HomeMy WebLinkAboutCouncil May 10 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
May 10, 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
There were no announcements.
MINUTES CONSENT
Absent:
None
Brenner moved to approve Minutes Consent items one through four.
Motion carried unanimously.
1. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 12, 2005
2. SPECIAL COUNCIL MEETING FOR APRIL 19, 2005
3. REGULAR COUNTY COUNCIL FOR APRIL 26, 2005
4. COMMITTEE OF THE WHOLE FOR APRIL 26, 2005
OPEN SESSION
The following people spoke:
Dennis Jones, 1487 Sudden Valley, stated George Garlick once said the
future of the environment depends on people who value it. County Parks and
Whatcom County Council, 5/10/2005, 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.
Recreation Department Director Mike McFarland will give a presentation about the
Parks Department visioning session on Friday, May 13, at 7 p.m. at the Adult
Center in Sudden Valley. There will be geographic information system (GIS)
overlay maps available to view.
Sudden Valley is a little behind in the work done in the watershed. The
County /Washington State University Extension Program has a great impact in the
community. People are working as hard as they can to do the best they can.
PUBLIC HEARINGS
1. ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO BIRCH
BAY WATER AND SEWER DISTRICT (AB2005 -183)
Caskey- Schreiber opened the public hearing and, hearing no one, closed the
public hearing.
Fleetwood moved to adopt the ordinance.
Motion carried unanimously.
2. ORDINANCE ADDRESSING PARKING RESTRICTIONS ON THE BEACH
SIDE OF BIRCH BAY DRIVE (AB2005 -199)
Caskey- Schreiber opened the public hearing and the following person spoke:
Doralee Booth, 8188 Birch Bay Drive, Birch Bay, stated she is in favor of the
ordinance. They've been trying to get this done for the last five years. The public
beach areas should be consistent all along Birch Bay Drive. The parking and public
road access will be consistent. Sheriff Elfo feels the area will be easier to enforce
because of the consistency. Infractions will be only complaint- driven unless
deputies are patrolling the bay. Nothing very positive happens after 10 p.m. on the
public beaches. Residents have had to call the Sheriff on numerous occasions.
Some residents complained about this because they like to use the beach for a
campfire. In previous years, patrol officers check out what is going on, but they
don't kick out anyone who is having a quiet beach fire after 10 p.m. The park
ranger has had to patrol the park reach area. When the park is full, people decide
they can camp there overnight. Residents are extremely upset about it. It will be
nice for the Park Ranger to not have to do that patrol.
Hearing no one else, Caskey- Schreiber closed the public hearing.
Brenner moved to adopt the ordinance.
McShane stated the 7 a.m. parking restriction seems to attack early risers.
Whatcom County Council, 5/10/2005, 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.
Roy stated there is little chance of having a deputy out there that early in
the morning. Enforcement is complaint- driven. This restriction is to address the
people who are partying in the parking lot at 2 a.m. Even when there are deputies
out there, the deputies don't stop anyone who is not creating a problem. Before
the ordinance, the deputies would always say there was nothing they could do to
stop the activity. This ordinances gives the deputies something to enforce. She
asked if Councilmember McShane is really uncomfortable with the time.
McShane stated he is. It's a big birding area. Some people like to get up
early to see the birds. The timeframe seems arbitrary.
Caskey- Schreiber stated the Council can change the time if there are any
complaints.
Motion carried unanimously.
CONSENT AGENDA
Nelson reported for the Finance and Administrative Services Committee
and moved to approve Consent Agenda items one through eight.
