 4
Earl Baker, 6859 Hannegan Road, stated he witnessed the trucks of all varieties
come from Canada, the mining community, and general shipping. The citizens are alarmed
and want the speed reduction. It's appropriate to eliminate the reference to the specific
mining company. lust reference that there have been several fatalities.
Recently, a telephone pole was hit and brought down. A sheriff deputy commented
to a resident that there many vehicles that hit the telephone poles and go into the ditch.
Everyone is concerned. The community would accept a limit of 35 miles per hour. Also
consider other measures to reduce speed on the Hannegan Road. Not many vehicles travel
Hannegan Road at 35 miles per hour.
Caskey - Schreiber stated there have been three fatality accidents east of this
intersection on East Pale Road. Two of the accidents involved double - trailer trucks.
Nelson suggested a friendly amendment to amend the letter by amending the
sentence, " , therefere they dFive aggressively
en this read (fatality aeendents in the past few years have eEEUFr-ed furtheF east ef this
inter-seetlen en SR �44). A reduction in speed would reduce, aggressive driving that could
be associated with fatalities or accidents. Therefore, we feel...."
Caskey- Schreiber stated she is fine with the friendly amendments.
McShane accepted the friendly amendment.
(Clerk's Note: End of tape one, side A.)
Dan Gibbety, 873 East Pale Road, Lynden, stated any other State highway in the
county reduces to 35 miles per hour. That's one of the reasons the speed was chosen. It
may be scientifically arbitrary, but it was typical of what happens through a community.
The State Patrol officer fully supported the idea. He would have liked to sign the petition,
and said that anything they can do to reduce the speed limit at that intersection would be a
help to the State Patrol, which goes on many calls at that intersection.
Brenner stated that's why the County is spending money on the intersection.
Motion to send the amended letter carried unanimously.
2. APPROVAL OF A LETTER SUPPORTING THE WHATCOM FILM ASSOCIATION
(AS2006 -057)
Fleetwood moved to approve the. letter. It is trying to develop a new cultural
center on Bay Street. Through the State Department of Community, Trade, and Economic
Development, it is seeking a building for the arts grant. The association is seeking as much
support as possible. The letter would indicate the County Council's support when the
association lobbies the legislators.
Motion carried unanimously.
PUBLIC HEARINGS
1. ORDINANCE ADOPTING THE 2007 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB2006 -440)
Whatcom County Council, 12/5/2006, Page 5
This item was withdrawn from the agenda.
2. ORDINANCE AMENDING, ON AN INTERIM BASIS, WCC, TITLE 20 BY ADDING
A NEW CHAPTER 20.78 ESTABLISHING DEVELOPMENT REVIEW
PROCEDURES ENSURING THAT ADEQUATE TRANSPORTATION FACILITIES
ARE AVAILABLE OR PROVIDED CONCURRENT WITH DEVELOPMENT, IN
ACCORDANCE WITH THE GROWTH MANAGEMENT ACT (AB2006 -443)
Caskey- Schreiber opened the public hearing and the following people spoke:
Doug Robertson, 900 DuPont Street, Bellingham, submitted a letter (on File). If
there is proposed changed language, they have to have another public hearing with
opportunity for input. This ordinance fails the primary purpose of concurrency before the
Growth Management Act (GMA). The ordinance doesn't explain how the County promotes
development of infrastructure in areas where the County has deemed growth will go. His
clients want a level playing field and a clear expectation of what is required to develop land
in this county. Ordinances need to be enforced uniformly and with clear expectations. The
proposed ordinance isn't specific on what mitigation measures can and can't be imposed,
how they will be allocated, and where the money will go.
There are four reasons why this proposed ordinance is void. First, it is
constitutionally vague. There are no standards on what can and cannot be adopted. It
allows arbitrary and capricious standards to be adopted. Second, the ordinance allows
denial of concurrency to result in an incomplete application. That violates common law and
statutory law regarding vesting. Third, the ordinance violates the one public meeting on
any application rule. This will end up in more than one public hearing. Last, there is a
violation of Revised Code of Washington (RCW) 36.78.070 on applications causing
transportation at a level that allows the level of service to drop below the standard. Most
roads in Birch Bay are already below the level of service. There is no emergency. He will
work with staff. Do this in January.
McShane asked if the County should be denying approval in Birch Bay if they are not
meeting level of service.
