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HomeMy WebLinkAboutCouncil November 8 20061 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WHATCOM COUNTY COUNCIL Regular County Council November 8, 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 that the following four items were discussed in executive session during the Committee of the Whole meeting: 1. Discussion with Assistant Chief Civil Deputy Prosecutor Daniel Gibson regarding pending litigation (AB2006 -018) 2. Proposed amendments for Resolution No. 2006 -067 (2006 Unrepresented Resolution) and discussion on 2007 Unrepresented Resolution proposed changes (AB2006 -418) 3. Discussion on potential land acquisition issues (AB2006 -018) 4. Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation (AB2006 -018) McShane moved to authorize the Executive to enter into an interlocal agreement with the City of Bellingham and Lake Whatcom Water District 10 to share defense costs of the summary judgment motion filed by the plaintiffs in Skagit County versus the State of Washington regarding Lake Whatcom. Motion carried 6 -I with Nelson opposed. SPECIAL PRESENTATION 1. SPECIAL RECOGNITION OF DONALD AND JUDITH JENSEN FOR THEIR SUPPORT OF PARKS AND RECREATION IN WHATCOM COUNTY (AB2006- 017) Whatcom County Council, 11/8/2006, Page 1 1 Pete Kremen, County Executive, stated they must honor the Jensen family for letting 2 the County acquire the 22 -acre Jensen Family Forest Park. The park is right off the Lynden- 3 Birch Bay Road in the Custer area. It is beautiful and serene. The trail was constructed in a 4 way that one feels miles from civilization. He thanked the Jensen's for their generosity, 5 commitment, and dedication to recreational opportunities in Whatcom County. He 6 presented the Jensens with a token of appreciation. 7 8 Judith Jensen stated this is a dream come true. They hope to serve as an example 9 to other people. Ordinary people can do extraordinary things. 10 11 Caskey- Schreiber thanked the Jensens for their generosity on behalf of the County 12 Council. 13 14 15 MINUTES CONSENT 16 17 1. REGULAR COUNTY COUNCIL FOR OCTOBER 10, 2006 18 19 Brenner moved to approve the minutes. 20 21 Motion carried unanimously. 22 23 24 OPEN SESSION 25 26 The following people spoke: 27 28 Dennis Jones, Sudden Valley, stated Sudden Valley is a diverse community dedicated 29 to preserving the quality of life for its members while preserving the abundant natural 30 resources. He thanked the Water District for working with Sudden Valley on its 31 maintenance. He related the history of Sudden Valley. All the options need to be laid out 32 for the community. 33 34 Johnnie Grames, Bellingham, stated he is disappointed that the Council didn't 35 investigate what he was trying to point out about his public disclosure and the 36 incompetence and corruption of government officials. He hopes that with the new 37 Congress, the Council will perform a similar function. See how they operate with the other 38 two branches of government. 39 40 Tim Yeomans, Mt. Baker School District Assistant Superintendent, stated he supports 41 the resident deputy for east Whatcom County. 42 43 Kathy Berg stated she thanks the Council and Executive for moving forward on the 44 feasibility study on the incorporation of Birch Bay. The citizens of Birch Bay would like to 45 have better control. 46 47 Bill Quehrn, Building Industry Association of Whatcom County Executive Director, 48 stated he would like an opportunity to come to the Council and give a presentation to the 49 Council. He submitted a handout of the presentation (on file). 50 51 Meg Grable stated she speaks for concerned citizens from Birch Bay Village. Six to 52 eight weeks ago, they found out about a proposed detour route on Birch Point Road. She 53 was immediately alarmed because many children ride school buses. Within a week, she was Whatcom County Council, 11/8/2006, Page 2 informed that the County had not authorized the detour, and things would change. Then she was told it wouldn't change. It would be known as the Birch Point Spur. She also discovered there would be a retention pond in this spur area. The community is even more concerned due to the troubles they already have with the slough. The Public Works Department staff are going to meet with the community. She asked that work on the retention pond to be stopped until all parties can discuss the plan. Brenner asked if work on that project isn't going to start for several weeks. Public Works Director Monsen indicates that is correct. Grable stated she has been told by Wilder Construction that they have authority to begin the contract within the next three weeks. She appreciates that Director Monsen and County engineers will talk with the community. PUBLIC HEARINGS 1. