HomeMy WebLinkAboutCouncil January 11 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
January 11, 2005
Council Member Dan McShane called the meeting to order at 7:00 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
FLAG SALUTE
ANNOUNCEMENTS
Absent:
None
McShane announced that the Committee of the Whole meeting had been
cancelled.
SPECIAL ORDER OF BUSINESS
1. ANNUAL REORGANIZATION OF THE WHATCOM COUNTY COUNCIL
(AB2005 -022)
Council Chair
McShane thanked the Councilmembers for the respect given to him as
Council Chair for the past two years.
Roy nominated Caskey- Schreiber.
Crawford nominated Fleetwood.
Crawford voted for Fleetwood.
Caskey- Schreiber voted for Caskey- Schreiber.
Fleetwood voted for Fleetwood.
Whatcom County Council, 1/11/2005, 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.
McShane voted for Caskey- Schreiber.
Brenner voted for Caskey- Schreiber.
Nelson voted for Fleetwood.
Roy voted for Caskey- Schreiber.
Councilmember Caskey- Schreiber was appointed 4 -3 as Council Chair.
(Clerk's Note: Councilmember Caskey- Schreiber assumed the duties of the
Chair.)
Council Vice -Chair
Crawford nominated Fleetwood.
Nelson nominated Crawford.
Crawford voted for Fleetwood.
McShane voted for Crawford.
Fleetwood voted for Fleetwood.
Caskey- Schreiber voted for Fleetwood.
Brenner voted for Fleetwood.
Nelson voted for Crawford.
Roy voted for Fleetwood.
Councilmember Fleetwood was appointed 5 -2 as Council Vice - Chair.
Executive Pro - Tempore
Nelson nominated Crawford.
Roy nominated McShane.
Roy voted for McShane.
Nelson voted for Crawford.
Brenner voted for Crawford.
Whatcom County Council, 1/11/2005, 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.
Caskey- Schreiber voted for McShane.
Fleetwood voted for Crawford.
McShane voted for Crawford.
Crawford did not vote.
Crawford was appointed 4 -2 as Executive Pro Tempore.
Finance and Administrative Services Committee
Crawford nominated Fleetwood, Nelson, Crawford, and Roy.
Fleetwood voted for Fleetwood, Crawford, and Roy.
Nelson voted for Nelson, Crawford, and Roy.
McShane voted for Fleetwood, Nelson, and Crawford.
Caskey- Schreiber voted for Fleetwood, Nelson, and Crawford.
Crawford voted for Fleetwood, Nelson, and Roy.
Roy voted for Fleetwood, Nelson, and Roy.
Brenner voted for Fleetwood, Nelson, and Roy.
Councilmembers Fleetwood, Nelson, and Roy were appointed to the Finance
and Administrative Services Committee.
Roy stated she would rather serve on the Natural Resources Committee, and
withdrew from the Finance and Administrative Services Committee.
The Council concurred to appoint Crawford to the Finance and Administrative
Services Committee.
Planning and Development Committee
Caskey- Schreiber withdrew her interest from being appointed to the Planning
and Development Services Committee.
Brenner moved to appoint Fleetwood, McShane, and Brenner by
acclamation.
The Council concurred with the motion,
Whatcom County Council, 1/11/2005, 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.
Public Works Committee
Crawford moved to appoint Nelson, Brenner, and Crawford by acclamation.
The Council concurred with the motion.
Natural Resources
Caskey- Schreiber withdrew her interest from being appointed to the Natural
Resources Committee.
Nelson withdrew his interest from being appointed to the Natural Resources
Committee.
Caskey- Schreiber moved to appoint Fleetwood, McShane, and Roy by
acclamation.
The Council concurred with the motion.
The Council concurred to appoint the councilmembers by acclamation as
follows.
• Bellingham International Airport Advisory: Brenner
• Council of Governments: Fleetwood and Crawford
• Drayton Harbor Shellfish Protection District Advisory Committee: Roy
• Economic Development Council: Caskey- Schreiber
• Energy Facility Site Evaluation Council (EFSEC): McShane
• Health and Human Services Advisory Board: Nelson and Brenner
• Public Health Advisory Board: Nelson
• Developmental Disabilities Board: Roy
• Mental Health Advisory Board: Brenner
• Substance Abuse Board: Crawford
• Intergovernmental Tribal Relations Committee: Fleetwood and McShane
• Law Enforcement Officer and Fire Fighter (LEOFF) Board: McShane
• Local Emergency Planning Committee: Crawford
• Marine Resources Committee: McShane
• North Sound Mental Health Agency: Nelson
• Northwest Clean Air Agency: Caskey- Schreiber
• Northwest Regional Council: Nelson
• Portage Bay Shellfish Protection District Advisory Committee: Roy
• Opportunity Council: Crawford
• Public Defense Advisory Committee: Brenner
• Solid Waste Advisory Committee: McShane
• Urban County Caucus: Crawford
• Whatcom Transit Authority: Fleetwood
Whatcom County Council, 1/11/2005, 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.
