HomeMy WebLinkAboutCouncil December 6 20051
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Regular County Council
December 6, 2005
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
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
Caskey- Schreiber presented and read from a certificate of appreciation to
outgoing Councilmember Sharon Roy. She thanked Councilmember Roy for her
years of service on the County Council. She will be missed.
Pete Kremen, County Executive, stated Councilmember Roy had deep
convictions on which she never compromised. She served with class and
distinction. Councilmember Roy has been a valuable asset to all of Whatcom
County.
Brenner stated Councilmember Roy has been the glue that has held some of
them together. She appreciates her service on the Council.
Cathy Berg, Birch Bay, stated she appreciates everything Councilmember
Roy did for Birch Bay and the entire community.
Doralee Booth, citizen, stated she thanks Councilmember Roy for her work in
Birch Bay.
Claudia Hollod, Blaine, thanked Councilmember Roy for her open -
mindedness, professionalism, dedication, tirelessness, and deep integrity.
Councilmember Roy voted her conscious.
Crawford stated he was very impressed with Councilmember Roy's
stewardship of taxpayer's dollars and County resources. Councilmember Roy
Whatcom County Council, 12/6/2005, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
always asked the right questions at the right time. He enjoyed working with her on
the Council.
McShane stated Councilmember Roy is the only person he asked to run for
office. He thanked the residents of Birch Bay in convincing Councilmember Roy to
run for office. They are a better county for it. Councilmember Roy has been able
to create a legacy. She is a great voice for the Birch Bay area.
Fleetwood stated he will miss Councilmember Roy very much.
Caskey- Schreiber stated Councilmember Roy is important to this County
Council. There is so much work that goes on behind the scenes of these meetings.
She is in integral part of that work. She has worked tirelessly over the years for
the County. Whatcom County can do no better than to have Councilmember Roy as
its representative.
Nelson thanked Councilmember Roy for serving the community.
Roy stated she is proud to be a part of this group. She has a special bond
with Councilmembers Fleetwood and Caskey- Schreiber because they campaigned
together. The rest of the councilmembers made them feel welcome. She is excited
about what they've accomplished over the years. She's excited about the future.
Everyone's' perspectives are different. The willingness to listen to each other and
move forward is significant. The administration is terrific. The office staff is
fantastic.
MINUTES CONSENT
Fleetwood moved to approve the Minutes Consent items.
Motion carried unanimously.
1. COMMITTEE OF THE WHOLE FOR NOVEMBER 22, 2005
2. REGULAR COUNTY COUNCIL FOR NOVEMBER 22, 2005
OPEN SESSION
The following people spoke:
Tim Paxton, 2120 Ellis Street, Bellingham, stated he wants to talk about the
Lake Whatcom Reservoir. The City of Bellingham will write a letter to Whatcom
County regarding the Sudden Valley provisional urban growth area (UGA). The
provision is that the future density of Sudden Valley is somehow constrained by the
interlocal agreement. The letter will point out that the Interlocal Cooperation Act
Whatcom County Council, 12/6/2005, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
does not allow interlocal agreements between a community association or non-
governmental unit and Whatcom County. The fact that it's illegal makes it a weak
method for constraining density and it's hard to have a third party constrain the
density of the future City of Sudden Valley. The City is hearing that Sudden Valley
wants to incorporate to have more control over its land use, which implies a higher
density. The City Council approved a resolution opposing incorporation of Sudden
Valley.
Chris Hatch, Flood Control Zone District Advisory Committee, stated he
recommends that the Council reappoint Fred Polinder, Art Anderson, and Ron
Bronsema, and appoint Tom Westergreen to the boards and commissions for which
they've applied. They are dedicated, hard workers.
Dennis Jones, 1487 Sudden Valley, stated he appreciates this Council going
through the process regarding Sudden Valley. He supported Sudden Valley going
through the process of finding out about becoming a city. Sudden Valley is a club.
Another option is to be a County parks district or a stormwater control district. He
thanked Councilmember Roy. Sudden Valley now has a plan for what it wants to
become.
John Graines, 4478 Northwest Drive, stated his subject concerns public
disclosure. The people in the courthouse have a blank check with little oversight
and review. Pay attention to what is going on. He read from the December 1
Whatcom Independent that says County government is fairly open. However, his
experience as a citizen is the opposite. His public information request has been
stonewalled. He submitted it three times. He questions whether there is a cover -
up. His constitutional and civil rights have been violated.
Brenner stated the Council hasn't received anything. It is a legislative body.
He asked if Mr. Graines submitted a request to the County Council. She doesn't
know what the concern is. Graines stated he doesn't know what more he can
provide. He provided everything to the Executive, which is the Council's staff.
Brenner stated the Executive is not the County Council's staff.
John Lesow, 317 Madrona Place, Point Roberts, stated he asks the Council to
consider two growth - related issues early in 2006. The first is a public hearing and
presentation on the logistical population model by Dr. McLaughlin, which was made
to the Bellingham City Council in August. It deserves a full hearing before the
County Council and County Planning Commission. He submitted copies of Dr.