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR 2007 PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB2006 -40$) Caskey - Schreiber opened the public hearing and, hearing no one, closed the public hearing. McShane moved to adopt the ordinance. Motion carried unanimously. 2. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY ROAD PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR 2007 PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB2006 -409) Caskey - Schreiber opened the public hearing and, the following person spoke: Pat Alesse, 4825 Alderson Road, Birch Bay, asked if they know the total assessment for the road district for this next year. That's information they should know. Nelson stated the amount is $22 million for 2007. Hearing no one else, Caskey - Schreiber closed the public hearing. Nelson moved to adopt the ordinance. Motion carried unanimously. Crawford stated the general fund amount for 2007 is $70,102,811. The County road fund for 2007 is $22,099,499. 3. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY CONSERVATION FUTURES PURPOSES IN WHATCOM COUNTY, WASHINGTON, FOR THE YEAR 2007 PURSUANT TO HOME RULE CHARTER SECTION 6.10 (AB2006 -410) Whatcom County Council, 11/8/2006, Page 3 Caskey- Schreiber opened the public hearing and, hearing no one, closed the public hearing. Fleetwood moved to adopt the ordinance. Crawford stated the budget revenue for this fund in 2007 is $931,904. Motion carried unanimously. 4. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT (WCFCZD) FOR THE YEAR 2007 (AB2006- 411) (COUNCIL ACTING AS THE WCFCZD BOARD OF SUPERVISORS) Caskey- Schreiber opened the public hearing and, hearing no one, closed the public hearing. McShane moved to approve the resolution. Motion carried unanimously. S. ORDINANCE ADOPTING THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM 2007 -2012 (WHATCOM COUNTY COMPREHENSIVE PLAN — APPENDIX F) (AB2006 -384) Caskey- Schreiber opened the public hearing and, hearing no one, closed the public hearing. Brenner reported for Public Works Committee. The committee recommends approval with one amendment. She moved to amend Council packet page 100, "...have to compfete with ether- ear =e higher priority functions of County government." Motion to amend carried unanimously. Motion to adopt as amended carried unanimously. 6. ORDINANCE ADOPTING THE FINAL BUDGET OF WHATCOM COUNTY FOR THE BIENNIUM 2007 -2008 AND RESTRICTING THE EXPENDITURE OF CERTAIN FUNDS THEREIN (AB2006 -263B) Dewey Desler, Deputy Administrator, stated he and the Executive are pleased to present the budget. There are no new taxes. They will expand some services. The budget allows additional Sheriff's deputies and additional capacity in the Health Department, Planning Department, courts, Prosecutor's Office, and Public Defender's Office. Other improvements will allow many environmental issues and development issues to be appropriately addressed. It calls for continuing cooperation of other governments in Whatcom County. He appreciates the time and attention the County Council has devoted to the budget during the last few weeks. He referenced and read portions of a summary of Council changes and technical corrections made to the budget since its introduction (on file). The total technical and Council adjustments over two years will be $1,377,000. The overall total to all funds with all adjustments would be $1,391,986. Crawford asked if their general fund balance at the end of 2006 would be $22,085,991. At the end of 2007, they will spend that down by approximately $7 million to Whatcom County Council, 11/8/2006, Page 4 $15,333,000. At the end of 2008, they will spend that down to $11,520,331. Desler stated that is correct, based on actual expenditures and actual predicted revenues. Some of those expenditures are one -time expenses. That includes a $3.5 million fund established to care for retiree health costs for retired deputies. Caskey- Schreiber opened the public hearing and the following people spoke: Kris Ungern, 2095 Northshore Road, stated he would comment on the general fund budget and process. In the past, the County budgeted for deficits, but realized surpluses, due to higher than projected revenues and reduced expenditures, which was considered fiscally responsible. The new budget draws down the reserve funds. He asked how this can be considered fiscally responsible, compared to the prior six year period. In past years, County cash reserves were built up while officials said that County finances were facing a crises. They claimed the County needed a special levy to fund emergency medical services, when it should have been automatically included in the County budget. Cash reserves of eight percent is standard. A reserve of 15 percent is desirable for a good bond rating. Cash reserves increased to over 30 percent, in violation of the Revised Code of Washington (RCW) 35.40.090. County officials have been non - responsive on this point, and suggest that the RCW is too vague or does not apply. County officials do not have the right to decide which RCW to follow and which one to ignore. Large accumulated cash reserves mean the public has been overcharged. Some of the money should be refunded or future property taxes should be reduced. The County is choosing to dip into cash reserves to fund pet projects during the next budget cycle. About $3.5 million is going to the health benefit retirement plan. This means the retirement is under - funded or money has been diverted from the pension plan for other uses. About $5.3 million has been allocated to fund additional service requests (ASR's). The public deserves to know what this money will be used for. He suspects some of the ASR's are undesirable, such as a consultant study for affordable housing, which is a scheme to force inclusionary zoning on the county. A recent proposal for funding a legacy plan will divert money to a local politically active environmental organization. They need a citizen advisory group to provide oversight to the County budget. Bill quehrn, Building Industry Association of Whatcom County Executive Director, submitted a photo of downtown Bellingham in 1900 (on file). At the time, the folks of that era probably didn't want to see the city change. He is speaking of the legacy program. If the visionaries had managed to impose their will on the future, there would have resulted numerous consequences. A myriad of other changes embraced by the rest of the world might never have happened here because no one living back then could have predicted them. The result would have been the death of the city, starved by a lack of vision. Whatcom County has been unable or unwilling to plan for the next 20 years as required by the State law. Don't use a taxpayer funding initiative that was not designed to bring Whatcom County into compliance with its present mandate. Elected officials must perform future planning in a carefully prescribed process that must be open and inclusive. Don't hand that task over to anyone else. He has no objection to groups of people talking about whatever they wish on their own time and with their own resources and presenting those ideas for public discussion. However, don't superimposed a self- appointed group on citizens. of Whatcom County, with the goal of binding future elected officials to the product of their veiled and hidden agenda is not something the Council should attempt. Mary Dickinson, Building Industry Association of Whatcom County Governmental Affairs Director, stated she will speak on the Whatcom Legacy Plan. She read from a newspaper article by Harvey L. Dickinson in 1891. Whatcom County Council, 11/8/2006, Page 5 1 (Clerk's Note: End of tape one, side A.) 2 3 Dickinson continued to read from the 1891 newspaper article. She is a descendant 4 of the author. They established what is now the Hotel Leopold and other local enterprises. 5 They planned to make the city of Fairhaven, not Bellingham, the San Francisco of the north. 6 Bellingham would not become a city for twelve more years. Much has happened in the past 7 century. They can't plan for 100 years into the future when they can't predict the future. 8 9 Rebecca Boonstra, Peaceful Valley, stated she represents citizens of Columbia Valley. 10 . She is in favor of additional Sheriff deputies. Four deputies patrol over 2,125 square miles. 11 The Sheriff's Office has the lowest ratio of officers to residents than any police agency in the 12 county. Six years ago, an independent consultant described the staffing as inadequate and 13 recommended hiring 30 new deputies. In the meantime, the Sheriff has done an excellent 14 job of making do with the resources he has. At this time, more resources need to be 15 allocated to meet the needs of the community. People in the community are expressing 16 concern over the inability of deputies to respond timely. Do more to address their concerns. 17 Intervene with juvenile offenders before they find the criminal lifestyle. Address career 18 criminals to ensure that gang activities don't thrive in the Kendall area. The Council and 19 Executive are working to improve the current system. She recognized Deputy Cliff Langley 20 for his presence in the east county area. Add at least five deputies per year. 21 22 Dana Quam, Whatcom County Association of Realtors Governmental Affairs Director, 23 stated $75,000 is budgeted for a consultant to conduct an affordable housing study in 24 Whatcom County. Her members advocate for providing housing opportunities to all 25 segments of society. She is concerned that the proposed study has a pre - determined result 26 by mandating the consideration of an inclusionary housing ordinance. Governor Gregoire's 27 task force on affordable housing produced a report on affordable housing. Inclusionary 28 zoning is not one of the recommendations. Consider their solutions before going to 29 inclusionary zoning. This program only touches on the periphery of the affordable housing 30 problem. It is a minor part of the solution. Don't direct lots of money and time on this. 31 Find better solutions that get to the heart of the problem of affordable housing. 