HomeMy WebLinkAboutCouncil January 17 20061
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WHATCOM COUNTY COUNCIL
Regular County Council
January 17, 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 pending litigation,
Ostrom Company (AB2006 -018) in executive session during the Committee of the Whole
meeting.
Caskey- Schreiber announced there was also discussion with Chief Civil Deputy
Prosecutor Randall Watts regarding pending litigation (2006 -018) in executive
session during the Committee of the Whole meeting.
Caskey - Schreiber announced there was also discussion with Senior Deputy
Prosecutor Karen Frakes regarding pending litigation (AB2006 -018) in executive
session during the Committee of the Whole meeting.
SPECIAL ORDER OF BUSINESS
1. ANNUAL REORGANIZATION OF THE WHATCOM COUNTY COUNCIL (AB2006-
022)
Council Chair
McShane nominated Laurie Caskey - Schreiber.
Crawford withdrew his name from consideration for Council Chair.
Nomination carried unanimously.
Council Vice -Chair
Whatcom County Council, 1/1712006, Page 1
1
2 Brenner nominated Seth Fleetwood.
3 Crawford withdrew his name from consideration for Council Vice - Chair.
4
5 Nomination carried unanimously.
6
7 Executive Pro Tem ore
8
9 McShane nominated himself.
10
11 Crawford withdrew his name from consideration for Executive Pro Tempore.
12
13 Nomination carried unanimously.
14
15 Finance and Administrative Services Committee
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17 McShane withdrew his name from consideration for the Finance and Administrative
18 Services Committee and nominated Carl Weimer, Sam Crawford, and Ward Nelson.
19
20 Brenner moved to approve the nomination by acclamation.
21
22 Caskey- Schreiber withdrew her name from consideration for the Finance and
23 Administrative Services Committee.
24
25 Motion carried unanimously.
26
27 Planning and Development Committee'
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29 Weimer withdrew his name from consideration for the Planning and Development
30 Committee.
31
32 Brenner nominated Seth Fleetwood, Barbara Brenner, and Dan McShane and
33 moved to approve the nomination by acclamation.
34
35 Caskey - Schreiber withdrew her name from consideration for the Planning and
36 Development Committee.
37
38 Motion carried unanimously.
39
40 Public Works and Safety Committee
41
42 Brenner moved to appoint Ward Nelson, Sam Crawford, and Barbara Brenner by
43 acclamation.
44
45 Motion carried unanimously.
46
47 Natural Resources Committee
48
Whatcom County Council, 1/17/2006, Page 2
1 Brenner moved to appoint Seth Fleetwood, Dan McShane, and Carl Weimer by
2 acclamation.
3
4 Motion carried unanimously.
5
6
7 Bellingham International Airport Advisory Committee
8
9 Brenner nominated herself.
10
11 Nomination carried unanimously.
12
13 Council of Governments
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15 McShane withdrew his name from consideration.
16
17 Caskey- Schreiber nominated Fleetwood and Crawford.
18
19 Nomination carried unanimously.
20
21 Drayton Harbor Shellfish Protection District
22
23 Weimer nominated himself.
24
25 Nomination carried unanimously.
26
27 Economic Development Council
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29 Crawford withdrew his name from consideration and nominated Dan McShane.
30
31 Motion carried unanimously.
32
33 Energy Facility Site Evaluation Council (EFSEC
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35 Nelson nominated Dan McShane.
36
37 McShane stated there is no EFSEC meeting unless there is an EFSEC proposal. Wait
38 until a proposal comes up. Those processes take over a year. They may not want to
39 nominate someone who is leaving the Council.
40
41 Nelson stated Councilmember McShane has done an admirable job on EFSEC. The
42 Council may not want to have EFSEC be a committee assignment. If EFSEC needs someone
43 from the Council from time to time, the Council can make the appointment at that time. It
44 doesn't need to be a standing committee.
45
46 Brenner stated she would like to see a councilmember on the committee in case
47 something comes up. She serves on two committees every year that never meet.
48
Whatcom County Council, 1/17/2006, Page 3
1 McShane stated he put this on the list of committee several years ago. It requires a
2 time commitment of several hundred hours. He would not like to accept the nomination at
3 this time.
4
5 Caskey- Schreiber stated that if the situation comes up, the Council might have to
6 weigh in on this at some point in the future.
7
8 Public Health Advisory Board
9
10 Caskey- Schreiber nominated Ward Nelson.
11
12 Nomination carried unanimously.
13
14 Developmental Disabilities
15
16 Crawford withdrew his name from consideration and nominated Carl Weimer.
17
18 Nomination carried unanimously.
19
20 Mental Health Advisory Board
21
22 Brenner nominated herself.
23
24 Nomination carried unanimously.
25
26 Substance Abuse Board
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28 Crawford nominated himself.
29
30 Nomination carried unanimously.
31
32 Intergovernmental Tribal Relations Committee
33
34 Brenner nominated Seth Fleetwood and herself. This is one of those committees that
35 has never met.