MINUTES CONSENT
Brenner moved to approve Minutes Consent items one through seven.
Motion carried unanimously.
1. WATER RESOURCES WORK SESSION FOR NOVEMBER 16, 2004
2. COMMITTEE OF THE WHOLE FOR NOVEMBER 23, 2004
3. REGULAR COUNTY COUNCIL FOR NOVEMBER 23, 2004
4. SPECIAL COUNTY COUNCIL FOR NOVEMBER 29, 2004
S. SPECIAL COUNTY COUNCIL FOR NOVEMBER 30, 2004
6. COMMITTEE OF THE WHOLE FOR DECEMBER 7, 2004
7. REGULAR COUNTY COUNCIL FOR DECEMBER 7, 2004
OPEN SESSION
The following people spoke:
Al Hanners, 3007 Plymouth Drive, Bellingham, stated he meant to speak on
the public hearing about the resolution limiting the size of all voting precincts
to less than 200 registered voters each, thus allowing the County Auditor
to designate all Whatcom County Precincts as "Vote by Mail" (AB2004-
454). He submitted information (on file).
(Clerk's Note: The Council decided to allow Mr. Hanners to speak at this time
even though it was not the correct time to speak.)
Hanners stated there are problems with ballots and voting in the state and in
the Whatcom County Auditor's Office. He had difficulty signing up for absentee
ballots. He and his wife each received two ballots instead of one ballot. The
County Council should get someone to do an investigation. The problems could be
due to problems with software and late registrations. If the Auditor's Office is
overworked just before elections, then transfer people from other departments to
help.
Bob Bromley, City of Sumas Mayor, spoke on the ordinance adopting
amendments to the Whatcom County Comprehensive Plan, Chapter 8, Mineral
Resource Lands (AB2004 -400) and asked the Council to prohibit surface mining
within aquifer recharge areas that provide groundwater for domestic supply. The
Whatcom County Council, 1/11/2005, 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.
Council is being told by gravel miners that mining does not threaten groundwater
and can even be beneficial. However, that is the opposite of what the City of
Sumas has heard from consultants and agencies. Experts say they should be
concerned about mining in the Sumas aquifer recharge area. It leads to increased
risk of water contamination.
The Environmental Protection Agency (EPA) uses a five - letter scale to
describe the risk. Gravel mining is a risk level C, which is a medium risk.
Agricultural row crops are ranked B, a lower risk.
The Washington State Department of Health recommends against placing
medium risk activities within the ten year zone of contribution for a wellhead
protection area.
The Washington State Department of Ecology recommends against placing
gravel mines within susceptible aquifers, such as the one Sumas relies on.
The Oregon Department of Environmental Quality recommends against
gravel mining in a ten -year zone of contribution.
The Whatcom County Health Department recommends protection to the ten -
year time of travel.
The Whatcom County Planning Commission twice recommended prohibition
of gravel mining within at least the ten -year contribution area.
The Council took action to ban two - stroke engines on Lake Whatcom even
though there is no evidence that the contamination from those engines pose any
threat to the Lake Whatcom water supply. The Abbotsford /Sumas aquifer is the
only drinking water reservoir for Sumas and 10,000 other county residents.
Support the Planning Commission's recommendation, and enact the Comprehensive
Plan language prohibiting new gravel mines within the ten -year zone of
contribution.
Chuck Egert, Teamster's Local 231 Secretary /Treasurer, thanked the
Executive and Council for increasing the medical cap contribution on behalf of the
unions and employees. Request authorization for the Executive to sign a
memorandum of understanding between Whatcom County and General
Teamsters Local 231 establishing a medical contribution cap for the 2005
for Master Collective Bargaining Agreement (AB2005 -033). Medical costs
are skyrocketing. The trend to keep those costs down is to make the employee pay
a part of the premium.
Bob Tull, 709 Dupont, Bellingham, stated business people in Point Roberts
hired his firm to look at their concerns with certain aspects of zoning regulations
that apply to Point Roberts, particularly with tree retention and archeological
regulations. There are several flaws in the legislation in terms of authority of how
Whatcom County Council, 1/11/2005, 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.
the archeology is handled. There are also enforcement and application issues in
terms of tree canopy retention. He would like the Council and staff to review these
at a future date so they don't have to expend resources in a counterproductive,
wasteful way. Sylvia Goodwin has agreed to meet with him to see if these
concerns can be dealt with. If they can get some of those issues on the table and
work through them professionally, he's confident he and staff can come up with
revisions during the normal cycle. Consider the frustrations of the Point Robert
business community and citizens.
Heidi Wammack, Franklin Street, Bellingham, stated she would speak on
contract negotiations. She has been a Whatcom County employee for three and a
half years. The Council should want the employees to display a cheerful and
informative image to the public. During the negotiation process, keep in mind that
the County employees are hard - working and dedicated people. They need to be
able to support and provide medical care for themselves and their families.