32 33 Thea Kleiber, Mt. Baker Theater Board and staff, stated she thanks the Council for 34 including the Mt. Baker Theater in the budget. Every year, they spend about $1.8 million 35 bringing theater programs to the public. Of that budget, about $600,000 is contributed 36 revenue from a variety of sources. The County's contribution will support more than 7,000 37 children attending educational programs and helps leverage funding from private sources. 38 39 Norma Otto, 8519 Bluebell Court, Maple Falls, stated she thanks Council for funding 40 four new deputies. Government must provide for the safety of its people. She supports the 41 resident deputy program. Deputies with families know they have to go into potentially 42 dangerous situations when backup is a long way away. She is impressed with the deputies. 43 They must all recognize what the Sheriff's Office must deal with. 44 45 Penny Carter, 8 Morning Beach Drive, Sudden Valley, stated she thanks the Council 46 for funding four new deputies. The Sheriff support has been understaffed in the past. 47 There is a long response time in the very large community of Sudden Valley. Provide 48 additional support to the Sheriff for homeland security at the border. The federal 49 government has not supported the efforts of the local governments in defense of the 50 country. 51 Whatcom County Council, 11/8/2006, Page 6 Dan Marantette, 299 Sudden Valley, stated include additional sheriff deputies. A recent domestic violence response took over 30 minutes. They can't continue to have that. He thanked the Council for its efforts and for the extra deputies. Doralee Booth, 8188 Birch Bay Drive, stated she thanks the Council for helping to implement the Birch Bay Comprehensive Plan. She supports additional deputies for the Sheriff. If they are going to allow growth in the county, they must pay the cost of the services in these areas. People in unincorporated Whatcom County deserve no less law enforcement than people in the municipalities. The Sheriff's Office covers an area 40 times as large as all the cities combined, with one -third of the deputies. Whatcom County ranks low in the ratio of deputies to population when compared to six other similar counties. None of these comparable counties deal with the volume of State criminal cases initiated by federal law enforcement and Homeland Security on border - related issues. The County staffs one deputy for every 1,095 residents. The 2000 study says the County should aim for one deputy for every 833 residents. Birch Bay residents are well aware of the phenomenal growth going on in its part of the county. She is pleased with the budgeted resident deputy. Continue additional funding in future years. Dennis Jones, Sudden Valley, stated he thanks the Council for helping folks in Sudden Valley. Washington State is in the middle of all states in terms of taxes. Whatcom County is only one county of two in the state that hasn't raised its tax rates. The county is blessed by increased property values. Sudden Valley is the fifth largest community in the county. It has a $2.6 million budget. The City of Everson is half the size of Sudden Valley, and has a budget of $4.5 million. Blaine is about the same size of Sudden Valley, and has budget of $12 million. He proposes a Sudden Valley mutual + public funding district instead of private impact fees. They can get back some money for roads and stormwater in addition to their own funds. It will be a public /private partnership. Sheila Connors, Bellingham /Whatcom Chamber of Commerce Marketing and Events Director, stated she asks the Council to reconsider funding for 2008. They have a great economic impact on the community. Volunteers provide community service to the event. Caskey - Schreiber stated the Council may fund it in 2008, but she wants to get through one local election cycle to make sure the Chamber does not act like a political action group. The Chamber can reapply after 2007. Pat Alesse, 2825 Alderson Road, Birch Bay, stated the feasibility study for Birch Bay incorporation is important. That study will need to cover how bonds work. Property valuations have gone up approximately 100 percent for this next year. Study affordable housing, but don't look just at the house. Also consider services for the houses, the family budget, and availability of public transportation. Claudia Hollod, 8240 Birch Bay Drive, stated she thanks the Council for funding the feasibility study for Birch Bay incorporation and