36
37 Nomination carried unanimously.
38
39 Law Enforcement Officer and Fire F9 hter LEOFF Board
40
41 McShane nominated himself.
42
43 Nomination carried unanimously.
44
45 Local Emergency Planning Committee
46
47 Caskey - Schreiber nominated Sam Crawford.
48
49 Nomination carried unanimously.
Whatcom County Council, 1/17/2006, Page 4
1
2 Marine Resources Committee
3
4 Caskey - Schreiber withdrew her name from consideration and nominated Dan
5 McShane.
6
7 Nomination carried unanimously.
8
9 North Sound Mental H_ ealth Agency
10
11 Brenner nominated Ward Nelson.
12
13 Nomination carried unanimously.
'14
15 Northwest Clean Air Agency
16
17 Brenner nominated Caskey- Schreiber.
18
19 Weimer withdrew his name from consideration.
20
21 Nomination carried unanimously.
22
23 Northwest Regional Council
24
25 Brenner nominated Ward Nelson.
26
27 Nomination carried unanimously.
28
29 Portage Bay Shellfish Protection District Advisory Committee
30
31 Brenner nominated Carl Weimer.
32
33 Nomination carried unanimously.
34
35 Opportunity Council
36
37 Crawford withdrew his name from consideration and nominated Laurie Caskey-
38 Schreiber.
39
40 Motion carried unanimously.
41
42 Public Defense Advisory Committee
43
44 Brenner nominated herself. This is the other committee that has never met.
45
46 Nomination carried unanimously.
47
48 Solid Waste Advisory Committee
49
Whatcom County Council, 1/17/2006, Page 5
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Nelson nominated Barbara Brenner.
Nomination carried unanimously.
Urban County Caucus
Nelson nominated Sam Crawford.
Nomination carried unanimously.
Whatcom Transit Authority
McShane nominated himself and Seth Fleetwood. He is interested in the WTA and
would like to weigh in on the board.
Fleetwood stated he has participated in the WTA. He has developed some knowledge
and expertise in local transportation planning in Whatcom County. They have been involved
in large strategic planning processes in the past several years. He looks forward to the
opportunity to continue and implement the strategic plans.
Brenner stated WTA is out of control. What they've created at Cordata is not good.
There was also a proposal to the WTA from the Airporter to do regional transportation. The
proposal wasn't considered, but would have saved the taxpayers a lot of money.
Caskey - Schreiber stated Councilmember should present a list of grievances to
whoever gets on the board. She has also heard grievances about that facility.
Fleetwood stated they have heard grievances on one out of a thousand votes the
WTA board has taken in the last four years, which does not result in the conclusion that the
WTA is out of control.
Nelson stated both counciimembers would do a fine job
committee that one has been working on.
Weimer voted for Fleetwood.
Nelson voted for Fleetwood.
Brenner voted for Fleetwood.
Caskey - Schreiber voted for Fleetwood.
Fleetwood voted for Fleetwood.
McShane voted for McShane.
Crawford voted for McShane.
Councilmember Fleetwood was appointed.
Whatcom County Council, 1/17/2006, Page 6
It's hard to give up a
1
2
3 SPECIAL PRESENTATION
4
5 1. WHATCOM COUNTY EXECUTIVE PETE KREMEN TO READ A PROCLAMATION
6 RECOGNIZING SHERYL PETRIE AND ANDREW DAVIS (AB2006 -017)
7
8 Pete Kremen, County Executive, read the proclamation into the record.
9
10
11 2. PRESENTATION BY COUNTY EXECUTIVE PETE KREMEN REGARDING A
12 PROPOSED PROGRAM FOR CONCURRENCY (AB2006 -017)
13
14 Pete Kremen, County Executive, stated the Council and administration have to work
15 together to deal with growth issues. Over the past six years, almost 6,000 new homes have
16 been built. Almost one - quarter of those occurred this past year, which is a 21 percent
17 increase from the previous year. The number of subdivisions has increased. City urban
18 growth area development, condominium development, and commercial development
19 continue to increase. Whatcom County must address the infrastructure needs while it can
20 still be proactive. Maintain levels of service for law enforcement, parks, transportation, and
21 other services. He will present a resolution (on file, AB2006 -060) to commit to maintain
22 essential services while remaining fiscally prudent, establish a comprehensive concurrency
23 program that will: maintain safe communities, provide adequate and safe roads, and
24 promote adequate parks and open space conservation. Support this concurrency effort. He
25 will partner with private and public interests to lay down principles and guidelines for
26 growth. Quality of life can be preserved only if growth is addressed wisely and carefully.
27
28
29 MINUTES CONSENT
30
31 Nelson moved to approve Minutes Consent items one through six.
32
33 Motion carried unanimously.
34
35 1. BOARD OF HEALTH FOR NOVEMBER 29, 2005
36
37 2. COMMITTEE OF THE WHOLE FOR DECEMBER 6, 2005
38
39 3. REGULAR COUNTY COUNCIL MEETING FOR DECEMBER 6, 2005
40
41 4. SPECIAL COMMITTEE OF THE WHOLE FOR DECEMBER 13, 2005
42
43 5. SPECIAL COUNTY COUNCIL FOR JANUARY 10, 2006
44
45 6. SPECIAIL COMMITTEE OF THE WHOLE FOR JANUARY 10, 2006
46
47
48 OPEN SESSION
Whatcom County Council, 1/17/2006, Page 7
1
2 The following people spoke:
3
4 Sheila Weber, Residents Against High Power Radio Interference, stated the
5 committee thanks the Council for sending the letter to Federal Communication
6 Commission (FCC) regarding radio interference (AB2005 -415). They have put
7 together their 250 page complaint (on file, Exhibit 8). She thanked Councilmember Brenner
8 for her energy, enthusiasm, and the letter. This complaint is a very powerful complaint.
9 They sent it December 5, but have not received a decision from the FCC. They were
10 interviewed by the press. Her group is planning a public meeting in February, which will
11 present the results from the FCC and to show residents the complaint. Within three
12 months, they have accomplished a great deal.