Robertson said they should not deny approval. Grant the permit, but don't allow
building until the solution to the problem is identified and they make sure the procedure is
in place to have that problem fixed within six years of the date of occupancy. Allow land
development entitlements now, and limit occupancy until the deficient transportation facility
is corrected or the procedures are in place to correct the facility.
Brenner stated nothing in State law prevents the County from making it concurrent
to the time, and not six years out. The County could say that there is no occupancy until
it's done.
Mary Dickinson, Building Industry Association (BIA) of Whatcom County
Governmental Affairs Director, stated they do need a concurrency ordinance. However, this
ordinance is not it. It will not hold up in court according to the GMA. The Council should
have a work session on it in January. Is not legally defensible. The public needs an
opportunity to review the changes. This ordinance puts the entire burden on one group of
people. If levels of service are too high to stop growth, it violates the GMA. Things in the
ordinance are undefined. There is no explanation of community responsibility for
concurrency and local government interest. There are concerns about impacts to
Whatcom County Council, 12/5/2006, Page 6
Washington State vesting laws. She will be happy.to work with the Council. Do the interim
ordinance right.
Dennis Jones, Sudden Valley, stated they know that Lake Whatcom Boulevard
doesn't meet current levels of service. The loading levels of the lake is beyond acceptable.
They shouldn't send concurrency back into court. He hopes the BIA of Whatcom County will
see what they can do.
Bob Wiesen, 3314 Douglas Road, stated this points to a lack of planning efforts. The
planning priorities doesn't have anything to do with where the funds are needed or where
the projects need to be done, based on actual growth. What the planners are doing don't
match what the Engineering Division thinks should be done.
Hearing no one else, Caskey - Schreiber closed the public hearing.
Crawford stated it seems like the Council should wait and explore Mr. Robertson's
suggestions. He read from page three of the BIA letter regarding denial of development as
a regulatory response to the absence of concurrency. He asked if the County must change
the Comprehensive Plan.
Hal Hart, Planning and Development Services Director, stated the Washington
Administrative Code (WAC) allows choices. One choice is to change the Comprehensive
Plan.
John Everett, Planning and Development Services Department, stated there are
three parts to concurrency. They are concurrency, financing, and capital facilities planning.
If one of the three falls short, the others need to be changed appropriately. They are
already planning to bring forward Comprehensive Plan amendments as they go through the
long -range project. They could add some language to the ordinance to reinforce the
requirements that the County respond to service efficiencies in a manner consistent with the
Comprehensive Plan and GMA.
He spent today reviewing the proposed changes from Mr. Robertson to see if there
are ways the Council could respond with text changes. Mr. Robertson was using an old, first
draft of the ordinance. Some of his minor issues have already been addressed.
Hart stated they need more time to understand the points of view of the BIA and Mr.
Robertson. He suggested that the Council put the ordinance in committee and start working
on it in January. There will also be a special district ordinance coming forward soon.
Brenner stated she is trying to see what is in the interim ordinance that makes a
difference and is different from what they already have. She asked what is in the ordinance
now that wasn't there before. Hart stated a whole new chapter gives direction,
administrative procedure, and process. It creates a program that doesn't exist today. It
provides greater predictability. It is to invest in the infrastructure with the development
community, so that the development community in Whatcom County understands that they
have to put money into building road infrastructure. This ordinance is the ground rules for
how that works.
Brenner states she doesn't see how this ordinance gives concurrency. It gives
direction. Everett stated one sentence of our current code deals with concurrency. This
allows staff more options so that they can show they are enforcing GMA's requirements. It
Whatcom County Council, 12/5/2006, Page 7
sets forth opportunities for the County to approve a project with conditions. It allows more
creative ways to cover funding shortfalls on projects.
Fleetwood asked if this ordinance allows the County to add conditions that it wouldn't
otherwise be able to get through SEPA. Everett stated the ordinance allows opportunities
for mitigating the impacts and take credit for some of the work that the County will try to
achieve in that six year period.
Fleetwood asked if there are benefits to passing this ordinance now rather than
waiting for forty days and improving it. Hart stated the ordinance is good now, but it can be
made better. He recommended holding it in committee.