the neighborhood deputy. She would like to see more, given the number of square miles the deputies must cover. Sheriff Elfo is a tremendous asset to the community. They've given him a terrible burden to carry. The County isn't providing enough coverage. Find ways to fund more deputies. The county is growing. Geoff Menzies, 988 West Laurel Road, stated he thanks the Council for its service to the community. The Puget Sound Restoration Fund asked to help restore water quality and shellfish harvesting in Drayton Harbor. Since, they have raised over $400,000 in cash and in -kind contributions to help restore the harbor. The Puget Sound Restoration Fund is now Whatcom County Council, 11/8/2006, Page 7 1 transitioning out of its support for Drayton Harbor restoration, He's disappointed in this 2 budget. After ten years of the advisory committee working, there isn't a line item for 3 implementation of the Drayton Harbor Shellfish Plan. The Council adopted the plan in 2000. 4 The budget includes funds for critical areas ordinance (CAO) enforcement. He supports 5 funds for the Conservation District's Conservation Planning on Ag Lands (CPAL) Program. 6 He does not approve the funding for the water resource review of all the water plans. Their 7 plan has been on the books for years and was adopted by the Council. However, the 8 County is spending money on consultants to tell them what they already know they need to 9 do. Instead, bring folks together who have been involved in various issues to establish that 10 criteria. Restoring water quality in Drayton Harbor is a big task. They have gotten a little 11 partnership from the County. The County will need to partner in a much bigger way to 12 restore the bay. It's not about the industry. It's a public health problem. The Council is 13 responsible for restoring the bay. The industry won't reinvest in the harbor until the 14 community invests in protecting its own public health. It may mean new taxes. 15 16 Mac Carter, Sudden Valley Board of Directors, stated he thanks the Council for the 17 neighborhood deputy for the area. He encourages the Council to think about how it 18 allocates the budget for security issues in the county. 19 20 Hearing no one else, Caskey- Schreiber closed the public hearing. 21 22 Brenner stated someone testified on the pension plan. It is under - funded. People 23 are worried about the affordable housing plan being only one thing. It's very clear that they 24 are to be looking at every single type of affordable housing. It is supposed to be a menu of 25 things the community can do. That should help every part of the county. It's not just 26 inclusionary zoning. 27 28 She shares a concern about the Drayton Harbor Shellfish plan. They withdrew that 29 money because they wanted to start implementation of the water resource inventory area 30 (WRIA) plan. They got told by the Public Works Department's water resources staff that 31 they aren't going to do anything unless the Council does this. The person in charge doesn't 32 have the time. The County has to have a consultant to work with the Council, or else it 33 won't get done. They don't have any choice. They have spent many hours and many 34 millions of dollars on it. Many people were involved. 35 36 McShane moved to adopt the ordinance. 37 38 Brenner moved to add two more deputies in 2008, in addition to the two approved 39 for 2008. Add four deputies total in 2007 and four deputies total in 2008. The Sheriff is 40 extremely careful with money. When he asks for more deputies, she's confident that the 41 County needs them. 42 43 Nelson stated he appreciates Councilmember Brenner's response to the public to 44 provide for the perceived need in law and justice. He's heard issues about response times 45 during every budget cycle he's been through. Everyone would like a five- minute response 46 time, but it isn't feasible. The County is not an urban city. It is a rural county. Current law 47 and justice expenditures are almost 60 percent of the County's total budget. When he 48 began on the Council, it wasn't quite 50 percent of the total budget. They have increased 49 law and justice ten percent. Don't take drastic steps. Work with all branches of the 50 criminal justice system to make sure they provide adequate coverage in all areas. He will 51 not support the motion. 52 Whatcom County Council, 11/8/2006, Page 8 1 Brenner stated she doesn't expect a five minute response time in the far reaches of 2 the county. She expects better response times than are able to happen now. She tried to 3 get information on the number of deputies per square mile. There are many areas with lots 4 of development. That is a lot of mileage for the deputies. Her motion is a compromise. 