13
14 Marian Beddill, 3600 Seely, Bellingham, stated she requests that a councilmember
15 remove Consent Agenda item number 10, which deals with the Y Road landfill and the
16 landfill monitoring. It is a potential pollution source. She asked for information on the
17 monitoring activities
18
19 Jackie Granger, 2101 West Shore Drive, Lummi Island, stated the Council is
20 considering Planning Commission appointments tonight. Appointments to the Whatcom
21 County Planning Commission for vacancies in County Council District 1 and District
22 3. Applicants: David Hunter, Richard Gilda, John Steensma, Geoff Menzies, and
23 Todd Granger (AB2005- 4168). She attended her first and only Planning Commission
24 hearing on January 26, 2004 to discuss the Lummi Island subarea plan. She attended the
25 meeting to express concerns about the plan. She expected the commissioners to be
26 courteous and open - minded. Instead, there was obvious bias, disrespect, and
27 condescension. Two commissioners had signs to keep Lummi Island rural. The signs were
28 removed upon request of the commission chair after a complaint from the public after the
29 hearing began. The public has the right to expect that all commissioners would not allow
30 their biases to rule.
31
32 During the meeting, one of the commissioner's conduct was extremely
33 condescending to the public. When Mr. Hunter asked her a question, using the same tone
34 and bias she'd heard him use on others, she walked away. Mr. Hunter apologized to her
35 after the meeting, but not to all of the public. Review the minutes and listen to the
36 recordings of these meetings and question whether this commissioner deserves
37 reappointment. There must be better, less- biased volunteers who are willing to do it right.
38
39 Steve Harris, 1532 Fruitland Drive, Bellingham, stated he would speak on the letter
40 proposed by Councilmember Brenner to the USDA Forest Service, Pacific
41 Northwest Division, regarding off -road vehicle use on National Forestland
42 (AB2006 -057). He represents the Mt. Baker Motorcycle Club, which includes over 300
43 members, including recreational dirt bike riders. Comprehensive Plan policy 9G -1,
44 recognizes that there is a demand for off road vehicle (ORV) riding. The County should
45 continue to assess its role in the ORV program. Between the State Department of Natural
46 Resources and the Forest Service, there should be a joint solution. The policy goal is to
47 provide ORV opportunities. Councilmember Crawford noted during a past meeting that they
48 should not designate an ORV area, but should develop facilities to enhance an area, rather
49 than let people destroy and damage areas. The City of Anacortes established 50 miles of
Whatcom County Council, 1/17/2006, Page 8
1 trails, some of which are usable by dirt bikes. They donate over 6,500 man hours in
2 maintaining trails and other things. Consider DRV users. The County should fulfill it's
3 obligation outlined in the Comprehensive Plan.
4
5 Michelle Luke, 3342 Sunrise Cove, Lummi Island, submitted and read from
6 information (Exhibit C, on file) regarding the appointments to the Whatcom County
7 Planning Commission for vacancies in County Council District 1 and District 3.
8 Applicants: David Hunter, Richard Gilda, John Steensma, Geoff Menzies, and Todd
9 Granger (AB2005- 416B).
10
11 Johnnie Grames, 4478 Northwest Drive, stated he has talked to the Council before
12 about open government. He refilled public disclosure requests to the other two branches of
13 government. They have excuses for not providing it. The Council has little staff to provide
14 oversight and investigate the government for which the Council funds and provides policy.
15 At some point, provide an ombudsman to get County employees to answer public questions.
16 The Bill of Rights was meant to protect the people from government. His Constitutional
17 rights have been violated here in Whatcom County in the courthouse upstairs and by the
18 Executive. If the Council provides some scrutiny, government will improve. When dealing
19 with power, there is always abuse of power and corruption. It pays to examine that. Help
20 him with public disclosure and dealing with these people. Eight County employees went up
21 against him in the courtroom. They need cameras in the Superior Court courtrooms.
22
23 Dennis Jones, 1487 Sudden Valley, stated he is a watershed and parks advocate.
24 Focus on what works. Between the mountains and the sea is very beautiful land that has
25 turned them all into conservationists. He recognizes Councilmembers Nelson, McShane, and
26 Fleetwood. If the lake becomes the model for sustainable forestry, housing, and recreation,
27 it will be due to Councilmember McShane's unbelievable efforts. Councilmember Fleetwood
28 has had the courage to do what needed to be done. They have a plan for the lake. Sudden
29 Valley should not be an urban growth area. The watershed should be some sort of
30 municipality. It's the only way to get the work done.
31
32 Bob Wiesen, 3314 Douglas Road, Ferndale, asked to be appointed to the Planning
33 Commission. Appointments to the Whatcom County Planning Commission for
34 vacancies in County Council District 1 and District 3. Applicants: David Hunter,
35 Richard Gilda, John Steensma, Geoff Menzies, and Todd Granger (A132005- 4168).
36 Having observed the Planning Commission over the last year, he realizes there are
37 problems. There is a lack of understanding of the Growth Management Act (GMA) and its
38 goals. There have been argumentative attitudes displayed by some of the commissioners.
39 There is a lack of ability to visualize the effects of the decisions and issues.
40
41 (Clerk's Note: End of tape one, side A.)
42
43 Wiesen continued and submitted an article entitled "War on Suburbia" (on file,
44 Exhibit D). There should be a public process for reviewing these things with the Council.
45
46 Chris Ungern, 2095 Northshore Road, stated he congratulates the councilmembers
47 who won in the most recent election. The races were non - partisan in theory, but not in
48 reality. If district -only voting would have been in effect, at least one race would have been
49 different. For some time, the residents of the city of Bellingham would have dictated the
Whatcom County Council, 1/17/2006, Page 9
1 results of the County Council elections. They already have a City Council. The Council
2 needs to act for those people in the county, outside of the city limits.