Motion carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
AND WILSON ENGINEERING, LLC FOR A PORTION OF THE 2005
SURVEY MONUMENTATION PROJECT, IN THE AMOUNT OF $35,000
(AB2005 -203)
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT BETWEEN WHATCOM COUNTY
AND NORTHWEST SURVEYING AND GPS, INC. FOR A PORTION OF
THE 2005 SURVEY MONUMENTATION PROJECT, IN THE AMOUNT OF
$65,000 (AB2005 -204)
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE
EDUCATIONAL, ADOPT -A- ROAD /TRAIL, AND JUVENILE OFFENDER
LITTER CLEANUP PROGRAMS, IN THE AMOUNT OF $64,000 (AB2005-
205)
4. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERAGENCY AGREEMENT BETWEEN WHATCOM COUNTY AND
WASHINGTON STATE PATROL FOR DOMESTIC HIGHWAY
Whatcom County Council, 5/10/2005, 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.
INTERDICTION PROGRAM SUPPORT, IN THE AMOUNT OF $7,500
(AB2005 -206)
S. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE OFFICE
OF NATIONAL DRUG CONTROL POLICY TO SUPPORT NORTHWEST
HIDTA BORDER TASK FORCE, IN THE AMOUNT OF $147,770 (AB2005-
207)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND NEW
WORLD SYSTEMS FOR MAINTENANCE ON THE AEGIS ® PUBLIC
SAFETY INTERFACE SOFTWARE, IN THE AMOUNT OF $22,500
(AB2005 -208)
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
BID AWARD WITH THE BELLINGHAM HERALD TO BE DESIGNATED AS
WHATCOM COUNTY'S OFFICIAL NEWSPAPER AND AUTHORIZE THE
EXECUTIVE TO SIGN THE CONTRACT WITH THE BELLINGHAM HERALD
(AB2005 -209)
8. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO AWARD BID #05-
33 FOR THE ANNUAL SUPPLY OF ASPHALTIC MIXES FOR COUNTY
ROAD PROJECTS TO THE APPROPRIATE LOW BIDDER, BASED ON JOB
LOCATION AND DISTANCE FROM PLANT, AND PRODUCT
AVAILABILITY, FOR A TOTAL EXPENDITURE OF APPROXIMATELY
$400,000 (AB2005 -210)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Brenner reported for the Public Works and Safety Committee about the
presentation by the Bellingham - Whatcom County Convention and Visitors
Bureau, Sustainable Connections, and Farm Friends regarding placement of
directional and educational agricultural signs on county roads (AB2005-
191).
OTHER ITEMS
1. RESOLUTION APPROVING BIRCH BAY WATER AND SEWER
DISTRICT'S COMPREHENSIVE SEWER SYSTEM PLAN, AMENDMENT
NO. 2 (AB2005 -198)
Fleetwood reported for the Planning and Development Committee and
moved to approve the resolution.
Whatcom County Council, 5/10/2005, 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.
Brenner stated this is a plan where everyone wins. The lines go in, and
people are not forced to pay for them until they hook up to the line. They are not
forced to hook up as long as the septic system works. The residents sign an
agreement that they will hook up to the line when their septic system fails. No
other place has an agreement that does not force people into paying for what
they're not getting. She thanked the district.
McShane stated a block grant led to this project. It took some effort from
the County administration to bring forward this block grant. It's different from
what they typically do. The County and district administrations were willing to work
on it. The end result is a benefit to people who would not otherwise be able to
afford sewer service. One could say this is a boost to affordable housing.
Caskey- Schreiber stated the Council rated this project high on the
Washington Community Economic Revitalization Team (WA -CERT) priority list.
Motion carried unanimously.
INTRODUCTION ITEMS
Brenner moved to accept the Introduction Items, including the substitute
versions of the mushroom ordinance (AB2005 -105) and the budget
ordinance (AB2005 -211).
Motion carried unanimously.