McLaughlin's presentation to the City Council (on file). The second issue is a
building permit allocation program for the County modeled along the same program
presented by David Hunter to the Council in October. Both topics are controversial.
Now is the time to move on them. They have the political capital. Lower the 20-
year population projection to 34,000 and create a building permit allocation
program.
Whatcom County Council, 12/6/2005, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Ian Morgan, 916 E. Maple, Bellingham, stated the Council's resolution
regarding vigilante activity at the border was not adequate. It did not mention the
Minutemen project. It was more in favor of their presence than opposed to it. He
submitted information from a Time magazine report about the Minutemen protest
of a day labor camp in Phoenix (on file). The Minutemen are moving from the
border to towns near the border. By not outwardly opposing them, they have an
opportunity to expand to monitor and harass day labor centers. He invited the
councilmembers to attend a Human Rights conference this Saturday to view a
movie, On the Border; The Return of the Militias.
Crawford stated that if the movie is available on DVD, it would be effective if
the Council had it. He would try to view it.
Dave Cahn, 1215 High Street, stated he opposes the Minutemen
organization. He read from the East Valley Tribune in Arizona (on file). It is a
racist organization. The legislation they are pushing for and their other activities
mostly affect poor people of color, whether they're from this country or other
countries.
Rosalinda Guillen, 1800 - 20th Street, Bellingham, stated she opposes the
Minutemen organization. It is a racist organization. She read the border
vigilantism resolution approved by Democratic National Committee. The resolution
was passed unanimously. She invited the councilmembers to attend the conference
on Saturday to learn about the history and development of the Minutemen group.
Dave Pros, 1466 Roy Road, stated he thanked the Council for protecting the
Lake Samish watershed. The definition of planning is a method of acting,
proceeding, or developing in advance. Planning is a specific project or definite goal,
such as a plan for the future. Create a committee to look ahead 100 years and plan
for how they would like the county to look. Create broad based blue ribbon panel
created to bring to the voters several land use plans. Know what the citizens of the
county would like to have happen. They are undergoing rapid changes. It's
difficult for people to have tremendous change happen quickly. Instead, have a
long range plan and a context within which they can make decisions. The County
should take the lead in this planning effort.
Nelson stated it would be very difficult to anticipate the technology and
inventions that will affect people in 100 years. He asked from where this 10 -year
timeframe is coming. Pros stated that if they don't decide the direction, the future
will happen by chance. He agrees there will be many changes. The direction they
want to go will also change over time. A committee could bring forward three or
four options the people can vote on.
PUBLIC HEARINGS
Whatcom County Council, 12/6/2005, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 11,
BOATING AND SWIMMING, TO LIMIT THE USE OF LIMB - PROPELLED
FLOTATION DEVICES ON THE SOUTH FORK OF THE NOOKSACK RIVER
FROM JUNE 1 THROUGH OCTOBER 31 (AB2005 -173A)
Caskey- Schreiber opened the public hearing and the following people spoke:
John LaMonte, 6184 Saxon Road, Acme, stated there should be an eight -year
sunset date to see if the limit helps the salmon recover. Get a count of the Spring
Chinook that come up the river. He and the Acme store are the most affected by
the ordinance. Some of the people at his campground enjoy riding inner tubes on
the river, but he won't oppose the ordinance at this time.
Dennis Jones, 1487 Sudden Valley, stated he is formerly from Acme. There
are places at Stewart Mountain that would provide great public access for the public
to the river and to trails. The Council must decide whether this is about salmon or
public access to the river. Criteria must be set. Sudden Valley is very much like
Lynden. It is very closed and isolated. The residents are isolated and fearful. They
don't have a clue about the watershed. They have been propagandized by the
clean water lobby or the real estate lobby.
(Clerk's Note: End of tape one, side A.)
Jones continued to state they need to be included in the process. He
thanked the Council for including the people in the South Fork valley in this
process. Create a buffer zone between urban and rural areas.
Eric Jacoby, Acme, stated he thanks the Council for the ordinance. He has
been a resident of Acme for a long time. The Council recognizes that recreation is
and can be a consumptive use of natural resources. A recent State Department of
Natural Resources decision was to close off -road vehicle (ORV) use in the North
Fork area because of documented misuse of salmon habitat. This is a small step
that helps the environmental policy where all citizens and voters must carefully
consider the actions and consequences of their politics. Once everyone begins to
absorb their share of the pain of environmental regulations, there may be a push to
reexamine pseudo- science driven politics and focus on the real cause of the
problem. The citizens of Whatcom County have fallen for the notion of salmon
recovery. This ordinance will be a litmus test to see if they have political
commitment. He supports the ordinance.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Brenner moved to adopt the ordinance. They got a letter from Alan
Chapman, who wanted to add some changes. She emailed him, but the email was
returned as undeliverable.
Whatcom County Council, 12/6/2005, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Roy stated people should support this. Several citizens live along the river
and complained about activities. Also supporting it are the National Oceanic and
Atmospheric Association's Fisheries Division, the Lummi Nation wildlife biologist,
and others. There was a lot of data about the fish and the issue. There is a lot in
the record related to this issue. They are only closing a portion of the river. There
is a broad base of support for this. The Sheriff's Office will deputize officers from
the Department of Fish and Wildlife for enforcement.