3
4 He attended a presentation last week from Eben Fodor, a planning consultant,
5 regarding the true cost of development. He hoped the presentation would be informative
6 and provide a framework for future debates regarding growth management. Unfortunately,
7 the speaker provided statistics without context, contrasted special interests against private
8 interests, and was more focused on identifying problems with land use planning than with
9 offering practical solutions. Fodor hurt his cause by harping on government as the problem
10 and pushed campaign reform. He was concerned that fundraising took place during an
11 event held in a public building. In the future, the County Council must address complex
12 growth issues. The choice isn't just density versus sprawl and growth versus no growth.
13 Tradeoffs need to be recognized and compromises will be required.
14
15 Charles Law, Bellingham, stated he is looking for a meaningful resolution regarding
16 the immigration problem in Whatcom County. Resolution supporting professionally
17 trained public policing agencies and opposing armed militia enforcing against
18 border and other crimes (AB2005 -431). Congress passed a law that is very dangerous.
19 Whatcom County has a distinct problem regarding labor. This law will affect the labor in the
20 county. He hopes the County will ask the federal legislators for direction in future years.
21
22 Dick Gilda, Jensen Road, stared he asks for consideration on the appointments to
23 the Whatcom County Planning Commission for vacancies in County Council District
24 1 and District 3. Applicants: David Hunter, Richard Gilda, ]ohn Steensma, Geoff
25 Menzies, and Todd Granger (AS2005- 416B). The purpose of the Planning Commission
26 is to help the Council make informed decisions. The Council must know both sides of the
27 story. This is a good system, except when it becomes unbalanced. The Planning
28 Commission has become unbalanced. He served on the Planning Commission for two
29 terms, and was off for two years. He was encouraged to reapply. He listened to all
30 viewpoints, whether or not he agrees with the subject. They all want what is best for the
31 community.
32
33 Sherry Jubilo, Bellingham, submitted a petition regarding the Minutemen project.
34 Resolution supporting professionally trained public policing agencies and opposing
35 armed militia enforcing against border and other crimes (AS2005 -431). Everyone
36 she's talked to is concerned about the project, especially since they've admitted to carrying
37 guns. Whatcom County community members urge the County Executive and County
38 Council to follow the lead of the Bellingham City Council and other city, county, and state
39 officials. Use the democratic process to oppose the Minutemen project and its vigilante
40 actions on the borders. Pass the resolution presented by the Coalition for Professional Law
41 and Border Enforcement at the next County Council meeting.
42
43 Rosalinda Guillen, 1800 - 20th Street, Bellingham, submitted two proposed
44 resolutions regarding the Minutemen project (on file, exhibit E). Resolution supporting
45 professionally trained public policing agencies and opposing armed militia
46 enforcing against border and other crimes (AB2005 -431). The Council has already
47 received resolutions passed by others. All these resolutions specifically oppose vigilante
48 groups and name the Minutemen project. These are groups that have decided to take the
49 law into their own hands and enforce immigration law by themselves, with guns. The
Whatcom County Council, 1/17/2006, Page 10
I County Council has the opportunity to set the tone and leadership in the community in
2 terms of tolerance and respect for laws and the democratic processes in Whatcom County.
3
4 The Minutemen project began in Whatcom County last July. They said they would
5 stop on October 31, but they keep coming back. They came back on Veteran's Day and on
6 International Migrant's Day. They have told the Council and Sheriff that they will continue
7 on the border monthly. If the Minutemen project is civic minded and a real block watch
8 group, they should join the community organizations that are doing good work in the
9 county. Protect the civil rights of the people. The project is a direct affront to the
10 democratic process established by the Constitution and the Bill of Rights. There is no room
11 in the United States for this kind of vigilantism and terrorism.
12
13 Brenner stated that if people take the law into their own hands, the Sheriff should
14 pursue them. She has spoken to the Sheriff and no one from the Minutemen project locally
15 has taken the law into their own hands or enforced the law. Show the Sheriff an example of
16 this, and she will be the first one support some of the accusations.
17
18 Stephanie Kanteros, Bellingham, submitted information (on file, Exhibit F) regarding
19 the resolution supporting professionally trained public policing agencies and
20 opposing armed militia enforcing against border and other crimes (A132005 -431).
21 She is very concerned about the Minutemen project. She is concerned about the well -being
22 of the Latino and Sikh communities.
23
24 David Edmondson, 3484 North Red River Road, Ferndale, stated he is a member of
25 the Residents Against High Powered Radio Interference. He thanked Councilmember
26 Brenner for her support and guidance on the letter to Federal Communication
27 Commission (FCC) regarding radio interference (AB2005 -415). This is a slow- motion
28 train wreck. If the FCC doesn't investigate and do something about this problem, it will take
29 another eight years, the length of time a radio station license is good, to clean up the mess.
30 They are not challenging the right of free enterprise for the radio station KRPI to conduct
31 business. They are not attacking KRPI's programming, which is irrelevant. The radio
32 frequency interference is culturally blind. It affects everyone around the transmission area
33 around the radio station. It is not a private enterprise attack. They really want the FCC to
34 scrutinize the difficulties discussed in the complaint.
35
36 Larry Helm, 260 East 415` Terrace, Bellingham, stated he is a retired police officer.
37 He worked on the southern California border and has seen the Minutemen in action. They
38 are not breaking the law. There have been very few instances where they have caused a
39 problem. As a peace officer, he appreciated citizens giving him and his staff a hand.
40 Resolution supporting professionally trained public policing agencies and opposing
41 armed militia enforcing against border and other crimes (AB2005 -431).