5 6 Caskey- Schreiber stated she supports the motion. Public safety should be one of the 7 Council's highest priorities. Sheriff Elfo asked for six deputies in 2007 and six deputies in 8 2008. The budget funds four deputies in 2007 and two deputies in 2008. 9 10 Motion to amend failed 3 -4 with Brenner, Caskey- Schreiber, and Fleetwood 11 in favor. 12 13 Brenner asked for an update on affordable housing. When they designate money for 14 this, she understood they would create the parameters of what they want included. She 15 asked about meetings that are taking place already. It sounds like there is already a 16 request for qualifications (RFQ). 17 18 Caskey- Schreiber stated they are not into that budget. The Council isn't there yet. 19 20 Brenner asked if the Council will have input into the RFQ. 21 22 Desler stated he and the Executive have met with City and County officials to talk 23 about an affordable housing effort. One idea is an interlocal agreement with the City of 24 Bellingham that will come forward for the Council's review and approval. A part of the 25 interlocal agreement is a process that includes an RFQ for consulting services. The Council 26 will review that as well. They are looking to the City of Bellingham to be the business entity 27 to oversee the contract. The County will have opportunity for adequate review and input. 28 29 Brenner asked who decided that the City will be in charge. Desler stated the County 30 made the offer to the City. If the County Council wants to do something different, they can 31 discuss it. 32 33 Brenner stated she wasn't invited to this meeting. She asked when is the next 34 meeting. This is going to be a broad menu of affordable housing options. 35 36 Crawford stated he is in favor of the budget but has some concerns in general. The 37 County shouldn't be funding a number of these expenses. However, it's important to get 38 the budget through. They are talking about $360 million over the next two years. He 39 thanked the Executive's Office staff for working with him on his concerns. The 40 administration was willing to work with the Council, and the Council needs to be willing to 41 work with the administration. Therefore, he will support the adoption of the budget. It is a 42 good budget. It spends down the reserves significantly, which he is concerned about. He is 43 concerned that the focal economy will become more negative in a couple of years from now. 44 They are all stewards of the tax dollars, and must make sure the dollars are being spent 45 wisely. 46 47 Caskey - Schreiber stated she thanks the administration for working with the Council 48 on all its changes. It is a very good budget. They are dipping into the County reserves a 49 bit. She is comfortable with that. She is also comfortable with the amount of reserves left 50 in the fund. 51 52 (Clerk's Note: End of tape one, side 8.) 53 Whatcom County Council, 11/8/2006, Page 9 Brenner stated it took a lot of convincing for her to support the Legacy Plan. She supports it because the concept is very good. They aren't giving this to anyone. it will go through the same legal process of any contract the County would do. Anyone can have a copy of what they will do. There will be an RFQ to which anyone can respond. This is a good idea and worth pursuing. She supports the budget. Nelson stated he thanks the administration, Council, staff, and public. They don't always get what they want. He appreciates the comments made tonight. He likes to have input on how much reserves the County has. Pete Kremen, County Executive, stated he thanks the Council for its work with the administration. They may differ on some of the issues, but it has been a collaborative effort. The differences are indicative of all their desires to serve the needs of the people who they were elected to represent. He is proud of the budget and looks forward to continuing to work with the Council on behalf of the community. Motion to adopt carried unanimously CONSENT AGENDA Nelson reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through five. Motion to approve Consent Agenda items one through five carried unanimously. 1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE USE OF THE WASHINGTON STATE CONTRACT TO ESTABLISH CEI GROUP WITH GITT'S AUTOBODY OF FERNDALE, AS THE SERVICE PROVIDER FOR AUTO BODY REPAIR SERVICES ON AN AS NEEDED BASIS, IN AN AMOUNT ANTICIPATED TO EXCEED $35,000 (AB2006 -413) 2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM COUNTY FIRE PROTECTION DISTRICT NO. 14 TO FURNISH FIRE PROTECTION SERVICES TO THE PARKS & RECREATION DEPARTMENT BUILDINGS AND EQUIPMENT LOCATED WITHIN OR ADJACENT TO THE ESTABLISHED BOUNDARIES OF FIRE DISTRICT NO. 14 (AB2006 -414) 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT PROVIDING FUNDING TO PARTIALLY COVER WAGES OF TWO OFFICERS, ONE FROM THE WHATCOM COUNTY SHERIFF'S OFFICE AND ONE FROM THE BELLINGHAM POLICE DEPARTMENT, WHO ARE ACTIVELY PARTICIPATING WITH THE