Nelson stated he has concerns about how this applies to subdivision. They should be
able to find alternatives for an applicant to address a concurrency issue. Everett stated
they could have easily made the ordinance twice as long by trying to include every possible
way that a project could overcome any possible hurdle. They set forth categories of things
they could do. They didn't want to preclude any creative solutions. Concurrency is to make
sure that, when everything is done, there is an adequate service. There is a multitude of
ways to mitigate project impacts. He doesn't anticipate that staff will have to use this
interim ordinance much.
Nelson asked if it is common for public facilities to not have an impact on
concurrency. Everett stated it's a local option.
Hart stated they could also exempt low- to moderate - income housing projects.
There are many things that the community could choose to exempt.
Nelson stated some recreational facilities put a lot of load on a road during peak
times. Hart stated they need to look at the greater community good of having parks and
recreation facilities.
Weimer asked what they would lose if they don't pass this ordinance tonight. Hart
stated that new applications are coming in every day. Each day, they receive inquiries on
subdivisions. Another pia days means more developments will begin in the county.
Weimer stated he doesn't know what in the ordinance would make a difference. Hart
stated this is one part of several components they're bringing forward. This is the start of
the framework that is coming forward to the Council within the next year. This one lays the
groundwork for the next one.
McShane moved to hold in committee to January. Allow staff time to evaluate the
proposed changes. Make sure the developers get behind this. He's fine with taking time to
get this right.
Brenner asked for a legal opinion.
Royce Buckingham, Prosecutor's Office, stated he can't give a considered legal
opinion on this yet. There are little things that can always be improved. They are asking
for clarification, not flaws. The ordinance won't get thrown out. It is not facially invalid.
(Clerk's Note: End of tape one, side B.)
Whatcom County Council, 12/5/2006, Page 8
Buckingham continued to state that levels of service dictate exactly what they need
to do. If they can meet the levels of service, they are good to go. He doesn't agree that
there aren't standards. The standards are there and will hold up to constitutional analysis.
He hasn't had time to review the proposed changes by Mr. Robertson to the ordinance. He
doesn't see a problem with the original ordinance but wants to talk to Mr. Robertson to
discuss his suggestions.
Brenner stated she will vote on this now if the ordinance will do something for
applications that come in between now and when it could be postponed.
Fleetwood stated the question is what those things are. Buckingham stated people
want predictability. This lays out the options with findings that everyone approved of. They
will have a better ordinance than before.
Hart stated the ordinance gives the County a roadmap it didn't previously have. He
doesn't know what applications will come in tomorrow or the next day. Sooner or later,
they have to have a functional ordinance that deals with this. However, make sure they've
caught everything. They don't want to be distracted by a legal case as they work on the
larger issue.
Buckingham stated he recommends that the Council wait because he doesn't want a
legal case, and would like to look at it again. However, it's the Council's decision.
Nelson stated he will support the motion because the community is working
together. He's hearing that the people who initially didn't support impact fees are now
saying that they need a good concurrency ordinance. Make sure they all work together to
get this resolved so the community agrees on it.
Brenner said she is concerned about the applications that will come in to the
Planning Department before they adopt the ordinance. She's not sure how much better this
will protect them. This will only be in place a short time, so she hopes they don't get sued.
However, if they don't do anything right now, it is going to get a lot worse.
Caskey - Schreiber stated they support this. It is an interim ordinance. They can
fine -tune the final version. They cannot allow development add up without mitigating its
effects. This is not the total solution.
Fleetwood stated he is also torn, but leans toward passing the ordinance tonight.
There are some benefits to this. If the Council commits to amending the interim in January,
he will support this ordinance tonight.
Motion to hold in committee failed 3 -4 with Nelson, McShane, and Crawford
in favor.
Motion to adopt carried 6 -1 with Crawford opposed.
3. COMMUNITY DEVELOPMENT BLOCK GRANT CLOSEOUT — BIRCH BAY VIEW
SEWER INSTALLATION PROJECT (AB2006 -444)
Caskey- Schreiber opened the public hearing and the following person spoke:
Roger Brown, Birch Bay Water and Sewer District Manager, stated he thanks the
Council, Executive, and the Executive's staff for their work on this. This has been a
Whatcom County Council, 12/5/2006, Page 9
successful project. They have taken care of the environmental and public health problems
with the failing systems, on terms that were affordable to the property owners. They were
able to get a development block grant with the help of the Council and Executive.