42
43
44 CONSENT AGENDA
45
46 Nelson reported for the Finance and Administrative Services Committee and
47 moved to approve Consent Agenda items one through 22. Item 23 comes forward with no
48 recommendation.
49
Whatcom County Council, 1/17/2006, Page 11
Nelson withdrew item ten.
Brenner withdrew items eight and 13.
Motion to approved Consent Agenda items one through seven, nine, 11, 12,
14 through 22 carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #05-
98 TO LOW BIDDER, COLACURCIO BROTHERS, INC., FOR
ALTERATIONS TO THE HEALTH DEPARTMENT AT GIRARD STREET, IN
THE AMOUNT OF $387,172.50 (AB2006 -031)
2. REQUEST APPROVAL OF THE HOUSING FOR LOW INCOME PEOPLE
ADVISORY COMMITTEE'S RECOMMENDATIONS FOR FUNDING REPAIR
AND RETENTION RFP #05 -79, IN THE AMOUNT OF $130,000, AND
OPERATIONS RFP #05 -75, IN THE AMOUNT OF $211,759 (AB2006-
032)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
CITY OF BELLINGHAM FOR THE LAKE WHATCOM WATERSHED ON-
SITE SEWAGE SYSTEM ( "OSS ") MANAGEMENT PROGRAM, IN THE
AMOUNT OF $186,368 (AB2006 -033)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND SKAGIT
COUNTY FOR THE SKAGIT COUNTY SHERIFF'S DEPARTMENT USE OF
THE PLANTATION RIFLE RANGE, IN THE AMOUNT OF $7,370.25
(AB2006 -034)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #3 TO THE INTERLOCAL AGREEMENT BETWEEN
WHATCOM COUNTY AND THE CITY OF SOMAS CONCERNING
ANNEXATION OF 9.54 ACRES (AB2006 -035)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
AMENDMENT #1 TO THE INTERLOCAL AGREEMENT BETWEEN
WHATCOM COUNTY AND THE CITY OF EVERSON CONCERNING
ANNEXATION OF 47 ACRES (AB2006 -036)
41 7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
42 CONTRACT BETWEEN WHATCOM COUNTY AND GEOTEST SERVICES,
43 INC., FOR SAMPLE COLLECTION, INSPECTION, AND TESTING OF
44 CONCRETE, ASPHALT, AGGREGATES, AND OTHER CONSTRUCTION
45 MATERIALS TO ENSURE COMPLIANCE WITH SPECIFICATIONS ON
Whatcom County Council, 1/1712006, Page 12
1 COUNTY PUBLIC WORKS PROJECTS, AS WELL AS GEOTECHNICAL
2 EXPERTISE IF REQUIRED, IN AN AMOUNT NOT TO EXCEED $20,000
3 (AB2006 -037)
4
5 S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
6 CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM
7 WHATCOM CHAMBER OF COMMERCE AND INDUSTRY FOR
8 ADVERTISING AND PROMOTION OF THE ANNUAL SKI TO SEA
9 FESTIVAL, IN THE AMOUNT OF $29,000 (AB2006 -038)
10
11 Nelson moved to approve the request.
12
13 Brenner stated she is concerned about giving taxpayer money to an organization
14 with a political action committee (PAC) that does very specific, targeted, political attacks.
15 It's not right for the County Council to give public money, which can filter into private
16 political maneuvers. She would be willing to fund the Ski -to -Sea festival and the Chamber if
17 the Chamber was willing to decommission its political action committee.
18
19 Caskey- Schreiber stated she is also against this request. Two years ago, Mr.
20 Oplinger announced the Chambers plan to no longer request taxpayer dollars. Last year,
21 the Council clearly said that this organization cannot advocate politically and take taxpayer
22 money. It's illegal to give taxpayer money to an entity that identifies itself as a political
23 organization with political objectives. The Chamber worked with Better Community
24 Solutions to target Barbara Ryan for opposing Ski -to -Sea promotion when she tried to
25 address this issue last year. Clearly, this is not against the Ski -to -Sea Festival, which she
26 totally supports. She supports taxpayer funding of the festival if another entity decided to
27 run it or if the Chamber was no longer politically active. There is a serious conflict.
28
29 Motion failed 3 -4 with Fleetwood, Nelson, and Crawford in favor.
30
31 9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
32 CONTRACT BETWEEN WHATCOM COUNTY AND HANDEL
33 INFORMATION TECHNOLOGIES FOR ANNUAL MAINTENANCE OF THE
34 JUVENILE OFFENDER CASE MANAGEMENT SYSTEM, RITE TRACK, IN
35 THE AMOUNT OF $18,000 (AB2006 -039)
36
37 10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
38 CONTRACT BETWEEN WHATCOM COUNTY AND BENNETT
39 ENGINEERING, LLC, FOR MONITORING SERVICES FOR BOTH
40 CEDARVILLE AND Y ROAD LANDFILLS, IN THE AMOUNT OF $79,386
41 (AB2006 -040)
42
43 Nelson stated Marian Beddill asked for information on this contract, which has been
44 ongoing for about 12 years.
45
46 Dr. Bruce Roll, Assistant Director, stated two things are being done here. One is the
47 Cedarville monitoring, which is a requirement to the closure response plan. Y Road was
Whatcom County Council, 1/17/2006, Page 13
1 closed at a time that did not require this level of intense monitoring. It is a reflection of the
2 Lake Whatcom Management Program activities and interests of the public, who want to
3 ensure the landfill doesn't have an impact to water quality. To date, they have been
4 sampling at the frequency identified in the plan, which is quarterly, looking for an indication
5 of some influence of the landfill leachate potentially on either surface or ground waters in
6 the vicinity of that area. They have not found that connection to date. Last year, the
7 Environmental Protection Agency (EPA) investigated and found no reason for further action.
8 However, they craft the sampling plan annually with the Health Department to ensure they
9 are comfortable with the monitoring plan so it ensures public safety and health.