Evaluation will happen naturally. They know how many fish return every
year. They have those statistics and will be able to see the impact. She can't
imagine how it won't work.
Nelson thanked Councilmember Roy for her hard work on this ordinance.
Enforcement will be very important. This is the best compromise.
Crawford stated this does not include the reference to 200 feet below the
bridge.
Fleetwood stated several other agencies all support the closure in this
proposal.
Caskey- Schreiber stated she is in favor of the ordinance. She understands
the unfortunate economic implications. However, the economic implications of
losing salmon as a species is enormous. If salmon is not there, other species will
leave, and so will tourism. Get more aggressive in their efforts, or the ecosystem
will be lost due to the loss of the salmon runs. She will do anything she can to
reverse the trend. She thanked Councilmember Roy for her work.
Brenner stated she thanked Councilmember Roy. She is in favor of the
ordinance. One person asked to make it an eight year period so they can tell.
There are a lot of variables affecting the fish run. This is just one part of one
variable out of many variables. She's not sure they are going to see an effect in
eight years from this little piece. There are many other pieces of the puzzle to
bringing back the salmon. Have an integrated approach, or they won't see any
restoration happen soon. She's grateful to anyone who worked on this. They are
taking the mini - steps. Eventually, all the steps will be connected, and that's when
they will see salmon restoration.
Roy stated recreational fishing could be an economic boom if they have a
sustainable salmon run. She thanked Senior Civil Deputy Prosecutor Royce
Buckingham for his hard work on the ordinance.
Motion carried unanimously.
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 10.34, FERRY
RATES, ADDING DEFINITIONS RELATED TO THE FERRY SYSTEM
(AB2005 -443)
Whatcom County Council, 12/6/2005, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Caskey- Schreiber opened the public hearing and the following people spoke:
Michelle Luke, 3342 Sunrise Cove, Lummi Island, stated she reiterates the
comments from Fred Kinney and asks that the word "actual" be inserted in the
definitions as Mr. Kinney recommends in his letter.
Ken Richardson, Accounting Supervisor, stated he agrees with the proposed
amendment that Mr. Kinney suggested.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Brenner moved to adopt the ordinance.
Brenner moved to amend section 10.34.005(B), "Operating Cost - All actual
daily running expenses and all actual regular and routine..." and section
10.34.005(D), "...in comparison to total actual operating costs...." Definitions are an
important place in which to put actual information. Put the actual information in
the definitions.
Motion to amend carried 6 -1 with McShane opposed.
Motion to adopt the ordinance as amended carried unanimously.
3. RESOLUTION ADOPTING THE WHATCOM COUNTY 2006 ANNUAL
ROAD CONSTRUCTION PROGRAM (AB2005 -447)
Caskey- Schreiber stated there is a substitute resolution.
Caskey- Schreiber opened the public hearing and the following people spoke:
Claudia Hollod, 8240 Birch Bay Drive, Blaine, stated she is in favor of the
resolution because the Birch Bay Lynden Road, the Blaine Road, and the Lincoln
Road is included. She's encouraged by Hal Hart's efforts to remedy Birch Bay's lack
of a concurrency ordinance and traffic impact fees. Because of the lack of traffic
impact fees on development in Birch Bay, Birch Bay is in real need of infrastructure.
Lincoln Road is a good start. It's a high priority. It's critical to the economic and
environmental vitality of the beach.
She asked if it's possible to consider installing a roundabout instead of a
signal and left turn lane at the intersection of Birch Bay Lynden Road and Blaine
Road. There is a lot of traffic at that corner.
Drayton Harbor should be left alone. Residents don't want Drayton Harbor
Road repaired for the use of Semiahmoo residents. When Semiahmoo was built,
Drayton Harbor Road was not to be used as a major thoroughfare. People who
Whatcom County Council, 12/6/2005, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
support rebuilding the road only want it as a short cut to their homes in
Semiahmoo. It's not good environmentally for the bay.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Joe Rutan, County Road Engineer, stated the first option for the intersection
of Birch Bay Lynden Road and Blaine Road is a roundabout. They have preliminary
designs and right -of -way impacts. They will have to skew to road a bit. It's
something staff will seriously consider. It will be the same design and theme as
potential roundabouts at Lincoln Road at Harborview Road, at Shintaffer Road, and
at Blaine Road. Because of the railroad at Birch Bay Lynden Road and Portal Way,
they will have to stick with a regular signal.
During the Public Works Committee, he handed out a revised page regarding
the Whatcom Chief. The amount on page 283, item 22 should be $750,000, not
$200,000. It will add $550,000 to the total at the bottom. He will provide a
corrected exhibit.
Brenner moved to approve the resolution.
Crawford stated they discussed the Drayton Harbor Road issue. The
improvements to that road do not preclude a decision that the road will be
maintained for vehicles. It may become a pedestrian path or bike path. The
improvements have to occur, regardless of how the road is used. The County
Council has not committed to that road at this time.