Brenner asked if there is opportunity for more grants as they find more failing
systems. Brown stated the grants are few and far between. When they put in onsite
systems in areas designated for urban densities, they will have problems at some point.
Once they're in, it's difficult to take care of the problem without some kind of outside
funding. They tend to be islands with high unit costs.
They did not use a local improvement district process, which creates a lot of political
opposition. The opportunities for litigation is significant. The amount charged is based on
the extraordinary increase in the value of the property, which is inherently debatable. They
used the specific cost of the project to produce the fee.
Caskey - Schreiber asked if they are going to remove the non - performing septic
systems, now that they are on a sewer system. Brown stated they don't do that. The
County Health Department has a standard for abandoned tanks.
Hearing no one else, Caskey- Schreiber closed the public hearing.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through 19.
Caskey - Schreiber withdrew item nine.
Weimer withdrew items five and six.
Motion to approve Consent Agenda items one through four, seven, eight,
and ten through 19 carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -121
TO, AND ENTER A CONTRACT WITH THE LOW BIDDER, WALKER'S CARPET
ONE, INC., FOR THE PURCHASE OF SUPPLY AND INSTALLATION OF
FLOORING AT THE BELLINGHAM SENIOR CENTER, IN THE AMOUNT OF
$42,328.04 (AB2006 -447)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -126
TO LOWEST RESPONSIVE BIDDER, JERRY CHAMBERS CHEVROLET, FOR THE
SUPPLY OF A DIESEL CUBE VAN WITH A FORWARD TILT CAB, IN THE
AMOUNT OF $40,319.92 (AB2006 -448)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #06 -127
TO LOW BIDDER, SOUND FORD, FOR THE SUPPLY OF FIFTEEN POLICE
PURSUIT VEHICLES, IN THE AMOUNT OF $412,136.16 (AB2006 -449)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
AGREEMENT BETWEEN WHATCOM COUNTY AND TELUS COMMUNICATIONS,
INC., ALLOWING WHATCOM COUNTY TO DEMOLISH AN OLD
TELECOMMUNICATIONS BUILDING OWNED BY TELUS COMMUNICATIONS
Whatcom County Council, 12/S/2006, Page 10
LOCATED WITHIN LIGHTHOUSE MARINE PARK, AND TRANSFERRING ITS
INTEREST IN THE PREMISES AND BUILDING TO WHATCOM COUNTY, AS
WELL AS PROVIDING $6,000 TOWARD DEMOLITION COSTS (AB2006 -450)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM / WHATCOM
CHAMBER OF COMMERCE AND INDUSTRY PROVIDING FUNDING FOR
ADVERTISING AND PROMOTION OF THE ANNUAL SKI TO SEA FESTIVAL, IN
THE AMOUNT OF $29,000 (AB2006 -451)
Crawford moved to approve the request.
Weimer stated he voted against this item in committee because the contract is
vague, not because he is against the Ski to Sea race. The contract doesn't say for what the
money will be used. He's not sure that $29,000 of County money is needed for promotion,
when the event has been going on this long. The event would go on without the County's
contribution. Other community programs probably could use money for promotion.
Brenner stated the contract is similar to what it's always been. She knows what they
do for promotion. The Ski to Sea Festival really defines Whatcom County. The Chamber
owns the right to the festival.
Motion to approve carried 6 -1 with Weimer opposed.
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM / WHATCOM
COUNTY TOURISM TO PROVIDE SERVICES PROMOTING TOURISM IN
WHATCOM COUNTY, IN THE AMOUNT OF $98,000 (AB2006 -452)
Crawford moved to approve the request.
Weimer stated he voted against this item in committee because the contract is
vague. They have plenty of tourism in Whatcom County. Do more targeted tourism efforts.
Lots of these people are moving here.
Nelson stated a major element of the economic chapter of the Comprehensive Plan is
promoting tourism in Whatcom County, as a clean industry that provides lots of jobs in the
community.
Brenner stated she agrees with making sure the tourism money is very specific and
targeted. Do that next year. The County has always supported this because it is a clean
industry that provides jobs to the community.
Motion to approve carried 6 -1 with Weimer opposed.
7. 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 (AB2006 -453)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WOMENCARE SHELTER
Whatcom County Council, 12/5/2006, Page 11
PROVIDING FUNDING TO SUPPORT THEIR SERVICES, IN THE AMOUNT OF
$15,000 (AB2006 -454)
9. 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 (AB2006 -455)
Crawford moved to approve the request.