Jean Freestone, 3200 Vallette Street, stated she is an owner of a piece of
property in the Custer rezone area. Discussion regarding an alternate exhibit
to the ordinance proposing amendments to the Whatcom County
Comprehensive Plan, Chapter 6 and 7 goals and policies related to the
Custer Provisional Growth Area (AB2004- 3968). The local property owners
were not given notice of the hearing or an opportunity to abut, there are cloudy
issues she wants to clear up. The proposal is not a pie -in- the -sky proposal. Most
of the parcels are owned by local people who are aware their properties are in a
virtual train yard without the protection industrial zoning affords for fire and
hazardous material regulations. The local owners have been steadfast in their
support for a rezone. They are not outsiders out to destroy the community. They
are good neighbors who pay taxes and contribute to the community. They are
united in their support of future zoning of the Custer train yard properties.
PUBLIC HEARINGS
1. RESOLUTION LIMITING THE SIZE OF ALL VOTING PRECINCTS TO
LESS THAN 200 REGISTERED VOTERS EACH, THUS ALLOWING THE
COUNTY AUDITOR TO DESIGNATE ALL WHATCOM COUNTY
PRECINCTS AS " "VOTE BY MAIL" (AB2004 -454)
Shirley Forslof, County Auditor, submitted and read from a Power Point
demonstration on voting options in Whatcom County (on file).
(Clerk's Note: End of tape one, side A.)
Forslof continued to read from the presentation.
Caskey- Schreiber opened the public hearing and the following people spoke:
Whatcom County Council, 1/11/2005, 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.
(Clerk's Note: The Council allowed Al Hanners to speak on this item during
Open Session, above.)
Tim Douglas, 2114 Williams Street, Bellingham, stated he has experience in
many elections and has helped thousands of people register to vote and become
active voters. He is also a member of the Citizens Elections Advisory Committee.
Because of the closeness of large, recent elections, people are aware of the
need for security of their ballot and assurance that their ballot will be counted. He
supports vote by mail. The new system proposed provides the best opportunity for
best security during all steps of the voting process. The process will be easier to
explain to people. Many people get confused about where they are supposed to go
to vote or where their precinct is. It's important to simplify the process. The
County must encourage everyone to become active, registered voters.
If one traditionally votes at the poll, it takes an adjustment to vote by mail.
However, there is a higher percentage of participation by those who vote by mail.
Voting at home is more convenient.
Jim Fox, 2106 Young Street, Bellingham, stated he supports vote -by -mail.
The last two major elections exposed major weaknesses in the voter system. The
current systems do well, but they must do better. Elsewhere, there are serious
questions of error, abuse, and fraud. Every vote counts. Voting systems matter.
The systems are being stretched to the max.
The present proposal only addresses part of the electoral problems. There
will be many electoral reform issues coming up in the next few years. For example,
there is no reason to wait for national standards. Move forward. He is against
electronic terminals at this time. However, if they want instant tallies the night of
the election in the future, they will have to move toward electronic terminals.
During the recount, the Auditor's staff was totally professional and
innovative. Partisan volunteers were committed to an accurate county. This
county is doing well, but fundamental improvements are required.
Patrick Alesse, 4825 Alderson Road, Blaine, stated he supports Auditor's
Forslof recommendation. She's done a marvelous job.
Marion Beddill, 3600 Seeley, Bellingham, stated she supports vote -by -mail.
Never give up on a paper ballot. Don't have any sort of electronic voting system.
Auditor Forslof does a good job for the Auditor's Office. To qualify for this, they
have to divide the precincts so there is no more than 200 poll voters in each
precinct. From a community action standpoint, small precincts are good. Many
small precincts is a workload increase for the staff, but there are a lot of reasons
for small precincts. It's essential to maintain the paper trail that can be verified by
the voter as the voter is voting, before the opportunity is lost to make changes.
Also, the paper value has negligible value when put into the counting machines.
Whatcom County Council, 1/11/2005, 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.
There is substantial opportunity for those machines to make errors. Use the paper
ballot for a mandatory, random, selected audit of a subset of the precincts, such as
five percent, during every election. She is also a member of the Citizens Election
Advisory Committee. The manual recount will give a much higher degree of
confidence that the machines worked.
Gerritt Kuiken, 6895A Golf View Drive, Lynden, stated he represents the
Whatcom County Republican Party, which passed a resolution to support vote -by-
mail, with provisions and reservations. Make every effort to minimize the number
of new precincts to meet the State requirement. Second, ensure reasonable access
to a voting official for those with voting problems. Third, update and maintain
accurate current voter registration information on an ongoing basis, ensuring only
eligible voters can vote and have equal access.