10
11 This is the plan before the Council. It is nearly the same identical plan that has been
12 used for the past few years. The list of analytes are identified in the Council packet.
13 Quarterly reports and an annual report compare these analytes to existing State standards
14 for surface and ground water purposes. This plan will drive the management plan for that
15 area. They have considered changing it to a park. Until such time the County and the
16 community feel comfortable, this is the proposed monitoring plan.
17
18 Nelson moved to approve the request.
19
20 McShane stated there isn't a specific requirement for doing this monitoring. The
21 monitoring at Y Road is very precautionary. Given the data they have so far, he's pretty
22 confident the landfills are not causing a problem. This monitoring will add to that database.
23
24 Motion carried unanimously.
25
26 11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
27 RESIDENTIAL LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND
28 EDWARD VAJDA FOR THE HOUSE LOCATED AT 5305 NIELSEN
29 AVENUE, FERNDALE, FOR $850 PER MONTH FROM DECEMBER 20,
30 2005 TO DECEMBER 19, 2006 (AB2006 -041)
31
32 12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
33 RENTAL AGREEMENT BETWEEN WHATCOM COUNTY AND BAKER
34 CREEK STORAGE, LLC FOR AUDITOR/ ELECTION STORAGE SPACE, IN
35 THE AMOUNT OF $1,275 ($35 SECURITY DEPOSIT; $95 PER MONTH
36 FOR JANUARY AND FEBRUARY; $105 PER MONTH FOR THE
37 REMAINDER OF THE YEAR) (AB2006 -042)
38
39 13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
40 GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE
41 OF WASHINGTON DEPARTMENT OF ECOLOGY FOR IMPLEMENTATION
42 OF ACTIVITIES IDENTIFIED IN THE LOCAL SOLID WASTE
43 MANAGEMENT PLAN, IN THE AMOUNT OF $523,005 ($392,254 FROM
44 THE DEPARTMENT OF ECOLOGY AND $130,751 FROM WHATCOM
45 COUNTY) (AB2006 -043)
46
Whatcom County Council, 1/17/2006, Page 14
1 Nelson moved to approve the request. The Council received additional information
2 on this item from Dr. Roil (on file).
3
4 Brenner stated she appreciates this information. However, transparency is an issue.
5 She can't follow the information. Some of the same work plan items are used in different
6 categories. She can't see where the dollars are really going. Solid waste enforcement is an
7 example. There isn't anything that is about enforcement. It would be difficult for any
8 person to understand this information.
9
10 She has talked to a lot of people about the newsletter that gets mailed out. No one
11 remembers getting it. It looks like junk mail, and people throw it away. Do something that
12 gets peoples' attention. The Solid Waste staff said that many people have used the coupon
13 in the newsletter, but staff couldn't provide any names. She doesn't know how staff can
14 follow up without getting any names. She doesn't support the item. Have the information
15 come back in a way that is more understandable to the average person.
16
17 Nelson stated that when there are many different funding mechanisms,
18 disseminating that information to different tasks and sources becomes very confusing. Now
19 that Councilmember Brenner is on the advisory board, she can help devise a mechanism
20 that is understandable for everyone.
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22 Motion carried 6 -1 with Brenner opposed.
23
24
25 14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
26 GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE
27 OF WASHINGTON, DEPARTMENT OF ECOLOGY FOR THE
28 REIMBURSEMENT OF $100,000 OF THE COUNTY'S COSTS FOR
29 ALTERNATIVES ANALYSIS FOR THE LOWER NOOKSACK RIVER
30 (AB2006 -044)
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32 15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
33 ADDENDUM #5 TO THE WHATCOM COUNTY JAIL PHARMACY
34 AGREEMENT BETWEEN WHATCOM COUNTY AND HOAGLAND'S
35 PHARMACY, EXTENDING THE AGREEMENT THROUGH DECEMBER 31,
36 20061, IN AN AMOUNT BASED UPON COSTS OF MEDICATIONS IN
37 2006, BUT ESTIMATED TO BE $198,778 (AB2006 -045)
38
39 16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
40 CONTRACT AMENDMENT #4 TO THE CONTRACT BETWEEN WHATCOM
41 COUNTY AND WHATCOM COUNSELING & PSYCHIATRIC CLINIC,
42 EXTENDING THE TERM 3 MONTHS, IN THE AMOUNT OF $20,000, FOR
43 A TOTAL CONTRACT AMOUNT OF $205,122 (AB2006 -046)
44
45 17. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
46 AGREEMENT SUPPLEMENTAL #1 TO THE AGREEMENT BETWEEN
47 WHATCOM COUNTY AND GEOTEST SERVICES, INC. TO COVER
Whatcom County Council, 1/17/2006, Page 15
I UNANTICIPATED PROJECT MATERIAL TESTING COSTS INCURRED IN
2 2005, IN THE AMOUNT OF $1,800, FOR A TOTAL CONTRACT AMOUNT
3 OF $16,800 (AB2006 -047)
4
5 18. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PETITIONS FOR
6 PROPERTY TAX REFUNDS (AB2006 -048)
7
8 19. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY TO
9 WHATCOM COUNTY PUBLIC WORKS, RIVER AND FLOOD DIVISION BY
10 NEGOTIATION, REQ. #2006 -01 (AS2006 -049)
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12 20. RESOLUTION TO SET A HEARING TO SELL TAX -TITLE PROPERTY BY
13 NEGOTIATION, REQ. #2006 -02 (AB2006 -050)
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15 21. RESOLUTION TO SET A HEARING TO SELL SURPLUS PROPERTY, REQ.