Caskey- Schreiber stated there has been a lack of communication over the last year
and a lack of accomplishment in the last three years. She's concerned about the increase in
funding. She wants to see a year's worth of work and to see where the organization is at
before the County starts sending money their way. She moved to amend the contract to
grant $20,000 for 2007.
Dewey Desler, Deputy Administrator, stated there is a general fund amount of
$20,000. There is another $25,000 from rural sales tax funds to support the issues they
are addressing with the economic development investment (EDI) program. The total is
$45,000 per year.
Caskey - Schreiber stated they have not gotten any annual updates from them. She
still has concerns. This is a lot of money for what they do. She served on the board for two
years, and didn't see them do anything that warranted this kind of money.
Brenner stated she supported the item in the budget, so she will support this
request. She agrees that the Council needs to see how the Chamber does this year.
Motion to approve carried 6 -1 with Caskey - Schreiber opposed.
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL
TO PROVIDE MOBILE HOME REPAIR AND RENOVATION FOR FAMILIES AT
OR BELOW 30% OF THE MEDIAN INCOME IN WHATCOM COUNTY, IN THE
AMOUNT OF $127,793 (AB2006 -456)
11. 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 (AB2006 -457)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES
TO PROVIDE TRIAGE OPERATIONS AND SUBSTANCE ABUSE
DETOXIFICATION SERVICES, IN THE AMOUNT OF $►2,252,480 (AB2006 -458)
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A LEASE
BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES TO LEASE
PROPERTY AT THE NORTHWEST CORNER OF THE WHATCOM COUNTY ]AIL
Whatcom County Council, 12/5/2006, Page 12
WORK CENTER AND TRIAGE CENTER LOCATED AT 2030 DIVISION STREET
IN BELLINGHAM FOR THE OPERATION OF THE WHATCOM COUNTY
BEHAVIORAL HEALTH TRIAGE CENTER (AB2006 -459)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR THE PROVISION OF COUNTYWIDE EMERGENCY MEDICAL
SERVICES IN THE AMOUNT OF $1,349,562 FOR 2007, WITH A 1% INCREASE
PER YEAR THROUGH 2009 (AB2006 -460)
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO CONTRACT
AMENDMENT #2 BETWEEN WHATCOM COUNTY AND WASHINGTON STATE
UNIVERSITY, EXTENDING THE AGREEMENT THROUGH DECEMBER 31, 2008
TO ALLOW FOR CONTINUED RESEARCH AND EDUCATION EFFORTS TO
IMPLEMENT THE INTEGRATED PEST MANAGEMENT EDUCATION & RESEARCH
PROJECT, IN THE AMOUNT OF $62,000 FOR 2007 AND $65,100 FOR 2008,
FOR AN AMENDED CONTRACT AMOUNT OF $284,100 (AB2006 -461)
16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM FESTIVAL OF
MUSIC TO PROVIDE FUNDING TO PROMOTE TOURISM AND OVERNIGHT
STAYS IN WHATCOM COUNTY, IN THE AMOUNT OF $15,000 (AB2006 -462)
17. 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
(AB2006 -463)
18. 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 (AB2006 -464)
19. CONTRACT WITH MICHAEL BOBBINK FOR HEARING EXAMINER SERVICES
FOR 2007 (AB2006 -446)
OTHER ITEMS
McShane reported for the Natural Resources Committee and stated the ordinance
adopting a mineral resource lands Comprehensive Plan and zoning designation on
Breckenridge Road (AB2006 -422) is held in committee until January.
I. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 23 - SHORELINE
MANAGEMENT PROGRAM; THE OFFICIAL SHORELINE MAP; AND
ASSOCIATED PROVISIONS OF WCC, CHAPTER 16.16 - CRITICAL AREAS AND
WCC, TITLE 20 - ZONING ORDINANCE TO UPDATE THE WHATCOM COUNTY
SHORELINE MANAGEMENT PROGRAM IN ACCORDANCE WITH THE
REQUIREMENTS OF THE WASHINGTON STATE SHORELINE GUIDELINES
(WAC 173 -26) AND OTHER APPLICABLE LOCAL, STATE AND FEDERAL
ENVIRONMENTAL REGULATIONS (AB2006 -442)
Whatconn County Council, 12/5/2006, Page 13
1 McShane reported for the Natural Resources Committee and stated a work session
2 will be scheduled for January 9 from noon to 5 p.m.