Myra Ramos, 2877 N. Nugent Road, Lummi Island, stated she is a member
of the Citizens Election Advisory Committee. She agreed with Ms. Beddill on the
importance of mandatory random audits to ensure confidence in the system and to
verify that the counting and recording of votes is done accurately.
Dewey Desler, Deputy Administrator, stated the vote -by -mail proposal is the
best choice. It is the most accurate and secure method of voting. For this reason
and the reason of ongoing cost, the Executive's Office supports the proposal.
John Neighbor, 2320 I Street, Bellingham, stated he is concerned about
bringing in seven touch screen voting machines. He asked who the manufacturer
will be. There are only three manufacturers nationwide. All have denied allowing
paper trails. He is concerned about not having a paper trail. The Chief Executive
Officer (CEO) of the largest manufacturer of the touch screen machines promised
George W. Bush's campaign to deliver the electoral votes in Ohio for Mr. Bush's
election. He's in favor of helping the handicapped, but doesn't understand how
these machines will help the handicapped.
The need to save money is due to the fact that the federal administration cut
funding for states and municipalities. One could argue they hate the idea of
democracy. Touch screen voting machines can make errors and create fraud.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Brenner asked Auditor Forslof to address Mr. Hanners' concerns. She had an
experience similar to Mr. Hanners. She asked if those who do mail -in registration
don't have to produce any identification to prove U.S. citizenship. Auditor stated
the error with Mr. Hanners was a human error. Her office immediately realized
there was a problem. She sent out a press release and the correct ballots. Even if
one person happens to get two ballots, only one ballot is counted for each person.
The system allows only one ballot.
If someone votes by mail, he or she is asked to provide a driver's license
Whatcom County Council, 1/11/2005, 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.
number or the last four digits of the social security number. The Secretary of State
will verify the driver's license match. That is part of the new Help America Vote Act
(HAVA) requirements. A non - citizen who registers to vote is committing a felony.
Crawford moved to approve the resolution. He asked if there is a way to
get help for folks who have problems with the vote -by -mail on election day. Forslof
stated other counties with this system haven't found that to be an issue. It's a
matter of good publicity. She will get the word out about vote -by -mail. On
election day, provisional ballots and replacement ballots will be available.
Crawford asked if the electronic voting machines are required by federal law.
Forslof stated that is correct. They have to have those machines for people with
disabilities.
Crawford asked the number of locations in the county they anticipate staffing
to administer the use of those electronic machines and to provide general help to
voters. Forslof stated she estimates staffing seven locations for the electronic
voting terminals. They could have more deposit locations for ballots.
Crawford asked if the Citizens Election Advisory Committee has specific
recommendations on vote -by -mail in terms of the purchase of voting equipment.
Forslof stated the committee has met. Once the Council approves this resolution,
staff will put out a request for proposals (RFP) for the kind of equipment they need.
The committee will look over the RFP and proposals. The committee supports this
resolution. The vote -by -mail proposal is a paper ballot, not an electronic ballot.
Crawford stated the County spent money on a software overhaul to be
compatible with the Secretary of State's system. He understands that system did
not get put into effect in November. Forslof stated it did not. The State's goal is to
be in place by the end of 2006. Whatcom County's system talks to other counties.
Crawford asked if the $125,000 is a separate expense from the $580,000
expense. Forslof stated it is. The $580,000 expense is to buy out punch card
voting. It will purchase electronic voting devices.
Roy stated they need to have staff available to answer citizens' questions on
election day. However, remember that 75 to 80 percent of the citizens already
vote this way. There won't be a huge rush of confusion. She asked if the Auditor
considered the suggestion to do random audits. Forslof stated there are State laws
about doing things the same way throughout the State of Washington. She will
have to see if random audits are allowed. There is a provision to select three
precincts and a candidate randomly, with the Democratic and Republican parties
first agreeing on the audits. No one has taken advantage of that option since 1979.
People are lobbying the legislature to allow for audits.
Roy stated it sounds like something that is worth considering, but she
supports this resolution. Don't put any conditions on it at this point.
Whatcom County Council, 1/11/2005, 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.
Nelson asked the number of ballots mailed out and the number received
back. Forslof stated she mails out 77,000 ballots.
Crawford stated the County received 66,682 ballots.
Nelson asked the assurances that the postal system will provide timely and
appropriate ballot delivery. Forslof stated there has never been a problem. The
post office goes above and beyond to deliver the ballots timely. She's never
received a complaint that a ballot didn't arrive. If she did receive that complaint,
she can issue a replacement ballot. If a voter prefers, there are drop -off locations
for ballots.
Nelson stated the postal system is an element of the voting system they
don't have control over. Consider contingencies if there are problems with the
postal system.
Nelson asked what happens if a ballot reader can't read a ballot. Forslof
stated staff manually inspects every ballot that comes in before it is counted,
including an optical scan. They will make a ballot that can read.