Motion carried unanimously.
4. RESOLUTION TO SELL SURPLUS PROPERTY BY AUCTION, REQ. #03-
05 (AB2005 -390C)
Caskey- Schreiber opened the public hearing and the following people spoke:
Jon Seymour, 4088 Mt. Baker Highway, stated he is an adjoining property
owner. There is a dispute over an easement map which takes away access to their
house. He has filed a claim with the County. Either direct the administration to
change the map or postpone until the issue can be resolved. Don't sell off the
property, because they will be selling a lawsuit. He invited the councilmembers to
come out and look at the property.
Royce Buckingham, Senior Civil Deputy Prosecutor, stated an executive
session should be called if there is a decision to postpone.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Brenner moved to go into executive session to discuss pending litigation.
Whatcom County Council, 12/6/2005, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Motion carried unanimously.
(Clerk's Note: The Council was in executive session for five minutes.)
McShane moved to approve the resolution.'
Brenner stated this is being sold as is.
Motion carried unanimously.
S. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE
FLOOD CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE
CURRENT WCFCZD FUNDING MECHANISM AND LEVELS FOR THE
LYNDEN /EVERSON SUBZONE (AB2005 -450)
(Council acting as the Flood Control Zone District Board Of Supervisors.)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
6. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE
FLOOD CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE
CURRENT WCFCZD FUNDING MECHANISM AND LEVELS FOR THE
ACME /VAN ZANDT SUBZONE (AB2005 -449)
(Council acting as the Flood Control Zone District Board Of Supervisors.)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to approve the resolution.
Motion carried unanimously.
7. RESOLUTION BY THE GOVERNING BODY OF THE COUNTY -WIDE
FLOOD CONTROL ZONE DISTRICT (WCFCZD) EXTENDING THE
CURRENT WCFCZD FUNDING MECHANISM AND LEVELS FOR THE
SUMAS /NOOKSACK /EVERSON SUBZONE (AB2005 -448)
(Council acting as the Flood Control Zone District Board Of Supervisors.)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Whatcom County Council, 12/6/2005, Page 9
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner moved to approve the resolution.
Motion carried unanimously.
8. ORDINANCE ADOPTING THE 2006 WHATCOM COUNTY UNIFIED FEE
SCHEDULE (AB2005 -444)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Nelson moved to adopt the ordinance.
Brenner asked about a $240 permit fee for restaurants. Jeff Margolis told
her that the fee has jumped a lot each year.
Regina Delahunt, Health Department Director, stated the rates for 2006 are
the same. They increased the rate in 2005. She will check on the rate increase.
Before 2005, they haven't increased the rates in a few years.
Motion carried unanimously.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items one through 17.
McShane withdrew item six.
Brenner withdrew item four.
Motion to approve Consent Agenda items one through three, five, and
seven through 17 carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM
WHATCOM COUNTY TOURISM TO PROVIDE SERVICES TO PROMOTE
TOURISM IN WHATCOM COUNTY, IN THE AMOUNT OF $95,000
(AB2005 -452)
2. 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, THE COURTS, COUNTY LIBRARY, SENIOR CENTERS,
COUNTY PARKS, ETC., IN THE AMOUNT OF $35,000 (AB2005 -453)
Whatcom County Council, 12/6/2005, Page 10
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND LAKEVIEW
TECHNOLOGY INC. TO PROVIDE SOFTWARE, IMPLEMENTATION AND
ASSOCIATED MAINTENANCE FOR THE NEW ISERIES MID -RANGE
COMPUTER SYSTEM, IN THE AMOUNT OF $38,418 (AB2005 -454)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND EVERTT E. BYERS AND
ASSOCIATES, INC. D /B /A BRAUN CONSULTING GROUP, FOR
NEGOTIATION OF EIGHT COLLECTIVE BARGAINING AGREEMENTS,
GRIEVANCE ARBITRATION, AND LABOR CONSULTATIONS AND SERVE
AS CHIEF SPOKESPERSON FOR THE COUNTY WITH ASSISTANCE
FROM A.S. HUMAN RESOURCES, FOR THE FULL RANGE OF
COLLECTIVE BARGAINING ACTIVITIES, IN THE AMOUNT OF $152,436
OVER THREE YEARS (AB2005 -455)
Brenner stated she is against the request. Staff should be able to do this
work in- house. They attend the meetings anyway.
Nelson stated there may be other costs if staff does this work in- house. The
Human Resource Division is already doing a lot of work. This is the most prudent
use of County funds to have access to legal advice and to allow the Human
Resources Division to deal with it's regular issues.
Brenner stated the Human Resources Division should be able to deal with this
issue.
Caskey- Schreiber stated she agrees with Councilmember Brenner. For this
amount of money, the County may be able to hire a local attorney, even half time.
Nelson moved to approve the request.
Motion carried 5 -2 with Brenner and Caskey- Schreiber opposed.