3
4 2. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, FIFTEENTH
5 REQUEST, IN THE AMOUNT OF $813,557 (AB2006 -438)
6
7 Crawford reported for the Finance and Administrative Services Committee and
8 moved to adopt the ordinance.
9
10 Motion carried unanimously.
11
12 3. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING CODE,
13 TITLE 20, TO CLARIFY EXISTING CODE LANGUAGE (AB2006 -441)
14
15 Fleetwood reported for the Planning and Development Committee and stated there
16 were a couple of amendments. He moved to amend item three in the code scrub
17 amendments, attachment A, "...appropriate process within that time by failing,tojake any
18 action on the application.." The purpose is to clarify the meaning of pursuing completion.
19
20 Brenner asked if there is any reference in the code about leaving a project sit for six
21 months.
22
23 Hal Hart, Planning and Development Services Director, stated he doesn't know yet.
24
25 Motion to amend carried unanimously.
26
27 Fleetwood moved to amend page item seven in the code scrub amendments,
28 attachment A, "...right -of -way and adjacent properties, and such ' locations stilt meet. the
29 setback requirements as stated in Whatcom County Code: (WCC) Chapter 20.80."
30
31 Crawford stated he is concerned someone reading this would think they might be
32 able to avoid setback requirements by appealing to the good nature of the administrator.
33 That's not the purpose of this. He wanted to clarify that this wasn't to be used as a way to
34 get around setbacks.
35
36 Motion to amend carried unanimously.
37
38 Brenner moved to amend page item two of the code scrub amendments,
39 attachment A, "...Buffering plantings are intended to provide an all season visual screen
40 between commercial af�d or industrial uses on one side, and rural or residential uses on the
41 other side. Landscaping buffers...."
42
43 Motion to amend carried unanimously.
44
45 Fleetwood moved to adopt as amended.
46
47 Motion carried unanimously.
48
49 4. YEAR END APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS IN
50 PREPARATION FOR THE YEAR 2007 (AB2006 -307)
51
52 Board of Equalization
53
Whatcom County Council;, 12/5/2006, Page 14
1 Fleetwood nominated all applicants.
2
3 Weimer voted for Anderson for the District 3 position and Dawson and Simpson for
4 the alternate positions.
5
6 Nelson voted for Dawson for the District 3 position and Hatch and Simpson for the
7 alternate positions.
8
9 Brenner voted for Anderson for the District 3 position and Dawson and Hatch for the
10 alternate positions.
11
12 Fleetwood voted for Anderson for the District 3 position and Hatch and Simpson for
13 the alternate positions.
14
15 McShane voted for Badgett for the District 3 position and Anderson and Simpson for
16 the alternate positions.
17
18 Crawford voted for Anderson for the District 3 position and Hatch and Simpson for
19 the alternate positions.
20
21 Caskey- Schreiber voted for Anderson for the District 3 position and Dawson and
22 Simpson for the alternate positions.
23
24 Mary Jane Anderson was appointed to the District 3 position. Chris Hatch and David
25 Simpson were appointed to the alternate positions.
26
27 Law and Justice Council
28
29 McShane nominated Tom Schreiber,
30
31 Nomination carried unanimously.
32
33 Noxious Weed Control Board
34
35 Brenner nominated Ray Fann.
36
37 (Clerk's Note: End of tape two, side A.)