16 #PW2006 -01 (AB2006 -051)
17
18 22. REQUEST TO APPROVE 1.0 FTE DEPUTY I, PUBLIC DEFENDER IN
19 PLACE OF SOCIAL SERVICES COORDINATOR (AB2006 -052)
20
21 23. REQUEST AUTHORIZATION TO ENTER INTO AN AMENDMENT TO THE
22 CONTRACT WITH BRICKLIN NEWMAN DOLD, LLP FOR LEGAL
23 REPRESENTATION WITH RESPECT TO DEFENDING CHALLENGES TO
24 TWO WHATCOM COUNTY ORDINANCES REGULATING "MUSHROOM
25 SUBSTRATE" PRODUCTION (AB2005 -105C)
26
27 Nelson stated this comes forward with no recommendation from the committee. He
28 moved to approve the request with an amended increase of $20,000, for a total amended
29 contract amount of $60,000.
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31 Motion carried unanimously.
32
33
34 OTHER ITEMS
35
36 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.40, TAX ON
37 BINGO, RAFFLES, PUNCHBOARDS AND PULL TABS (AB2005-472)
38
39 Nelson reported for the Finance and Administrative Services Committee and moved
40 to adopt the ordinance.
41
42 Motion carried unanimously.
43
44 2. REQUEST CONFIRMATION OF THE ECONOMIC DEVELOPMENT
45 INVESTMENT BOARD'S FUNDING RECOMMENDATIONS (AB2006 -054)
46
Whatcom County Council, 1/17/2006, (Page 16
1 Nelson reported for the Finance and Administrative Services Committee and moved
2 to adopt the ordinance, amended to only include Sumas. Do not fund the Grandview water
3 project.
4
5 Crawford stated he supports the amended motion. The Grandview water project is
6 an excellent project. However, State law says clearly that the sales tax revenue is to be
7 used on new projects. Should the Council approve funding for a completed project, the
8 Council may be liable and would violate the spirit of the economic development incentive,
9 which is to look forward to new economic projects to develop. He supports the motion as
10 amended.
11
12 Brenner stated Councilmember Crawford's reasons are good. Also, consider the
13 County's relationships with all the cities. This is in Ferndale's urban growth area. She
14 doesn't know why the City of Ferndale wasn't involved. It's important that the Public Utility
15 District (PUD) work with the City in the City's urban growth area. If that happened, it
16 wasn't clear in the Council's information.
17
18 Caskey- Schreiber stated legal counsel has concerns about the legality of the funding
19 for that item.
20
21 Notion to approve as amended carried unanimously.
22
23 4. APPOINTMENTS TO THE WHATCOM COUNTY PLANNING COMMISSION FOR
24 VACANCIES IN COUNTY COUNCIL DISTRICT 1, AND DISTRICT 3.
25 APPLICANTS: DAVID HUNTER, RICHARD GILDA, JOHN STEENSMA, GEOFF
26 MENZIES, AND TODD GRANGER (AB2005 -4168)
27
28 District 1
29
30 McShane nominated David Hunter.
31
32 Nelson nominated Dick Gilda.
33
34 Crawford voted for Gilda.
35
36 McShane voted for Hunter.
37
38 Fleetwood voted for Hunter.
39
40 Caskey - Schreiber voted for Hunter.
41
42 Brenner voted for Hunter. She appreciated the comments that were made. She
43 looked up the meeting minutes. It was two years ago. It was a raucous meeting. It was a
44 meeting for Lummi Island. She has attended many Planning Commission meetings. She
45 votes for commissioners based on whether someone puts in a lot of time. She doesn't vote
46 for anyone because she agrees or doesn't agree with them. She always votes for the
47 incumbent unless that person has done malfeasance. The Planning Commission works hard
48 and currently treats people with respect.
49
Whatcom County Council, 1/17/2006, Page 17
1 Nelson voted for Gilda.
2
3 Weimer voted for Hunter.
4
5 David Hunter was reappointed.
6
7 McShane stated he was chair of the County Council at the time. There was criticism
8 of every single Planning Commissioner at that meeting, on both sides. It was a challenging
9 meeting. That is one reason the Council had its own meeting. The plan got put on hold
10 because of the water issue. lessons were learned.
11
12
13 District 3
14
15 Brenner nominated all applicants.
16
17 Weimer voted for Menzies and Steensma.
18
19 Nelson voted for Parlatore and Wiesen.
20
21 Brenner voted for Steensma and Menzies. There were many great
22 applicants.
23
24 Caskey- Schreiber voted for Menzies and Steensma.
25
26 Fleetwood voted for Menzies and Steensma.
27
28 McShane voted for Menzies and Steensma.
29
30 Crawford voted for Wiesen and Parlatore.
31
32 Geoff Menzies and John Steensma were reappointed.
33
34 3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT
35 OF KEN SCHILKE AND TOM THORNTON TO THE WHATCOM COUNTY
36 AGRICULTURAL ADVISORY COMMITTEE (AB2006 -053)
37
38 Nelson moved to confirm the reappointments.
39
40 Motion carried unanimously.
41
42 S. RESOLUTION SUPPORTING THE RETENTION OF THE MAGNUSON
43 AMENDMENT OF THE MARINE MAMMAL PROTECTION ACT (AB2006 -059)
44
45 Brenner stated this is very important. There are elected officials at the federal level
46 who are trying to do away with it. She read a Whereas statement about the oil spill in
47 Valdez, Alaska. Sixteen years later, Exxon is still appealing this. It is difficult to get the
Whatcom County Council, 1/1712006, Page IS
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money recouped when something like that happens. This will not reduce or change
production.