Fleetwood stated there are some people with the opinion that a vote -by -mail
system provides greater opportunity for fraud. He asked what to say to those with
that opinion to allay their concerns. Forslof stated staff compares the signature on
every ballot that comes in with the signature on file. If the signature doesn't
match, they will send a letter to the voter and ask for an updated signature. They
scrutinize signature closely. At the polls, one could walk in and sign anything.
There is no method to verify signatures. Now, most poll makers don't know their
neighbors.
Roy stated the mail -in ballots are handled fewer times by fewer people than
the poll vote. The less a ballot is handled, the fewer the opportunities for fraud and
mistakes.
Forslof stated that if the Council approves the resolution, she will return to
the Council to establish those precincts.
Brenner asked what is going on at the State about forcing the County to
have precincts with fewer than 200 voters. Forslof stated she never knows if and
when that will happen. She discussed it with the local representatives last year.
Caskey- Schreiber stated she is in favor of the proposal. It will be good for
the County. It's clear that people are getting more comfortable with the vote -by-
mail system since 73 percent of the County already votes by mail. More people will
be involved in the process.
Motion to approve carried unanimously.
Whatcom County Council, 1/11/2005, Page 11
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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.
2. EMERGENCY ORDINANCE (ORDINANCE 2004 -070) AMENDING THE
WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM, SECTION
23.100.20.57 (AB2004 -456)
Caskey- Schreiber opened the public hearing and the following person spoke:
Buck Meloy, 2431 Lafayette Street, submitted information (on file) and
thanked the Council for ensuring that any growth of marine fin fish aquaculture will
not happen in this county until appropriate environmental safeguards have been
put in place. He supports the ordinance. The industry threatens wild salmon.
Disease and infestations take a toll on farmed and wild salmon. Recent research
concludes that the sea lice produced on salmon farm are responsible for the high
level of infection on juveniles and declining rates of return of adult salmon. Alaska
objects not only to salmon farms, but also to black cod and halibut. Make the ban
permanent, and then expand the ban to all fin fish species until methods of rearing
can be developed that are not destructive to wild fish.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Roy thanked Mr. Meloy, who is a member of the Marine Resources
Committee and a commercial fisherman. She sent statistical information from Mr.
Meloy to all councilmembers.
(Clerk's Note: End of tape one, side B.)
Roy continued to state that the fish have escaped in British Columbia waters.
They've reproduced and foraged on native smolt. She thanked everyone for their
interest in this item.
McShane stated the shoreline management program for Whatcom County is
currently being updated. That will be the appropriate time to finalize it. At that
time, they could look at the issue for all fin fish, not just salmon.
Roy stated the Marine Resources Committee is interested in assisting the
Council on this issue.
CONSENT AGENDA
Crawford reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through 32. The title in the
agenda for item 23 should be, "...for conflict
representation of indigent parents in dependency cases."
Motion to approve Consent Agenda items one through 32 carried 6 -0
with Roy out of the room.
Whatcom County Council, 1/11/2005, Page 12
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1. RESOLUTION AUTHORIZING THE PURCHASE OF A CONSERVATION
EASEMENT ON THE GORSEGNER DAIRY (AB2005 -031)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND COMPANION LIFE
INSURANCE COMPANY TO RENEW STOP LOSS INSURANCE
PROTECTION FOR SELF - INSURED MEDICAL PLAN IN AN ESTIMATED
AMOUNT OF $79,215 (AB2005 -032)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN A
MEMORANDUM OF UNDERSTANDING BETWEEN WHATCOM COUNTY
AND GENERAL TEAMSTERS LOCAL 231 ESTABLISHING A MEDICAL
CONTRIBUTION CAP FOR THE 2005 FOR MASTER COLLECTIVE
BARGAINING AGREEMENT (AB2005 -033)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN A
MEMORANDUM OF UNDERSTANDING BETWEEN WHATCOM COUNTY
AND INTERNATIONAL FEDERATION OF PROFESSIONAL AND
TECHNICAL ENGINEERS LOCAL 17 ESTABLISHING A MEDICAL
CONTRIBUTION CAP FOR THE 2005 COLLECTIVE BARGAINING
AGREEMENT (AB2005 -034)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO SIGN A