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE
WHATCOM CONSERVATION DISTRICT TO PROVIDE COMMUNITY
OUTREACH AND EDUCATION REGARDING SMALL FARM BEST
MANAGEMENT PRACTICES TO SUPPORT THE WATER QUALITY
IMPROVEMENT EFFORTS IN THE SHELLFISH PROTECTION
DISTRICTS, IN THE AMOUNT OF $30,345.96 (AB2005 -456)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WILSON
ENGINEERING, LLC TO PROVIDE THE NECESSARY ENGINEERING AND
PUBLIC OUTREACH SERVICES FOR DEVELOPMENT OF A FERRY
Whatcom County Council, 12/6/2005, Page 11
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PARKING LOT ON LUMMI ISLAND TO SUPPORT THE LUMMI ISLAND
FERRY SYSTEM, IN THE AMOUNT OF $95,446 (AB2005 -457)
Nelson moved to approve the request.
McShane stated he won't vote against the contract, but he didn't support the
budget item. There is nothing wrong with the contract.
Motion carried unanimously.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND INTERFAITH
COALITION TO PROVIDE 2060 REPAIR & REHABILITATION FUNDS TO
REPAIR WINDOWS, FLOORS AND ROOF AT THE DEEMER ROAD
PARTNERSHIP HOUSE, IN THE AMOUNT OF $15,000 (AB2005 -458)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LEASE BETWEEN WHATCOM COUNTY AND RICK REICH FOR HOUSING
FOR THE POINT ROBERTS RESIDENT DEPUTY, ON A MONTH -TO-
MONTH BASIS BEGINNING DECEMBER 1, 2005, IN THE AMOUNT OF
$1,000 PER MONTH (AB2005 -459)
9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
LETTER OF UNDERSTANDING BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE NURSES ASSOCIATION, AMENDING THE 2005-
2007 WASHINGTON STATE NURSES ASSOCIATION COLLECTIVE
BARGAINING AGREEMENT (AB2005 -460)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONTRACT AMENDMENT 1 BETWEEN WHATCOM COUNTY AND
DOMESTIC VIOLENCE & SEXUAL ASSAULT SERVICES EXTENDING THE
ORIGINAL AGREEMENT THROUGH DECEMBER 31, 2006, IN THE
AMOUNT OF $50,000, FOR A TOTAL CONTRACT AMOUNT OF $94,500
(AB2005 -461)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONTRACT AMENDMENT 2 BETWEEN WHATCOM COUNTY AND
NORTHWEST HYDRAULIC CONSULTANTS, INC. FOR ON -CALL
HYDRAULIC MODELING ASSISTANCE EXTENDING THE COMPLETION
DATE OF THE ORIGINAL AGREEMENT TO DECEMBER 31, 2006, IN THE
AMOUNT OF $75,000, FOR A TOTAL CONTRACT AMOUNT OF $175,000
(AB2005 -462)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONTRACT AMENDMENT 2 BETWEEN WHATCOM COUNTY AND
BROWN AND CALDWELL FOR ON -CALL HYDRAULIC MODELING
ASSISTANCE EXTENDING THE COMPLETION DATE OF THE ORIGINAL
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AGREEMENT TO DECEMBER 31, 2006, IN THE AMOUNT OF $75,000,
FOR A TOTAL CONTRACT AMOUNT OF $175,000 (AB2005 -463)
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONTRACT AMENDMENT 7 BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE UNIVERSITY TO CONTINUE THE SHARING OF
COSTS FOR FACULTY POSITIONS IN THE COOPERATIVE EXTENSION
THROUGH DECEMBER 31, 2006, IN THE AMOUNT OF $75,920.16, FOR
A TOTAL CONTRACT AMOUNT OF $518,337.90 (AB2005 -464)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
AWARD OF BID #05 -67 FOR A DIGITAL IMAGING SYSTEM FOR THE
JAIL TO SOLE BIDDER DYNAMIC IMAGING, IN AN AMOUNT NOT TO
EXCEED $41,045 (AB2005 -465)
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
AWARD OF BID #05 -93 FOR A 4X4 BACKHOE WITH LOADER FOR
WHATCOM COUNTY PARKS AND RECREATION TO LOW BIDDER
FARMERS EQUIPMENT, IN THE AMOUNT OF $65,857.37 (AB2005-
466)
16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO APPROVE THE
PURCHASE FROM IBM OF CONSOLIDATED COMPUTER HARDWARE
THAT WILL INCORPORATE THREE TECHNOLOGY PROJECTS, IN THE
AMOUNT OF $79,752.60 (AB2005 -467)
17. RESOLUTION ORDERING THE CANCELLATION OF WARRANTS THAT
ARE OVER A YEAR OLD AND HAVE NOT BEEN PRESENTED FOR
PAYMENT (TOTAL AMOUNT TO BE CANCELLED IS $17,198.18)
(AB2005 -468)
OTHER ITEMS
1. REPORT ON PRESENTATION REGARDING THE EAST ACME FARM
COMMUNITY RESTORATION PROJECT (AB2005 -451)
Roy reported for the Natural Resources Committee and stated the Salmon
Recovery Funding (SRF) Board will make a decision on funding the County's project
in January.