Motion carried 6 -0 -1 with Crawford abstaining.
CORRESPONDENCE APPROVAL
1. LETTER PROPOSED BY COUNCILMEMBER BRENNER TO THE USDA FOREST
SERVICE, PACIFIC NORTHWEST DIVISION, REGARDING OFF -ROAD VEHICLE
USE ON NATIONAL FORESTLAND (AB2006 -057)
(Clerk's Note: End of tape one, side B.)
Brenner stated it's important to support this. They are not getting rid of off road
vehicles. A majority of the United States Association of Counties is doing this. This is to
allow off road vehicles in certain areas so they don't cause damage to ecologically important
areas. The lands belong to all. The ecology of the land is very important. If anyone or
anything is causing environmental problems, which happens in many cases with off road
vehicles, this is a good piece of legislation.
Crawford asked where people who have off road vehicles would go in Whatcom
County today.
Brenner stated this is about federal lands, not about Whatcom County lands. That is
a different issue.
Crawford stated he thinks they eliminated the use in Whatcom County.
Brenner stated this letter is in support of federal legislation. It is not about local
stuff.
Crawford stated he is going to vote no on this letter. He hasn't heard any concerns
against the letter, but he needs more information. It is a complex issue. He abstained on
the resolution supporting the retention of the Magnuson Amendment of the Marine
Mammal Protection Act (AB2006 -059) because he doesn't feel informed enough. It is
also a complex issue. If they are going to get involved in this issue, the Council should at
least have a discussion with the local officials from the Mt. Baker -- Snoqualmie National
Forest.
Nelson stated he is concerned about off road vehicle use on private property. They
can control the use on public land.
Brenner stated the Forest Service proposed legislation to limit off road vehicle use on
federal lands in areas where there could be ecological damage.
Nelson stated he agrees with that. They will have to discuss the issue on a local
level. There will have to be places where the vehicles can be used, or the damage will go
elsewhere.
Whatcom County Council, 1/17/2006, Page 19
1
2 McShane stated these issues are being addressed by this approach. An impact of the
3 decision to allow off road vehicle use in a certain area of the Forest Service is coordination
4 with local timber owners so they don't see negative consequences from uncontrolled access.
5
6 Motion carried 6 -1 with Crawford opposed.
7
8
9 INTRODUCTION ITEMS
10
11 Nelson moved to accept the Introduction Items.
12
13 Motion carried unanimously.
14
15 1. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET, SECOND
16 REQUEST, IN THE AMOUNT OF $18,933,277 (AB2006 -055)
17
18 2. ORDINANCE AMENDING THE DEFINITIONS OF STANDARD MAP
19 AMENDMENT, SITE - SPECIFIC REZONE, AND CONCOMITANT REZONE IN
20 SECTION 20.90.020 OF THE OFFICIAL WHATCOM COUNTY ZONING
21 ORDINANCE (AB2006 -056)
22
23 3. RESOLUTION TO SELL TAX -TITLE PROPERTY TO WHATCOM COUNTY PUBLIC
24 WORKS RIVER AND FLOOD DIVISION BY NEGOTIATION, REQ. #2006 -01
25 (AB2006 -049A)
26
27 4. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ. #2006-
28 02 (AB2006 -050A)
29
30 S. RESOLUTION TO SELL SURPLUS PROPERTY, REQ. #PW2006 -01- (AB2006-
31 051A)
32
33 6. ORDINANCE AMENDING THE WHATCOM COUNTY SHORELINE
34 MANAGEMENT PROGRAM (ON AN INTERIM BASIS), SECTION
35 23.100.20.57, AQUACULTURE REGULATIONS (AB2006 -058)
36
37
38 OTHER BUSINESS and REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
39
40 Nelson stated the mental health conference was held last week in Mt. Vernon. The
41 big item of discussion is decreased State funding. They still advocate that funding be
42 reinstated. The mental health arena is experiencing problems. He will keep the Council
43 apprised of the situation.
44
45 Brenner stated Ann Mosness is a local lobbyist for protecting wild fish and local
46 waters. She sent the Council legislative bills that will be worked on over 60 days. There is
47 Senate Bill 5787 that streamlines the farm fishing process. That is dangerous. Don't create
48 shortcuts for farm fishing. There are many problems with farm fishing.
Whatcom County Council, 1/17/2006, Page 20
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Another bill the Council should support protects spawning beds at certain times of
the year. It is House Bill 2054.
Last, House Bill 1543 requires that any salmon sold have a label showing where it
was produced if farmed or where landed if commercially caught. The public would be aware
of whether the fish was farmed or commercially caught. It gives the consumer information
to make good choices.
Caskey- Schreiber stated the Northwest Clean Air Agency finally received $600,000 in
settlement money from Conoco Phillips, which is taking grant applications for reducing air
pollution.
Crawford stated a young girl was recently killed in a freak accident in a County -
maintained park facility. It is a tragedy. He looks forward to future opportunities to
memorialize her in some way. He hopes there is some way to acknowledge the tragedy.
His feelings of sympathy, grief, and condolences go to the family.
Nelson stated the Council received information on an important issue about Council
Office emergency procedures. Everyone should be aware of the procedures so there is no
confusion.
ADJOURN
The meeting adjourned at 8:45 p.m.
Jill Nixon, Minutes Transc iption
The Council approved these minutes on January 31_, 2006.
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Whatcom County Council, 1/17/2006, Page 21