MEMORANDUM OF UNDERSTANDING BETWEEN WHATCOM COUNTY
AND WASHINGTON STATE NURSES ASSOCIATION ESTABLISHING A
MEDICAL CONTRIBUTION CAP FOR THE 2005 COLLECTIVE
BARGAINING AGREEMENT (AB2005 -035)
6. REQUEST RE- AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
A MASTER COLLECTIVE BARGAINING AGREEMENT BETWEEN
WHATCOM COUNTY AND GENERAL TEAMSTERS LOCAL UNION 231
FOR THE PERIOD 2002 - 2004 GIVEN THE UNCERTAINTY CREATED
BY PERC DECISION #8245 -A (AB2005 -036)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONTRACT ADDENDUM #3 BETWEEN WHATCOM COUNTY AND
NORSTAN COMMUNICATIONS, INC. TO PROVIDE ANNUAL
MAINTENANCE SERVICES FOR THE COUNTY'S PABX AND VOICE MAIL
SYSTEMS, IN THE AMOUNT OF $69,149.60 FOR 2005 AND $70,515.00
FOR 2006 (AB2005 -037)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO
CONTRACT ADDENDUM #5 BETWEEN WHATCOM COUNTY AND
ARAMARK CORRECTIONAL SERVICES, INC. TO PROVIDE JAIL FOOD
SERVICES IN THE AMOUNT OF $1.09 PER ADULT MEAL AND $1.60
PER JUVENILE MEAL (AB2005 -038)
Whatcom County Council, 1/11/2005, Page 13
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9. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND
BELLINGHAM WHATCOM CHAMBER OF COMMERCE AND INDUSTRY TO
PROVIDE FUNDING FOR ADVERTISING AND PROMOTION OF THE
ANNUAL SKI TO SEA FESTIVAL, IN THE AMOUNT OF $29,000
(AB2005 -039)
10. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND
DOMESTIC VIOLENCE & SEXUAL ASSAULT SERVICES TO SUPPORT
THE WHATCOM COUNTY COMMISSION AGAINST DOMESTIC
VIOLENCE, IN THE AMOUNT OF $44,500 (AB2005 -040)
11. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM
WHATCOM COUNTY ECONOMIC DEVELOPMENT COUNCIL TO PROVIDE
ECONOMIC DEVELOPMENT PROGRAMMING AND ADMINISTRATIVE
SUPPORT TO WHATCOM COUNTY'S ECONOMIC DEVELOPMENT
INVESTMENTS (EDI) PROGRAM, IN THE AMOUNT OF $90,000
(AB2005 -041)
12. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND
BELLINGHAM WHATCOM COUNTY CONVENTION AND VISITORS
BUREAU TO PROVIDE SERVICES TO PROMOTE TOURISM IN
WHATCOM COUNTY, IN THE AMOUNT OF $85,000 (AB2005 -042)
13. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE DEPARTMENT OF HEALTH FOR THE DELIVERY
OF PUBLIC HEALTH SERVICES IN WHATCOM COUNTY, IN THE
AMOUNT OF $1,314,325 (AB2005 -043)
14. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROGRAM AGREEMENT AMENDMENT BETWEEN WHATCOM COUNTY
AND DEPARTMENT OF SOCIAL AND HEALTH SERVICES FOR THE
ADMINISTRATIVE MATCH FOR MEDICAID OUTREACH AND LINKAGE
PROGRAM, IN THE AMOUNT OF $388,370 FOR A TOTAL AMENDED
AGREEMENT IN THE AMOUNT OF $1,950,000 (AB2005 -044)
15. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND WARREN PAGE, STARCK FOLLIS, DAVID NELSON, MARILYN
MCLEAN, ROBERT BUTLER, THOMAS FRYER, STEPHEN KOZER,
DOUGLAS HYLDAHL, AND MARY KAY LOVING FOR INDIGENT
Whatcom County Council, 1/11/2005, Page 14
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CRIMINAL DEFENSE SERVICES WHEN THE PUBLIC DEFENDER HAS A
CONFLICT WITH A CLIENT (AB2005 -045)
16. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND JANICE HOLMES FOR INDIGENT CRIMINAL DEFENSE SERVICES
WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT
(AB2005 -046)
17. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND DANIEL MCGREEVY AND PATRICK LACKIE FOR INDIGENT
CRIMINAL DEFENSE SERVICES WHEN THE PUBLIC DEFENDER HAS A
CONFLICT WITH A CLIENT (AB2005 -047)
18. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND JEFFREY LUSTICK FOR INDIGENT CRIMINAL DEFENSE SERVICES
WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT
(AB2005 -048)
19. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND ANDREW SUBIN FOR INDIGENT CRIMINAL DEFENSE SERVICES
WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT
(AB2005 -049)
20. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND CARL PAGAC FOR INDIGENT CRIMINAL DEFENSE SERVICES
WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT
(AB2005 -050)
21. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND SCOTT CHOATE FOR INDIGENT CRIMINAL DEFENSE SERVICES
WHEN THE PUBLIC DEFENDER HAS A CONFLICT WITH A CLIENT
(AB2005 -051)
22. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND MICHAEL BRODSKY FOR CONFLICT REPRESENTATION OF
INDIGENT PARENTS IN DEPENDENCY CASES (AB2005 -052)
23. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND MARGARET MAWSON, SCOTT MAWSON, PENNY HENDERSON,
Whatcom County Council, 1/11/2005, Page 15
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JENNIFER TEPKER AND MARILYN MCLEAN FOR GUARDIAN AD LITEM
SERVICES FOR MINORS IN DEPENDENCY CASES (AB2005 -053)
24. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND CATHOLIC COMMUNITY SERVICES FOR SUPERVISED
VISITATION SERVICES FOR FAMILIES IN DOMESTIC RELATIONS
CASES (AB2005 -054)
25. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND WHATCOM DISPUTE RESOLUTION CENTER FOR DISPUTE
RESOLUTION SERVICES AND MANDATORY MEDIATION
ADMINISTRATION (AB2005 -055)
26. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
TWO -YEAR CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND COLLEEN ROGERS, MARY ANN SHAFFER, JAN CARLSON AND
LAUGHLAN CLARK FOR GUARDIAN AD LITEM SERVICES FOR MINORS
IN DEPENDENCY CASES (AB2005 -056)
27. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
EXTENSION OF CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND WASHINGTON STATE UNIVERSITY TO CONTINUE JOINTLY
SHARING COSTS FOR FACULTY POSITIONS IN COOPERATIVE
EXTENSION, IN THE AMOUNT OF $75,690 (AB2005 -057)
28. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
EXTENSION OF CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY
AND WASHINGTON STATE UNIVERSITY TO CONTINUE THE
INTEGRATED PEST MANAGEMENT EDUCATION & RESEARCH PROJECT,
IN THE AMOUNT OF $50,000 FOR 2005 AND $50,000 FOR 2006, FOR
A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $157,000
(AB2005 -058)
29. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04-
98 FOR THE ANNUAL SUPPLY OF RIP -RAP ROCK TO THE
APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL
CIRCUMSTANCES OF THE PARTICULAR JOB, IN AN ANTICIPATED
AMOUNT OF MORE THAN $35,000 (AB2005 -059)
30. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #04-
99 FOR THE ANNUAL SUPPLY OF MINERAL AGGREGATES TO THE
APPROPRIATE VENDOR AS DICTATED BY THE SPECIAL
CIRCUMSTANCES OF THE PARTICULAR JOB, IN AN ANTICIPATED
AMOUNT OF MORE THAN $35,000 (AB2005 -060)
Whatcom County Council, 1/11/2005, Page 16
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31. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PROPERTY TAX
REFUNDS (AB2005 -061)
Addendum:
32. REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT WITH
MICHAEL BOBBINK FOR HEARING EXAMINER SERVICES FOR THE
YEAR 2005 (AB2004 -414)
OTHER ITEMS
1. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 2.108,
WHATCOM COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE
(AB2004 -452)
Crawford reported for the Finance and Administrative Services Committee
and moved to adopt the ordinance. This allows the mayors of the small cities to
appoint a designee to join the membership of the commission on behalf of the
mayors.
Motion carried 6 -0 with Roy out of the room.
2. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
ZONING MAP ESTABLISHING TRANSFER OF DEVELOPMENT RIGHTS
SENDING AREAS AND AMENDING WHATCOM COUNTY ZONING
ORDINANCE (TITLE 20) CHAPTER 20.89 DENSITY TRANSFER
PROCEDURE (AB2004 -453)
Fleetwood reported for the Planning and Development Service Committee
and moved to adopt the ordinance.
Crawford stated Mr. Black, a local developer familiar to the County, is not a
fan of the receiving areas for Birch Bay. Mr. Black told him that these areas
designated for Birch Bay are a mess because there are a lot of critical areas and
wetlands.
Roy stated the receiving area is where they want more intense development.
The sending areas are the environmentally critical areas.
Motion carried unanimously.
3. REPORT ON COMMITTEE DISCUSSION REGARDING AN ALTERNATE
EXHIBIT TO THE ORDINANCE PROPOSING AMENDMENTS TO THE
WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 6 AND 7
GOALS AND POLICIES RELATED TO THE CUSTER PROVISIONAL
GROWTH AREA (AB2004 -3968)
Whatcom County Council, 1/11/2005, Page 17
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Fleetwood reported for the Planning and Development Service Committee
and moved to schedule a hearing on the alternate exhibit A, the staff's
recommendation, beginning on Council packet page 545.
McShane referenced policy 6P -4. The Guide Meridian is a transportation
corridor. He's concerned it's a paradox to choke the corridor by putting in a lot of
industrial development around it. He had a hard time thinking of this policy in
terms of designated limited areas of more intense rural development (LAMIRD).
Sylvia Goodwin, Planning Division Manager, stated that's a good point. They
wouldn't want to surround all transportation corridors with commercial and
industrial development. The policy is broad enough to support the commercial and
industrial development where appropriate while not contributing to traffic
congestion.
McShane stated he's concerned about creating a bottleneck on the corridors.
They would harm truck traffic by putting a lot of commercial traffic on the corridor.
Nelson stated the purpose of this goal is to provide for safe, efficient
movement of commercial vehicles. This concern would be contrary to goal 6P.
McShane stated that the policy may contradict the goal.