1. ORDINANCE AMENDING TEXT OF THE OFFICIAL WHATCOM COUNTY
ZONING ORDINANCE, SPECIFICALLY THE ADDITION OF CHAPTER
20.15 — MUSHROOM SUBSTRATE PRODUCTION FACILITIES SITING
REQUIREMENTS, ESTABLISHING LOCATIONAL CRITERIA AND
ZONING DISTRICTS IN WHICH SUCH FACILITIES WILL BE ALLOWED
(AB2005 -105)
2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, TITLE 20, CHAPTERS 20.37 — POINT ROBERTS
TRANSITIONAL ZONE (TZ) DISTRICT, 20.71 — WATER RESOURCE
PROTECTION OVERLAY DISTRICT, AND 20.97 — DEFINITIONS TO
CLARIFY REQUIREMENTS AND STANDARDS FOR CLUSTER
SUBDIVISIONS (AB2005 -149)
3. ORDINANCE AMENDING 2005 WHATCOM COUNTY BUDGET, REQUEST
#5 (AB2005 -211)
4. ORDINANCE DESIGNATING ALL VOTE BY MAIL ELECTIONS IN
WHATCOM COUNTY (AB2005 -212)
Whatcom County Council, 5/10/2005, 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.
S. RESOLUTION DECLARING INTENT TO VACATE A PORTION OF
MOSQUITO LAKE ROAD (AB2005 -213)
OTHER BUSINESS
Roy moved to send a letter to Governor Gregoire, which was written as a
joint project with many contributors, but George Boggs was the main driving force.
The Agricultural department asked for inspectors for feed lots and contained feed
lots. That was not put in the budget. People in Olympia believe the Conservation
District money for developing farm plans may be line -item vetoed from the State
budget. The Portage Bay Shellfish Protection District thinks they've taken hits from
every direction. Water quality is going down. Coincidentally, the number of
inspectors has been cut. Funding is drying up for the technical assistance for water
quality testing. Now, it would be devastating to have farm plan development
funding eliminated from the State.
Crawford stated the letter is fine. The wording of the last paragraph is
almost unintelligible. He asked Councilmember Roy to rewrite the last paragraph,
which he doesn't understand. User plainer language. He supports the idea.
Roy stated she would re -write the last paragraph.
Nelson stated he strongly supports the letter. Many cuts are coming from
the State this session. Next year will be very difficult.
Caskey- Schreiber stated she strongly supports the letter. If farmers have a
farm plan, they will be exempt from some of the critical areas ordinance (CAO)
requirements. That's very important to get people to buy into the new, draft CAO.
Motion carried unanimously.
Brenner moved to send a letter to Crystal Saunders, Substance Abuse and
Mental Health Services Administration Director of Grant Review, supporting the
targeted capacity expansion grant application /jail diversion program CFDA No.
93.243. It's a federal grant available to help communities that are working on jail
diversion programs. No community is working harder on jail diversion than
Whatcom County. The mental health and criminal justice communities will come
together for collaboration. If the County doesn't get this funding, there are other
opportunities for funding from federal and State governments. Gary Williams is
doing an excellent job writing the proposal. Executive Kremen will submit the
proposal when it's ready. The County has a good shot at the grant.
Nelson stated this is an important grant. There will be problems in the
future with funding diversion efforts and the mental health arena. Mr. Williams has
done a tremendous amount of work on this grant. Many other communities are
submitting grant applications.
Whatcom County Council, 5/10/2005, 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.
Brenner stated no other community in the state is doing what Whatcom
County is doing.
Motion to send the letter carried unanimously.
Caskey- Schreiber stated the Kulshan Community Land Trust is having a
presentation about walking communities on Wednesday, May 11 at 1:30 p.m. and 7
p.m. at the ferry terminal.
Nelson stated this region is losing $4 million for mental health services,
especially crisis services. He's concerned about the closure of Compass Health, a
service center. All those clients will end up in the emergency room, the only place
they can go.
Brenner stated the Council won't know until June or July what the region will
get. The North Sound mental health region has 15 percent of the population, but
gets only six percent of the State funding. Other communities get more than their
fair share.
Crawford stated there seem to be more folks on the streets in the last year.
The community needs these services.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
There were no reports and other comments.
ADJOURN
The meeting adjourned at 7:29 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on May 24 , 2005.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey- Schreiber, Council Chair
Whatcom County Council, 5/10/2005, Page 7