Brenner stated the County Executive will make the decision on this, not the
County Council, if the SRF Board chooses not to approve the grant. There is a
letter in the Council packet from Lummi Indian Business Council representative
Merle Jefferson, which said he hoped the County would honor its agreement. The
agreement is a landowner agreement that gives access to the grant sponsor, which
is the Lummi Nation. The County is not part of it.
Whatcom County Council, 12/6/2005, Page 13
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(Clerk's Note: End of tape one, side 8.)
Brenner continued to state that in the future, have interlocal agreements
with these grants so the County is involved and can make sure the community is
involved early on. Now, the County can allow something to go forward that is a
threat to the community or be perceived as the bad guys. The County was left out
of the loop. Do better in the future through something like an interlocal agreement.
2. ORDINANCE AMENDING THE 2005 WHATCOM COUNTY BUDGET,
REQUEST #13, IN THE AMOUNT OF $189,631 (AB2005 -445)
Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously.
3. ORDINANCE AMENDING THE 2006 WHATCOM COUNTY BUDGET,
REQUEST #1, IN THE AMOUNT OF $11,832,558 (AB2005 -446)
Nelson reported for the Finance and Administrative Services Committee and
stated the committee recommends removing all references to " Futurewise"
regarding the two additional planners, and moved to adopt the ordinance as
recommended.
Motion carried unanimously.
4. ORDINANCE ESTABLISHING A NEW WHATCOM COUNTY FERRY
SYSTEM FUND (AB2005 -442)
Nelson reported for the Finance and Administrative Services Committee and
moved to adopt the ordinance.
Motion carried unanimously.
S. REPORT ON COMMITTEE DISCUSSION REGARDING THE FOLLOWING
ISSUES: THE FUTUREWISE DECISION, URBAN FRINGE SUBAREA
PLANNING, AND CONCURRENCY MANAGEMENT IN WHATCOM
COUNTY (AB2005 -383 and 384)
Futurewise Decision
Fleetwood reported for the Planning and Development Committee and stated
the committee received a report today. In 2006, the County will work on becoming
compliant.
Whatcom County Council, 12/6/2005, Page 14
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Urban Fringe Subarea Planning
Fleetwood reported for the Planning and Development Committee and stated
this is a work in progress. The Bellingham Planning Commission may make a
recommendation later this month on what to do with the five -year review areas. It
would come to the County for final decision sometime the first half of 2006.
Concurrency Management in Whatcom County
Fleetwood reported for the Planning and Development Committee and stated
the County is committed to establishing a concurrency ordinance, probably late in
the summer of 2006.
6. YEAR END APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
IN PREPARATION FOR THE YEAR 2006 (AB2005 -416)
Nelson moved to appoint all the applicants by acclamation.
Motion carried unanimously.
7. APPOINTMENTS ON FLOOD CONTROL ZONE ADVISORY COMMITTEES
AND SUB -ZONES (AB2005 -416A)
(Council acting as the governing body of the County -wide Flood Control Zone
District)
Flood Control Zone District Advisory Committee- Special Districts
Brenner nominated Art Anderson and Ron Bronsema and stated they and
Chris Hatch have been very helpful. They took time to work with the people in
Marietta when she worked on that project. They work with people outside of their
districts. They are the incumbents. Unless there is a strong reason to not appoint
them again, the Council should support the work they're doing.
McShane nominated Carnelia Foster. She is serving on the Flood Advisory
Committee currently.
Crawford voted for Anderson and Bronsema.
Caskey- Schreiber voted for Foster and Bronsema. Art Anderson has done a
great job. She like's Ms. Foster's work. Having a woman on any advisory
committee is a good thing.
Fleetwood voted for Foster and Bronsema.
Nelson voted for Anderson and Bronsema.
Whatcom County Council, 12/6/2005, Page 15
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Brenner voted for Anderson and Bronsema.
McShane voted for Foster and Bronsema.
Roy voted for Anderson and Bronsema.
Caskey- Schreiber stated Mr. Anderson and Mr. Bronsema are appointed.
Flood Control Zone District Advisory Committee - Impacted Cities
Brenner asked if Mr. Polinder serves on a flood sub -zone advisory committee.
Crawford stated Mr. Polinder serves on the Lynden /Everson subzone.
Brenner stated she nominates Bromley and Jaleen Pratt.
Crawford nominated Landcastle and Polinder.
Crawford voted for Bromley and Polinder.
Caskey- Schreiber nominated Bromley and Pratt. Mr. Polinder has done an
outstanding job. However, if mayors want to participate, they should honor that.
Fleetwood voted for Bromley and Landcastle.
Brenner voted for Bromley and Pratt.
Nelson voted for Bromley and Polinder.
McShane voted for Pratt and Landcastle.
Roy voted for Bromley and Pratt.
Caskey- Schreiber stated that Mr. Bromley and Ms. Pratt are appointed.
Flood Control Zone District Advisory Committee - Geographic Area
McShane nominated Boyle and Yoder.
Brenner nominated Westergreen.
Crawford voted for Boyle and Yoder.