Nelson stated the goal overrides the policy, so if the policy contradicts, the
goal will prevail.
McShane moved to amend policy 6P -4, "...and air facilities as long as such
facilities do not reduce safe, efficient movement of vehicles in Whatcom County."
Motion to amend carried 6 -1 with Crawford opposed.
Motion to introduce as amended and schedule a public hearing
carried unanimously.
4. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
MICHAEL PASSO TO THE BICYCLE/ PEDESTRIAN ADVISORY
COMMITTEE (AB2005 -063)
Brenner moved to confirm the appointment.
Motion carried unanimously.
S. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENTS OF
MARIANNE ELGART AND RUSSELL SAPIENZA TO THE WHATCOM
COUNTY MENTAL HEALTH ADVISORY BOARD (AB2005 -064)
Brenner moved to confirm the appointments.
Whatcom County Council, 1/11/2005, Page 18
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Motion carried unanimously.
6. REQUEST CONFIRMATION OF THE EXECUTIVE'S REAPPOINTMENT OF
JON -PAUL SHANNAHAN TO THE MARINE RESOURCE COMMITTEE
(AB2005 -065)
Roy moved to confirm the appointment.
Motion carried unanimously.
7. REQUEST CONFIRMATION OF THE EXECUTIVE'S APPOINTMENT OF
TODD REUTLINGER TO THE BELLINGHAM - WHATCOM COUNTY
COMMISSION AGAINST DOMESTIC VIOLENCE (AB2005 -066)
Brenner moved to confirm the appointment.
Motion carried unanimously.
S. APPROVAL OF VARIOUS SPECIAL "STANDING" COUNCIL MEETING
DATES FOR 2005 (AB2005 -070)
McShane moved to approve the dates.
Dana Brown - Davis, Clerk of the Council, stated the Lake Whatcom
Management Committee meeting time has changed to 6:30 p.m. to 8:30 p.m.
McShane accepted the time change as a friendly amendment.
Motion carried unanimously.
(Clerk's Note: Discussion continued, below.)
2004 COMPREHENSIVE PLAN AMENDMENTS
1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN, CHAPTERS, MINERAL RESOURCE LANDS
(AB2004 -400)
Roy reported for the Natural Resources Committee and stated the committee
recommends having a public hearing on the amended version at the next regular
Council meeting.
S. APPROVAL OF VARIOUS SPECIAL " "STANDING" COUNCIL MEETING
DATES FOR 2005 (AB2005 -070)
(Clerk's Note: Discussion continued from above.)
Whatcom County Council, 1/11/2005, Page 19
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Crawford asked if the Council would consider having its water resources work
session every other month instead of monthly. These meetings are generally
scheduled a few days before the Planning Unit meets so Dr. Roll has Council
direction for the Planning Unit meeting. However, he'd like to change that mindset.
The pressing subject matter has been reduced somewhat.
Brenner stated she is in favor of asking Dr. Roll to reduce the schedule, but
the Council should get his input before making that decision.
McShane stated they can keep these meeting times open for the Council. Dr.
Roll has cancelled several meetings that were not necessary, and will continue to
do so. There will be issues coming up, such as the results of the total maximum
daily load (TMDL) study, that will consume some time.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items.
Motion carried 6 -1 with Nelson opposed.
1. ORDINANCE AMENDING THE 2005 WHATCOM COUNTY BUDGET,
FIRST REQUEST (AB2005 -067)
2. ORDINANCE PROPOSING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN, CHAPTER 6 AND 7 GOALS AND POLICIES
RELATED TO THE CUSTER PROVISIONAL GROWTH AREA (AB2004-
396B)
3. RESOLUTION AMENDING THE 2005 ANNUAL CONSTRUCTION
PROGRAM REGARDING REPLACEMENT OF THE LUMMI ISLAND FERRY
(AB2004 -335B)
4. RESOLUTION AMENDING THE 2005 -2011 SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM REGARDING THE
LUMMI ISLAND FERRY REPLACEMENT (AB2004 -221A)
S. RESOLUTION REMOVING THE LAKE WHATCOM CONNECTOR FROM
THE WHATCOM COUNTY SIX YEAR ROAD PLAN (AB2005 -068)
Addendum
6. ORDINANCE ADOPTING AMENDMENTS TO THE MINERAL RESOURCE
LANDS ELEMENT OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
(AB2004 -400) (AS REVISED BY THE COUNCIL'S NATURAL
RESOURCES COMMITTEE)
Whatcom County Council, 1/11/2005, Page 20
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OTHER BUSINESS
Caskey- Schreiber appointed Councilmember McShane to her position on
Economic Development Investment (EDI) Board.
McShane accepted the appointment.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports or other items.
ADJOURN
The meeting adjourned at 9:01 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on February 8 , 2005.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey- Schreiber, Council Chair
Whatcom County Council, 1/11/2005, Page 21