NORTHWEST REGIONAL DRUG TASK FORCE, IN THE AMOUNT OF $112,562 (AB2006 -415) 4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND DECADE SOFTWARE COMPANY, LLC TO PROVIDE A SOFTWARE SYSTEM TO ADMINISTER ENVIRONMENTAL HEALTH PROGRAMS, IN THE AMOUNT OF $86,500 Whatcom County Council, 11/8/2006, Page 10 ($49,300 FOR THE FIRST YEAR AND $18,600 FOR EACH OF THE TWO SUBSEQUENT YEARS) (AB2006 -416) 5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND VISITING NURSING HOME CARE TO PROVIDE NURSING SERVICES AND JAIL HEALTH PROGRAM OVERSIGHT FOR THE WHATCOM COUNTY JAIL AND WORK CENTER IN THE AMOUNT OF $643,271.32 (AB2006 -417) OTHER ITEMS 1. RESOLUTION APPROVING THE JULY 2006 BIRCH BAY COMPREHENSIVE STORMWATER PLAN (AB2006 -426) Fleetwood reported for the Planning and Development Committee and moved to approve the resolution. Motion carried unanimously. 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM LONG TERM URBAN GROWTH AREA TO SHORT TERM URBAN GROWTH AREA FOR APPROXIMATELY 34 ACRES WITHIN THE SOUTHERN PERIPHERY OF THE BIRCH BAY COMMUNITY PLAN, SOUTH OF HOLEMAN ROAD (AB2006- 386) Brenner moved to adopt the ordinance. Motion carried unanimously. 3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE A NEW LIQUOR LICENSE APPLICATION FOR HANNEGAN SEAFOODS, LLC, 6069 HANNEGAN ROAD, BELLINGHAM WA 98226 (AB2006 -419) McShane moved to approve the request. Motion carried unanimously. COMPREHENSIVE PLAN AMENDMENTS 1. ORDINANCE ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN AND THE UR AND URM ZONING DISTRICTS RELATING TO LOT CLUSTERING, RESERVE TRACTS AND WATER AND SEWAGE DISPOSAL FACILITIES (AB2006 -406 ) Fleetwood reported for the Planning and Development Services Committee and stated this item was held in committee for two weeks. INTRODUCTION ITEMS Nelson moved to accept the Introduction Items. Whatcom County Council, 11/8/2006, Page 11 Motion carried unanimously. 1. ORDINANCE ADOPTING 2% LODGING TAX PURSUANT TO AUTHORITY GRANTED IN RCW 67.28 (AB2006 -420) 2. ORDINANCE AMENDING WHATCOM COUNTY HEALTH CODE WCC 24.05, ON SITE SEWAGE REGULATIONS (AB2006 -354) (COUNCIL ACTING AS THE HEALTH BOARD) 3. ORDINANCE ADOPTING A MINERAL RESOURCE LANDS COMPREHENSIVE PLAN AND ZONING DESIGNATION ON BRECKENRIDGE ROAD (AB2006 -422) 4. RESOLUTION AMENDING THE CURRENT WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FUNDING MECHANISM AND LEVELS FOR THE SUMAS/ NOOKSACK/ EVERSON SUBZONE (AB2006 -423) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) S. RESOLUTION AMENDING THE CURRENT WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FUNDING MECHANISM AND LEVELS FOR THE ACME /VAN ZANDT SUBZONE (AB2006 -424) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 6. RESOLUTION AMENDING THE CURRENT WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FUNDING MECHANISM AND LEVELS FOR THE LYNDEN /EVERSON SUBZONE (AB2006 -425) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 7. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON APL06 -0010 FILED BY LOBDELL (AB2006 -412) S. ORDINANCE REMOVING THE LOT CLUSTERING PROVISION, ON AN INTERIM BASIS, FROM WHATCOM COUNTY CODE 20.42, RURAL FORESTRY DISTRICT (AB2006 -393A) OTHER BUSINESS AND COUNCILKEMBER REPORTS Brenner stated she attended the Salmon Summit last Thursday. The discussion was about how much population they can have without irreparably damaging the natural resources. That information would be helpful for planning. The consultant said they have to be careful when they make assumptions based on certain data so they don't have unintended consequences. Caskey- Schreiber stated she met with the Washington State Department of Transportation about signalization at East Pole Road at Hannegan Road. The citizens would like the State to reduce the speed from 50 miles per hour to 35 miles per hour on East Pole Road through that intersection. The State is reluctant. They are negotiating to have signal warning light change signs installed. She may ask the Council to support a letter. McShane stated he was shocked when he found out the speed limit was 50 miles per hour. He thought it was 35 miles per hour. He attended the Salmon Summit also. He has reason to be optimistic when thinking about watersheds. There is a major issue about protecting watersheds in urban growth areas that Planning Director Hart is aware of. Whatcom County Council, 11/8/2006, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Caskey - Schreiber stated the meeting next week is scheduled from 10:00 a.m. to 1:00 p.m. and 2:00 p.m. to the end of the day. ADJOURN The meeting adjourned at 8:51 p.m. Jill Nixon, Minutes TranscriptYon The Council approved these minutes on December 5 , 2006. ATTEST- '(Y C O� i �p WHATCOM COUNTY COUNCIL `: *00 ••/� WHATCOM COUNTY, WASHINGTON r • f `• 7uhf .•• NG�.+� • ••• Clgk Laurie Caskey -S hreiber, Council Chair Whatcom County Council, 11/8/2006, Page 13