Caskey- Schreiber voted for Boyle and Yoder.
Fleetwood voted for Boyle and Yoder.
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Nelson voted for Boyle and Westergreen.
Brenner voted for Boyle and Westergreen.
McShane voted for Boyle and Yoder.
Roy voted for Boyle and Yoder.
Caskey- Schreiber stated that Mr. Boyle and Mr. Yoder are appointed.
Flood Control Zone District Advisory Committee - Alternates
McShane moved to appoint Tom Westergreen by acclamation.
Motion carried unanimously.
Acme /VanZandt Flood Control Subzone Advisory Committee
Crawford nominated all applicants.
Crawford voted for Munsell, Rainey, and Strachilla.
Caskey- Schreiber voted for Smith, Munsell, and Rainey.
Fleetwood voted for Munsell, Rainey, and Strachilla.
Nelson voted for Munsell, Rainey, and Strachilla.
Brenner voted for Munsell, Rainey, and Strachilla.
McShane voted for Munsell, Rainey, and Smith.
Roy voted for Munsell, Rainey, and Strachilla.
Caskey- Schreiber stated Mr. Munsell, Mr. Rainey, and Mr. Strachilla are
appointed.
Lynden /Everson Flood Control Subzone Advisory Committee
Nelson moved to appoint all applicants by acclamation.
Motion carried unanimously.
Sumas /Everson /Nooksack Flood Control Subzone Advisory Committee
Nelson moved to appoint all applicants by acclamation.
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Motion carried unanimously.
S. APPROVAL OF THE COUNCIL'S "'SPECIAL STANDING MEETINGS"
SCHEDULE FOR 2006 (AB2005 -474)
Nelson moved to approve the schedule.
Crawford moved to amend the schedule so the Water Resources Work
Sessions are every other month, in February, April, June, September, and
November.
Motion to amend failed 1 -6 with Crawford in favor.
Motion carried unanimously.
9. CONFIRMATION OF THE COUNTY EXECUTIVE'S YEAR -END
APPOINTMENTS AND REAPPOINTMENTS TO EXECUTIVE APPOINTED
BOARDS AND COMMISSIONS, IN PREPARATION FOR 2006 (AB2005-
469)
Brenner moved to confirm the appointments and reappointments.
Motion carried unanimously.
Nelson moved to confirm the appointment of Mary Ellen Shields to the
Public Health Advisory Board and to appoint Troy Lautenbach to the Solid Waste
Advisory Committee representing the Waste Recycling Industry.
Caskey- Schreiber stated the motion is also to confirm all the appointments
put forward by the County Executive.
Motion carried unanimously.
10. RESOLUTION ADOPTING THE WHATCOM COUNTY 10 -YEAR HOMELESS
HOUSING PLAN (AB2005 -470)
Nelson moved to approve the resolution.
Brenner stated she appreciates the State's desire to reduce homelessness by
50 percent by the year 2015. She doesn't know how they can think about doing
that when they don't know how many more people will be here and be homeless in
that time. She asked for wording that says they will do their best to meet that
goal. The State has mandated this, but she's not sure the County has the authority
to do this. She asked how the State can mandate something that is impossible to
achieve.
Whatcom County Council, 12/6/2005, Page 18
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Gary Williams, Human Services Supervisor, stated the legislation requires 50
percent reduction statewide. Each county is to develop a plan. An annual point -in-
time count establishes the County's number, which is a measurement to
demonstrate the County's effectiveness to move toward a 50 percent reduction in
homelessness. That is the legislature's desired outcome.
The challenge is to craft programs and funding that can work to achieve this
result. The legislature is really looking for whether the County can develop
effective programs. The 50 percent reduction is a minimum. If they don't make it,
it's evidence that program isn't effective as it should be or they need more funding.
For the State, this is a performance -based model. The State wants to measure and
evaluate the County's effectiveness in moving toward that goal.
Crawford stated he agrees with Councilmember Brenner. The chronic
homelessness problem is multi- faceted. This mandate is ludicrous. Williams stated
the legislature originally proposed a 100 percent reduction.
Crawford stated he appreciates staff's hard work. He will support this fully.
He's concerned about unfunded mandates. The State legislature can't mandate a
reduction of homelessness effectively. He will support this because the County is
trying to comply with what the State legislature wants.
Brenner proposed another Whereas statement that says, "Whereas, the
Whatcom County Council does not know whether it is possible to reduce
homelessness by 50 percent by the year 2015."
Nelson stated the counties need to send that message to the State. Also
include another Resolved statement, 'Now, therefore, be it resolved that the
Whatcom County Council agrees to adopt this as a goal."
Roy stated as long as they say it's a goal, it is implied that the goal is
something they may not reach. Although she agrees philosophically with
Councilmember Brenner, it makes the Council sound incompetent to say the Council
doesn't know if it's possible.
Brenner stated it's very important that language is in there. This kind of
money is outrageous. The State is not going to give the County the millions it will
take to do this. She moved to amend to add language, "Whereas, the Whatcom
County Council does not know whether it is possible to reduce homelessness by 50
percent by the year 2015."