38
39 Nomination carried unanimously.
40
41 Planning Commission
42
43 Fleetwood nominated all applicants.
44
45 Crawford voted for Burdge and Solomon.
46
47 McShane voted for Burdge and Harper.
48
49 Fleetwood voted for Burdge and Solomon.
50
51 Brenner voted for Burdge and Solomon.
52
53 Nelson voted for Solomon and Burdge.
Whatcom County Council, 12/5/2006, Page 15
1
2 Weimer voted for Burdge and Solomon.
3
4 Caskey- Schreiber voted for Burdge and Solomon.
5
6 Rabel Burdge and Jesse Solomon were appointed to the Planning Commission.
7
8
9 Sewage Control Appeals Board
10
11 Brenner nominated Robert S. Kloc.
12
13 Nomination carried unanimously.
14
15 Solid Waste Advisory Committee
16
17 Crawford nominated Ronald Biery and Rodd Pemble.
18
19 Nominations carried unanimously.
20
21 5. APPOINTMENTS TO THE FLOOD CONTROL ZONE DISTRICT ADVISORY
22 COMMITTEE AND SUB- ZONES (COUNCIL ACTING AS THE FLOOD CONTROL
23 ZONE DISTRICT BOARD OF SUPERVISORS) (AB2006 -307A)
24
25 Geoaratftc Areas
26
27 Crawford voted for Juergens, Nichols, Kelley, and Polinder.
28
29 McShane voted for Juergens, Kelley, Nichols, and Seymour.
30
31 Fleetwood voted for Juergens, Kelley, Nichols, and Polinder.
32
33 Caskey - Schreiber voted for Kelley, Nichols, Polinder, and Seymour.
34
35 Brenner voted for Juergens, Kelley, Nichols, and Polinder.
36
37 Nelson voted for Polinder, Nichols, Kelley, and Juergens.
38
39 Weimer voted for Juergens, Nichols, Kelley, and Seymour.
40
41 Gerald Juergens, Christopher Kelley, Roger Nichols, and Fred Polinder, Jr. were
42 appointed.
43
44 Special Districts
45
46 Crawford nominated all applicants.
47
48 Crawford voted for Anderson and Bronsema.
49
50 McShane voted for Bronsema and Figueroa.
51
52 Fleetwood voted for Anderson and Bronsema.
53
Whatcom County Council, 12/5/2006, Page 16
1 Brenner voted for Anderson and Bronsema.
2
3 Nelson voted for Anderson and Bronsema.
4
5 Weimer voted for Bronsema and Figueroa.
6
7 Caskey- Schreiber voted for Figueroa and Bronsema.
9 Art Anderson and Ron Bronsema were appointed.
10
11 Impacted Cities
12
13 Nelson moved to appoint Robert Bromley and Jaleen Pratt by acclamation.
14
15 Motion carried unanimously.
15
17 OTHER BUSINESS AND COUNCILMEMBER REPORTS
18
19 Caskey- Schreiber asked if the Animal Control Commission is out of order and if it still
20 meets.
21
22 Pete Kremen, County Executive, responded (inaudible). He has not terminated the
23 group, but it's been a while.
24
25 Caskey- Schreiber stated she received a complaint today about Security Specialists
26 Plus (SSP) not having a licensed person there to euthanize animals. This was from their
27 staff. They were euthanizing animals, and if they didn't die, they were instructed to put
28 them in the freezer. She doesn't know who to go to with that. She called Regina and
29 Penny. Penny said the group is no longer meeting.
30
31 Crawford stated he's sure they appreciate Councilmember Caskey- Schreiber saying
32 that on the record.
33
34 Caskey- Schreiber asked how else she is to get some action out there.
35
36 Crawford stated it's hearsay.
37
38 Kremen stated that from what he understands, his Executive Assistant Laurie Daddio
39 looked into the matter today.
40
41 Laurie Daddio, Executive's Office, stated (inaudible). She can indicate through her
42 conversation with the veterinarian who works with SSP that isn't how animals are
43 euthanized. She is happy to look into any allegation. She would look into it as soon as she
44 has the information.
45
46 Caskey - Schreiber stated she just gave her the information.
47
48 Kremen stated they need to know who made the complaint and how to contact them.
49
50 Caskey - Schreiber stated they should contact Penny Cistaro. She has all the
51 information. Kremen stated that isn't who made the complaint.
52
Whatcom County Council, 12/5/2006, Page 17
1 Caskey- Schreiber stated Ms. Cistaro knows the folks involved. The complaint was
2 made to her. It was the SSP staff. The SSP staff is not going to give their names. They do
3 not want to get fired.
4
5 Kremen asked if a staff person from SSP made the complaint to the Humane Society.
6
7 Caskey- Schreiber stated yes.
8
9 Kremen asked if the Humane Society contacted Councilmember Caskey- Schreiber.
10
11 Caskey - Schreiber stated they did.
12
13 Kremen asked if the Humane Society did not contact the Executive's Office.
14
15 Caskey - Schreiber stated they said they want some action done, and they didn't feet
16 they were being heard. Kremen stated they've never contacted his office.