Motion to amend carried 4 -3 with McShane, Roy, and Caskey-
Schreiber opposed.
Nelson moved to amend to add, "Now, therefore, be it resolved that the
Whatcom County Council agrees to adopt this as a goal."
Whatcom County Council, 12/6/2005, Page 19
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Motion carried 6 -1 with McShane opposed.
Brenner stated several places in the draft plan talk about problems that
create homelessness, including substance abuse and mental health issues.
Substance abuse is a subset of a mental health issue. Don't perpetuate the notion
that it is a separate issue. Williams stated this is a work in progress. They know
they will need to modify the plan. Phase two is for staff to bring to Council a
modified version of the plan within about six months. This plan meets the State's
requirement to pass a plan. He looks forward to modifying it.
Brenner moved to amend item 4.a on Council packet page 440, plan page
eight, "Homeless substance abusers. Mental health, including substance abuse
service providers, suggest...." Any substance abuse service provider is a mental
health provider.
Nelson stated that's not true. The two providers have different training.
Roy stated the providers get specialized training. Professionally, they don't
view drug and alcohol counseling as a subset of mental health because of their
professional identity and training. She won't support the motion because they
aren't asking the professionals. They have different training.
Brenner stated there is no way someone with an ongoing substance abuse
problem doesn't have a mental health issue. It's a symptom of mental health
issues.
Nelson stated they have a problem within the treatment regimen and how
they deal with classes of citizens that cross these barriers. The funding mechanism
is ineffective when they treat one condition and not another. He understands
Councilmember Brenner's concern. Mr. Williams will come back with a draft that
addresses it in its treatment rate region. He agrees with Councilmember Brenner.
Universities and training programs need to train people who can deal with both
substance abuse and mental health. That's why there is a separation.
Motion failed 1 -6 with Brenner in favor.
Brenner stated she will support the resolution because good people are trying
to make something good happen, but she's very upset about this. They keep
adding to the stigma.
McShane stated item ten on plan page ten is about developing the
community will and needs to be emphasized. Williams stated he hopes to come to
the Council mid -year with a more detailed plan.
McShane stated he sees the problem daily as he walks to work. Frequently,
his company finds homeless camps. It's a significant problem in this climate. Just
being in the position of homelessness could lead to mental illness.
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Roy stated she agrees that there is always a mental health issue when there
is substance abuse. She simply objected to lumping the treatment providers
together because the providers don't see themselves together. They need to treat
people with the constellation of services.
Brenner stated that trying to add the numbers was confusing. She asked for
an estimate of what this plan may cost the County annually between now and
2015. Williams stated the funding associated with Bill 2163 is about $335,000 per
year for the County. The County will leverage other resources. The plan talks
about a much larger community need for which the County doesn't have funding.
It's not expected that the County will come up with those dollars. The County will
develop a plan with existing resources and various funding to address the issue
collaboratively and strategically. Focus these dollars to the population needs.
Brenner asked if this commits the County to spend millions on this annually.
Williams stated it does not.
(Clerk's Note: The Council took a final vote to approve this resolution as
amended at it's special Committee of the Whole meeting on December 13, 2005.)
11. RESOLUTION ESTABLISHING AN OFFICIAL POLICY FOR MEETING THE
PUBLIC RECORDS REQUIREMENT OF RCW 42.17.260(3) (AB2005-
473)
McShane moved to approve the resolution.
Motion carried unanimously.
OTHER BUSINESS
ADDENDUM:
1. APPROVAL OF CONTRACT WITH MICHAEL BOBBINK FOR 2006
HEARING EXAMINER SERVICES (AB2005 -476)
Nelson moved to approve the contract.
Motion carried unanimously.
INTRODUCTION ITEMS
Nelson moved to accept the Introduction Items.
Motion carried unanimously.
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1. ORDINANCE ADOPTING ONE -TENTH OF ONE - PERCENT SALES AND
USE TAX FOR THE PURPOSE OF FUNDING COUNTYWIDE EMERGENCY
MEDICAL SERVICES AND AS REQUIRED BY LAW (AB2005 -471)
2. ORDINANCE AMENDING WHATCOM COUNTY CODE 3.40, TAX ON
BINGO, RAFFLES, PUNCHBOARDS AND PULL TABS (AB2005 -472)
OTHER BUSINESS and REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Caskey- Schreiber stated she is scheduling a special Committee of the Whole
meeting on Tuesday, December 13 at 1 p.m. to discuss pending litigation.
Brenner stated the County has an affidavit of non - conforming use, which
applies to someone who has some land or a house that is grandfathered in. She is
working with someone now who is on disability and is having to do this thing.
There is a fee of over $300 for someone to prove he is telling the truth. Consider
allowing a fee waiver for an affidavit of non - conforming use based on income. Fees
are important for certain things, but not to make people prove they are telling the
truth. She will schedule it in the Planning Committee at a later date.
ADJOURN
The meeting adjourned at 9:20 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on January 17 , 2006.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Laurie Caskey- Schreiber, Council Chair
Whatcom County Council, 12/6/2005, Page 22