17
18 Fleetwood stated discussion of personnel should be done off the record.
19
20 Caskey - Schreiber stated this is not County personnel.
21
22
23 QTHER ITEMS
24
25 6. EXECUTIVE KREMEN REQUEST CONFIRMATION OF HIS NEW APPOINTMENTS
26 AND YEAR END REAPPOINTMENTS TO THE BOARDS, COMMISSIONS AND
27 COMMITTEES (AB2006 -465)
28
29 Nelson moved to confirm the Executive's appointments as listed in the Council
30 packet page 518.
31
32 Motion carried unanimously.
33
34 7. APPROVAL OF SPECIAL "STANDING MEETING" SCHEDULE DATES FOR
35 2007(AB2006 -445)
36
37 Brenner moved to approve the schedule.
38
39 Motion carried unanimously.
40
41 Addendum:
42 S. EMERGENCY ORDINANCE EXTENDING THE 2006 WHATCOM COUNTY
43 UNIFIED FEE SCHEDULE INTO 2007 (AB2006 -440A)
44
45 McShane moved to adopt the ordinance.
46
47 Motion carried unanimously.
48
49 Brenner asked what happened.
50
51 Dewey Desler, Deputy Administrator, stated there were questions from
52 councilmembers, and it didn't seem like the Council was ready to vote on it. They agreed
53 that there should be discussion about key policy issues. The administration asked that it be
Whatcom County Council, 12/5/2006, Page 19
1 pulled and dealt with over a couple of meetings to give the Council a chance to discuss the
2 policies and fees for next year.
3
4 Brenner stated that over $1,000 was spent on putting the notice in the newspaper.
5 It doesn't look like it was ready. There was no explanation.
6
7 Pete Kremen, County E=xecutive, stated councilmembers expressed concerns.
8
9 Brenner asked how they are going to prevent something like this from happening
10 again. They spent a lot of money on something that totally has to be redone.
11
12
13 INTRODUCTION ITEMS
14
15 (Clerk's Note: There was no motion to accept the Introduction Items. The Chair
16 called the vote to accept the items.)
17
18 Motion carried unanimously,
19
20 1. ORDINANCE ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN AND
21 THE UR AND URM ZONING DISTRICTS RELATING TO LOT CLUSTERING,
22 RESERVE TRACTS AND WATER AND SEWAGE DISPOSAL FACILITIES
23 (AB2006 -406)
24
25 2. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY
26 RATES, AND WHATCOM COUNTY 2007 UNIFIED FEE SCHEDULE (AB2006-
27 260)
28
29 3. ORDINANCE APPROVING A CHANGE IN CONTROL OF GUINESS
30 COMMUNICATIONS, INC. FROM DELTA CABLE COMMUNICATIONS, LTD. TO
31 PERSONAL COMMUNICATIONS CORP. (AB2006 -466)
32
33 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING
34 SYSTEM (AB2006 -467)
35
36 ADDENDA:
37 5. ORDINANCE READOPTING AND AMENDING WHATCOM COUNT CODE 16.20,
38 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICT (AB2006-468)
39
40 6. RESOLUTION ADOPTING A RECOMMENDATION FOR OPEN SPACE /TIMBER,
41 NIELSON BROS. (AB2006 -435A)
42
43
44 COMPREHENSIVE PLAN AMENDMENTS
45
46 1. ORDINANCE ADOPTING A MINERAL RESOURCE LANDS COMPREHENSIVE
47 PLAN AND ZONING DESIGNATION ON BRECKENRIDGE ROAD (AB2006 -422)
48
49 Caskey- Schreiber stated there will be a public hearing in January.
50
51
52 OTHER BUSINESS AND COUNCILMEMBER REPORTS
53
Whatcom County Council, 12/5/2006, Page 19
1
Brenner stated there is a green building
workshop on December 14 at the Cruise
2
Terminal. She attended last year and it was really good.
3
4
5
ADJOURN
6
7
T meeting adjourned at 9:39 p.m.
8
9
10
11
Jill Nixon, Minutes Transcription
12
13
The Council approved these minutes on
February, 13 , 2007.
14
15
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WHATCOM COUNTY COUNCIL
16
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WHATCOM COUNTY WASHINGTON
17
18
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20
21
Dina B �*r , 8u ncil $lerk
Laurie Caskey- Schreiber, Council Chair
Whatcom County Council, 12/5/2008, Page 20